By: Belma Demirovic Chinchoy, Attorney at Law, Immigration General Counsel

The topic of immigration is front and center for many in our country this week. U.S. businesses are advised to prepare for a potential federal investigation by the Immigration and Customs Enforcement (ICE) or Homeland Security Investigations (HIS). Even a U.S. employer, without any foreign workers on staff, could still encounter immense difficulties as the result of a federal investigation if they do not have sound policies, procedures, and action plans in place if/when ICE or HSI knocks on their door. This article aims to provide high-level guidance for employers on how to plan for a potential worksite enforcement raid or investigation.

1. Preparation:

  • Have a worksite enforcement action plan in place.
    • At a minimum, designate one or more managerial personnel at a worksite who will interface with the government officials demanding access to their facility. The designated managers should be trained on the company’s worksite enforcement plan so they are not left guessing how to react.
  • Consult with a business immigration attorney for advice and preparation.
  • Regularly conduct an I-9 audit.
  • Educate your employees about their rights.

2. Immediate Actions During a Raid:

  • Call your lawyer immediately. The front desk employee should tell the officers, “Our company policy is to call our lawyer and I’m doing that now.”
  • Request and record the Officer’s identities.
  • Ask to see the warrant. The warrant must be signed by a judge and specify the search’s scope. Assuming a valid warrant, don’t consent to a search but do not impede the search. Monitor the officers (as much as it is practical to do so given there may be many officers) to ensure compliance with the warrant.
  • Do not hide employees, provide false information, or shred documents.
  • Ask if employees are free to leave the facility.
  • Do not volunteer information or documents.
  • Do not advise employees to remain silent but do not instruct them to answer the officers’ questions either.
  • Ensure employees’ health and welfare needs are communicated to ICE officers; if an employee needs medications or kids picked up from school, discuss with the officer to make arrangements.
  • If any employees are detained, ensure their families are contacted and any owed money is paid.
  • Protect privileged materials and request that attorney-client documents not be inspected.
  • Request a copy of all items seized.

3. Post-Raid Considerations:

  • The investigation continues even after ICE or HSI leaves.
  • Convene the company leadership with your attorney to discuss the documents sized and employees detained and the plan of action.
  • If I-9s were at issue, develop an action plan to address technical violations within the given deadline. Strategize how to minimize the financial penalties for any substantive violations.

4. Employee Rights:

  • Employees have the right to remain silent and the right to an attorney.
  • They do not need to answer questions about their immigration status or show identity documents.
  • They can refuse to move into groups based on immigration status.

It is essential that businesses and employees know their rights during an ICE raid. For more detailed information, contact us at 310-328-3322 to schedule a consultation and develop a plan for your worksite.



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