If Immigration and Customs Enforcement (ICE) ever visits your workplace, your decisions in those first few minutes can have serious legal, financial, and operational consequences. The stakes are even higher for employers in California, where state laws place unique burdens on employers. That’s why knowing your rights, your obligations, and the appropriate response during an ICE enforcement action at the workplace is critical.
This guide is designed to help business owners, managers, and HR professionals ensure compliance with the law while preserving the organization’s and its employees’ rights. It outlines information for understanding the difference between audits and raids, the types of warrants ICE may present, and how to navigate an ICE visit efficiently and appropriately. While this is not legal advice, it’s a practical overview of key information for handling ICE interactions.
Understanding ICE and Its Divisions
The stated mission of ICE is to conduct criminal investigations and enforce immigration laws. There are two notable divisions in ICE, or Immigration and Customs Enforcement:
- Homeland Security Investigations (HSI): The principal investigative component – Typically handles I-9 Audits and Broad Investigations
- Enforcement and Removal Operation (ERO): Focuses on immigration enforcement — Identifies, detains, arrests, and oversees deportation of individuals deemed removable due to immigration violations
ICE has broad power to visit places of business for several reasons related to immigration enforcement, such as initiating I-9 audits or inspections. An ICE raid, on the other hand, is a targeted enforcement action. ICE agents show up–often unannounced–looking to detain individuals they believe are violating immigration laws. Raids can involve attempts to enter the workplace, question your employees, and sometimes arrest specific individuals. Tips from the public or other law enforcement agencies can trigger these actions.
California’s Limitations
California has some legal protections in place to help restrict ICE’s enforcement actions: AB 450 and SB 54.
- AB 450 – California Immigrant Worker Protection Act
- Added sections to the Government Code and Labor Code imposing immigration-related duties on California employers
- Prohibits employers from voluntarily consenting to immigration enforcement agents accessing non-public areas without a judicial subpoena or warrant
- Requires California employers to provide notice of an I-9 inspection
- SB 54 – California Values Act
- Curtails the use of state and local resources for mass deportations
- Limits the authority of local police and sheriffs – cannot ask about immigration status, make immigration arrests, or share certain information with ICE
- The Trump administration sued California in 2018 regarding law provisions, but the Supreme Court sided with California, keeping SB 54 as a binding law
What’s the Difference Between ICE Audits & ICE Raids?
It is important to distinguish between audits and raids, especially if one or both occur at your workplace.
An ICE audit is a formal review of your employment records, specifically your I-9 forms, which verify your employees’ identity and work authorization in the country. You’ll typically receive a Notice of Inspection, giving you up to three business days to turn over documentation. It’s an administrative process, not a surprise visit, handled mostly through paperwork.
A raid, on the other hand, is an on-site enforcement action. ICE agents arrive without prior notice, sometimes with a warrant, and may attempt to detain employees or seize records. Raids can be chaotic and disruptive, especially if your staff isn’t trained to respond properly.
ICE Warrants vs. Judicial Warrants
California employers need to understand that ICE cannot generally enter non-public areas without a judicial warrant or consent. AB450, as previously mentioned, specifies that California employers and their agents may notconsent to an immigration agent entering any non-public workplace areas unless there is a judicial warrant. An “ICE warrant” is not a judicial warrant.
Employers should not consent to a search of non-public spaces unless a criminal warrant is issued by a Judge, rather than a civil administrative warrant issued by ICE. To better understand these two warrant types:
- Administrative Warrants
- Issued by ICE only (Form I-200 or I-205)
- Notsigned by a Judge
- Does notgrant legal authority to enter or search private areas
- Lists names of all allegedly deportable non-citizens
- May authorize arrests executed in a public space
- Judicial Warrants
- Issued by a Court
- Signed by a Judge
- Grants legal authority to enter non-public areas
- Specific
There are also two different types of Judicial Warrants to understand:
- Judicial Arrest Warrants
- Signed by a Judge
- Allows ICE to arrest a specific individual
- Time limitations
- Not an “ICE warrant” or “Order of Removal”
- Includes a description of the individual
- Not allowed to search files or computers
- Judicial Search Warrants
- Signed by a Judge
- Authorizes law enforcement to enter a specific location
- Must specify the location and items to be seized
- Must specify the areas that can be searched
- Agents can still arrest someone if there is probable cause
The Dos and Don’ts When ICE Visits Your Workplace
When dealing with ICE, employers should already have a response plan. It is recommended that you put together a response team in your workplace, which should be made up of:
- Designated front desk staff
- Legal counsel
- Senior management and/or company spokesperson
- Security personnel
- Documentarian
Knowing what to do and what not to do during an ICE visit to your workplace is crucial to your and your employees’ safety and to protecting the integrity of your business. Please note the list below of what to do and not to do if you get a visit from ICE at work:
DO:
- Stay calm
- Be polite and respectful
- Know the law
- Ask for identification
- Document the visit
- Limit communication
- Make copies
- Demonstrate that you want to comply with the law
- Seek assistance from trusted outside resources
- Ask for a copy of the warrant or subpoena
- Ask for a list of items seized
- Avoid confrontation or escalating tension
- Politely object to anything outside the scope of the warrant
- Keep it procedural, not personal
Encourage your employees and clients to know their rights and have a plan in the event of an ICE enforcement action. Employees have the right to remain silent and to have an attorney if they are not free to leave. If your employees are detained or taken into custody, be sure their families are contacted and that they are paid for any earned wages.
DO NOT:
- Put yourself in danger
- Run
- Hide your employees
- Encourage anyone to run and hide
- Lie or provide false information
- Physically obstruct ICE agents
- Shred or destroy documents
- Consent and grant access to non-public areas
- Provide personal or sensitive information unless legally required
- Provide false or misleading information
- Give legal advice
- Turn over records without a warrant
- Retaliate or discriminate against employees based on immigration status
Guidelines for Filming an ICE Visit
Filming instances have become a norm, especially as of late. If you choose to film an ICE visit at your workplace, please follow these guidelines to avoid potential legal consequences:
- Film openly and comply with the instructions of the agents
- Documentyourself complying with instructions
- Focus on law enforcement and not the detainee
- Don’t narrate or identify the detainee
- Don’t post the video on social media
What Happens After an ICE Raid?
If you’ve encountered an ICE raid, take a few minutes to breathe and check on your other employees, customers, and clients. After prioritizing your and everyone’s mental health, it’s important to contact a legal expert for guidance. You want to take time to organize and supplement documentation, have a team meeting that reinforces workplace rights, create or review a staffing contingency plan, conduct an I-9 audit, and provide the results to employees.
Conclusion
Whether it’s an audit notice or a full-blown raid, ICE interactions can catch even the most well-meaning employers off guard. However, with the right knowledge and preparation, a clear plan, and a calm response, employers can protect their business, respect their employees’ rights, and stay within the boundaries of the law.
California’s legal framework offers strong protections–but only if you understand how to use them. Hackler Flynn and Associates helps California business owners develop a workplace protocol for ICE visits to prepare you for whatever may come.
DISCLAIMER: Content within this post should not be considered legal advice and is for informational purposes only. Communications made through this post do not create an attorney-client relationship. Hackler Flynn & Associates is not responsible for any content that you may access from third-party resources that may be accessed through or linked to this post. Hackler Flynn & Associates is only licensed to practice in California.
DISCLAIMER
Content on the website should not be considered legal advice and is for information purposes only. Communications made through the website do not create an attorney-client relationship. Hackler Flynn and Associates is not responsible for any content that you may access from third-party resources that may be accessed through or linked to this website. Hackler Flynn & Associates is only licensed to practice in California.
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