What to Do If ICE Raids Your Workplace
An unexpected visit from U.S. Immigration and Customs Enforcement (ICE) can disrupt operations and create serious legal risk. But with the right preparation, your business can respond with clarity and confidence, protecting both your people and your legal interests.
This guide outlines the essential steps every employer should take if ICE agents arrive at the worksite.
1. Remain Calm and Professional
The first priority is to stay composed. A calm and respectful approach helps prevent panic and sets the tone for how employees respond.
Ask the agents to identify themselves and provide names, credentials, badge numbers, and business cards.
Avoid confrontation. Do not raise your voice or allow the situation to escalate.
Ensure employees stay calm and continue following internal protocols.
2. Notify Your Attorney Immediately
As soon as ICE arrives, alert your legal counsel.
Legal counsel should review any documents presented and advise on next steps.
Do not attempt to interpret or comply with legal documents on your own.
If your business hasn’t already engaged immigration or criminal-defense counsel, now is the time to identify one as part of your preparedness plan.
3. Assign a Company Representative in Advance
Every business should have a pre-designated employee, such as someone from HR, legal, or management—trained to respond to ICE visits.
This person should:
Be reachable during business hours.
Understand the company’s ICE response policy.
Be the only individual authorized to speak with ICE agents.
4. Clarify the Purpose of the Visit
Ask ICE agents to explain why they are present and request to see any legal documents or warrants.
Be aware of the two different types:
Judicial Warrant – Signed by a judge and marked with a court name. Required for ICE to enter private, nonpublic areas or conduct searches and arrests.
Administrative Warrant – Issued by ICE (Forms I-200 or I-205) but not signed by a judge. These do not allow agents to enter private areas without your consent.
5. Limit Access to Private Areas
Agents may enter areas open to the public—such as lobbies or reception areas—without a warrant. However, they cannot enter restricted areas without a judicial warrant or your consent.
Mark private areas with clear signage like “Employees Only.”
Keep doors to these areas closed or locked.
If agents attempt entry, state:
“This is a private area. You cannot enter without a judicial warrant signed by a judge. Do you have a judicial warrant?”
You are within your rights to deny access unless a valid judicial warrant is presented.
6. Withhold Consent and Do Not Share Information Voluntarily
Unless a judicial warrant specifically requires it:
Do not grant access to private areas.
Do not answer questions about employee status or provide any documentation.
Do not sign any ICE forms or documents without legal review.
Employees should be instructed to say:
“I’m not authorized to speak on behalf of the company. Please speak with my employer.”
They should otherwise remain silent and wait for guidance.
7. Keep a Detailed Record
Documenting the encounter thoroughly can protect your company.
Note names and badge numbers of agents.
Record what was said, shown, and done during the visit.
Request copies of all documents presented.
If any materials are removed, ask for a list and copies.
If safe and legally permissible, take photos or videos (without interfering with enforcement activities).
8. Safeguard Employee Rights
Employees maintain the right to remain silent and to request legal counsel if questioned by ICE.
While you cannot prohibit employees from speaking, you can inform them of their rights.
Conduct regular training so staff know what to do, who to notify, and how to handle the situation professionally and safely.
9. Take Action After the Visit
When ICE leaves, begin follow-up steps immediately:
Write a detailed report of what occurred.
Share all notes and copies with your attorney.
If employees were detained, determine where they were taken and help coordinate legal or family support.
Consider offering those impacted final paychecks, references, or assistance where appropriate.
Plan Now to Protect Later
No business wants to face an ICE visit, but being unprepared makes the situation far worse. The best protection is a proactive plan—complete with legal support, trained staff, and clear policies. Taking steps now can help ensure your business is equipped to respond with professionalism, compliance, and care.