Is your Agency Prepared for an ICE Raid?

Do you have a plan if immigration officials come to your agency?

Today’s news reports are filled with descriptions of surprise raids and enforcement actions being carried out by federal agents working for the United States Immigration and Customs Enforcement Agency (“I.C.E”).  Current reports suggest that I.C.E. agents have been directed to detain a minimum quota of 3,000 people every day.  This shorthand guide will describe:

1. What is I.C.E. and what power does it have.

2. Why I.C.E. agents might show up at your agency

3. What you are required to do as an employer

4. What are your rights if agents do come to your workplace

5. Steps you can take now to be prepared

   
   

WHAT IS I.C.E.?

"ICE" most commonly refers to U.S. Immigration and Customs Enforcement, a federal law enforcement agency under the Department of Homeland Security.  ICE's main mission is to enforce federal laws governing border control, customs, trade, and immigration. They focus on identifying, arresting, and removing individuals who violate immigration laws, as well as investigating and disrupting transnational criminal networks.  During enforcement actions, ice agents may be supported by agents from the F.B. I. or other law enforcement agencies.  I.C.E. typically performs one of three operations:

• Perform a Form I-9 Audit of your agency

• Conduct a raid in search of employees who do not have proper immigration or employment documents

• Detain specific people who may lack such documentation

Form I-9 and Audits

Form I-9 is a federal form that all employers must collect and retain for all new employees.  It confirms the employee’s identity and authorization to work in the United States.  Employers must retain these forms for three years after hiring or one year after an employee leaves employment, whichever is later.  Employers need to keep only the form, not the employee’s I.D.  or other work authorization documents.  Normally, I.C.E. must provide you with a Notice of Inspection (“N.O.I.”), which typically gives you at least three days to collect and produce the required documents.  I-9 audits can result in orders directing you not to hire anyone without proper documentation or civil and criminal fines and penalties.   If you have not done so in the last year, you should complete an I-9 audit as soon as possible to ensure your personnel files are compliant.  If you find serious noncompliance, contact us to learn how you can resolve these discrepancies.

Raids

According to news reports today (June 16, 2025), in response to large “No King” protests over the weekend, President Trump directed ICE to focus on Cities with Democratic leadership where the largest protests occurred.  Philadelphia had one of the largest. 

See Trump orders ICE officers to expand deportation efforts in Democratic cities

In a Raid, I.C.E. agents go to a workplace without warning as part of an investigation of an employer and attempt to obtain information about employees or even detain employes who are suspected of working without proper authorization.  They may also enter in search of particular people. 

WHAT YOU CAN DO IN ADVANCE: Make a plan and practice it.

During raids, ICE agents can enter public areas but not private areas of your workplace, unless someone gives them permission to enter.  You should clearly demarcate the public and private areas of your workplace.  Public areas are those such as lobbies or public waiting areas or service areas where you have invited the public to enter.  Private areas can be all other areas such as offices, clinics, supported homes.  Private areas should be marked as “Private” and should tell visitors that there is “No Admission Without Permission.”

Look at the WARRANT:  You have a right to direct ICE agents to remain in public areas

unless they have a warrant, either a search warrant or an arrest warrant SIGNED BY A JUDGE.  You have the right to politely ask the agents to show you a warrant.  You have the right to read the warrant if they show you one.  Something called an “Administrative Warrant” is mostly likely NOT valid to overcome your privacy rights.  Legitimate search or arrest warrants describe the areas that may be searched with specificity.  If I.C.E. agents seem to be searching beyond the areas described in the warrant, voice your objection to them. 

 Train your staff to:

• Answer no questions and provide no information.  Staff should only respond by stating: “No one is allowed to enter without permission.  You have to get permission from my employer,” or, “You have to get that information from my employer.” This applies especially to staff who work in or oversee your public areas. 

• Stay calm.  Employees should not run as this provides evidence that they are guilty of something and can lead to their arrest.  If I.C.E. agents try to question or detain an employee, the employee should say only, “I choose to remain silent and I want an attorney.”

• Carry Green Cards and other Employment Authorization Documents (EAD) with them and make sure another copy is safe at home.  This is a requirement, though most people never thought it necessary until now.  A copy of the Green Card or EAD should be with the employee’s emergency contact person or someone else who can be contacted quickly if the employee is detained for some reason.

Finally, DOCUMENT, DOCUMENT, DOCUMENT.  Video ICE agents while they are present on your property and write down a record of what happened as soon as you can after they leave.  In you create a written summary, include the who, what, where, how and when of the event.

If you need additional help or information preparing for ICE enforcement actions, contact us.