Preparing Your Workplace for an ICE Visit: What You Need to Know

Employers should be ready for increased US Immigration and Customs Enforcement (ICE) activity this year. Preparations can include planning for a sudden loss of workers, mental distress amongst employees, coordination with law enforcement, and possible administrative and criminal penalties. In such an environment, workplaces may benefit from having a plan to ensure the safety of all employees.

“Hospitals, schools, and churches were historically protected due to the services and privacy given to the people that access these services, but these institutions might not be able to protect all individuals going forward,” said Sara Gibson, Senior Risk Control Manager at Safety National. “This not only interrupts the important services these institutions provide but may also degrade the trust in these institutions.”

Employers potentially affected by ICE activity might consider these employment and safety protocols, which may protect both employees and operations.

Employment Practices

• Verify Employee Documentation: Ensure all employees’ I-9 forms are completed accurately and are up to date. Employers should audit records to check compliance with employment eligibility verification requirements. The E-Verify system should be used with care. There have been privacy concerns and some inaccuracies leading to false positives where authorized workers were flagged as unauthorized. These issues have changed some state laws, including Illinois, which now requires training and notification around the use of E-Verify.
• Train HR Personnel: HR staff should be well-versed in handling ICE information requests, verifying employee documents, and addressing immigration status questions.
• Legal Counsel: Consult with an immigration attorney to understand the legal aspects of ICE activity in the workplace, such as employee rights and when and how to cooperate with ICE.
• Maintain Confidentiality: Avoid disclosing sensitive employee information about immigration status to unauthorized parties. Only share details when required by law.
• Review Employee Rights: Some employers may find it helpful to communicate with employees about their rights. This communication may include a response in the event of a raid, the right to remain silent, the right to refuse entry without a warrant, and the right to contact an attorney.

Safety Protocols

• Establish a Raid Response Plan:
  • Create a clear plan that includes steps to follow in the event of a raid, including who to contact, what actions to take to protect employees, and how to communicate with legal advisors.
  • Practice the plan just like you would for a fire drill.
  • Stay calm.  Advanced planning will reduce panic and possible violence in the workplace.
  • Do not hide employees or assist them in leaving the premises.
• Employee Training: Educate employees about their rights and what to do if ICE arrives, including staying calm and seeking legal assistance.
• Know Your Rights: Understand that ICE needs a judicial warrant to enter most areas of the workplace. Employers have the right to request a warrant before granting access.
• Post-Raid Support:
  • Prepare to provide support to affected employees and ensure that employees’ rights are upheld during and after any raid.
  • Support should also be provided to documented employees that have friends, co-workers, relatives, and spouses affected. Remind employees that access to the Employee Assistance Program (EAP) can assist in mental health and emotional support.
  • Schools should train counselors and teachers on how to support students affected by the loss of family or friends from deportation.
• Continuity of Operations: Understand which employees may be affected by enhanced immigration enforcement and how that may impact your business. Some key considerations should be made for extended absence of employees.

By focusing on these steps, workplaces can better protect their employees and themselves during potential ICE raids.