Written by Francis P. Rojas from Peters & Kappenman, P.A. on April 21, 2025
There has been an increase in enforcement activity directed at employers by the Immigration and Customs Enforcement (ICE) agency. Generally, ICE conducts in person enforcement actions to locate, detain, and deport individuals who are suspected of being in the United States without authorization to physically be in the United States. ICE may come to the workplace to perform an I-9 audit, to conduct an enforcement activity, or to detain specific people. Enforcement actions are most common in hospitality, agriculture, food services, and construction.
The most important step employers can take is to have legally compliant hiring processes in place and to perform a self-audit of their I-9 compliance with the assistance of legal counsel. Please see our previous Employer Advisor regarding I-9 compliance and self-audits: https://www.pklaborlaw.com/minnesota-employment-laws/2025/01/13/i-9-audits-likely-to-increase-during-trump-presidency/
In addition to implementing compliant hiring procedures and self-auditing I-9 documentation, employers should have some basic knowledge of what can occur during an ICE enforcement action and how to properly respond.
1. Designate a Rapid Response Team. Designate and train key personnel who will be responsible for:
a. Reviewing warrants b. Contacting legal counsel c. Monitoring ICE agents during searches d. Documenting the visit e. Managing internal and external communications f. Train all managers on the following: i. The difference between a public area and a private area ii. Proper communication protocols iii. Employee rights during ICE visits iv. Documentation procedures v. The importance of remaining calm and professional
2. Stay calm and encourage the employees to also stay calm.
3. You have a right to see the warrant. The representative should ask for the warrant with the names of the employees they are here to arrest. ICE agents may have a judicial warrant (signed by a court granting legal authority to enter private areas) or an administrative warrant (Form I-200 or I-205, which does not grant authority to enter private areas without consent). Your representative (and your lawyer, when possible) should review the warrant immediately and closely for the following items:
a. Check to see if it is an administrative or judicial warrant. b. Confirm it lists the company’s correct legal name and address. c. Document the scope and limitations of the warrant. 4. Do NOT lie to ICE agents. Serious criminal penalties can result from lying to government agents.
5. You have the right to remain silent. Please note that the representative does not have to report which employees are working that day and is not legally required to take the ICE agents to a particular employee. Both employers and employees have the constitutional right to remain silent and are not required to answer questions about immigration status.
6. You have the right to seek legal counsel. The employer and the employees have the right to seek legal counsel. If an employee is being asked questions by ICE, that employee has the right to remain silent and ask for an attorney.
7. You have the right to object to unauthorized searches. The representative should watch the ICE agents and see if they are complying with what is in the warrant. If the ICE agents are searching areas not listed in the warrant, object to those searches by voicing your objection and noting it. Do not obstruct or interfere with the search.
8. Document! Document! Document!
a. Maintain a list of employees who were present during the enforcement action. b. Record what areas were searched. c. Record how many ICE agents were present (inside and outside). d. Document any conversations or interactions with the ICE agents. e. Keep copies of all documentation provided by ICE. f. Note what items were seized. g. If the ICE agents arrest anyone, ask the ICE agents where they are being taken. h. Save any company surveillance footage taken during the enforcement action.
