Is ICE coming to raid my business?

A new presidential administration has taken office and is making significant changes to our federal government.  Many of those changes are having psychological, if not yet physical, impacts on the private employment sector.  Businesses leaders and employees are openly wondering what are the new rules and proclamations going to mean for our day to day lives and experiences at work.  One of the biggest open questions has been, "what do I do if Immigration and Customs Enforcement personnel come to my place of work?"

This is not an unreasonable question given the strong rhetoric from our president, open pledges to implement mass-deportations and the general anti-immigrant fervor on display at the national level.  Recent announcements from the Equal Employment Opportunity Commission and other federal agencies controlled by the Executive branch have heightened employers and employees focus on the ICE question. However, business leaders cannot be ruled by this kind of fear and uncertainty.  So, what are we to do?

First, if you are an employer, know your team; make sure their employment documentation is in order.  Talk with your employees that expressed concerns about their status.  Many business hire documented non-citizens that are legally employable in the US.  When these employees were hired, they were required to provide documentation that validated their right to be employed in the US.  Reviewing your employment records is an important step to ensuring ongoing compliance.  If you find out of date documentation, work with your employees to obtain the corrected items.

Secondly, know your rights.  ICE is a law enforcement agency, similar to the local police, the State Patrol, or the FBI.  Law enforcement agencies have rules and procedures by which they operate.  Law enforcement agencies are allows to enter public spaces but cannot enter private areas without your express permission or a legally valid judicial warrant.  If law enforcement officials present themselves at your business, you and your employees also have the legal right to remain silent if questioned.

Finally, if ICE does show up at your place of business, stay calm, contact your lawyer, review any warrant presented, comply with legal instructions and document the event.  Make sure you are provided with contact information from the ICE agents at your organization, note where the agents went and document what if any documentation was taken. This information will be helpful if you have to navigate any further interactions with a law enforcement agency.