What steps should employers and employees take when ICE visits the workplace? U.S. Immigration and Customs Enforcement (ICE) visits a workplace can be stressful and disruptive. Employers must be prepared to handle such situations professionally and legally. Signage should be put on doors and reception windows that say private/no entry without authorization. For any sign-in sheets/registration areas, the paperwork should stay inside the glass reception window and not be left on the “public” side of the window.
Here are the steps employers should take:
1. Stay Calm and Professional – Maintain a calm demeanor and treat ICE agents respectfully. Panic can escalate the situation and lead to unnecessary complications.
2. Designate a Point of Contact—Have a designated person handle interactions with ICE agents, such as a manager or employee representative. This person should be trained on how to respond and should be available at all times.
3. Verify Documentation – Ask ICE agents to present their credentials and any warrants. ICE generally needs a judicial warrant to enter non-public areas.
4. Limit Access to Public Areas – ICE agents can only access public areas like lobbies and parking lots without a judicial warrant. Mark private areas and inform employees about these boundaries.
5. Do Not Consent to Searches – Do not consent to any searches of private areas or employee records without a warrant. Politely inform ICE agents that they need a judicial warrant to proceed.
6. Notify Legal Counsel – Contact your legal counsel immediately for guidance on proceeding. Your attorney can clarify which information agents are entitled to and where they can go.
7. Document the Interaction—Keep detailed records, including the ICE agents’ names, the visit’s time, and any documents presented.
8. Train Employees – Ensure that all employees, especially at the front desk, are trained to respond to ICE visits. They should know to refer ICE agents to the designated point of contact.
9. Follow-Up – Review the incident with your legal counsel to determine any necessary follow-up actions or changes to company policies after the visit.
Rights of Employers and Employees
Employer Rights – Access Control: Employers can restrict ICE agents to public areas unless they present a judicial warrant.
1. Documentation Review: Employers have the right to review and verify the validity of any warrants or subpoenas presented by ICE agents.
2. Legal Representation: Employers can contact their legal counsel before allowing ICE agents to proceed with their investigation.
Employee Rights – Right to Remain Silent: Employees have the right to remain silent and do not have to answer questions from ICE agents.
- Right to Legal Representation: Employees can request to speak with an attorney before answering questions.
- Projection from Unreasonable Searches: Employees are protected from unreasonable searches and seizures under the Fourth Amendment, which requires ICE agents to have a valid judicial warrant to search private areas.
By understanding and exercising these rights, employers and employees can better navigate the complexities of an ICE visit while ensuring compliance with the law.