In recent days, U.S. Immigration and Customs Enforcement (“ICE”) has initiated raids on workplaces in Newark, NJ, and elsewhere around the country. With the new administration setting immigration enforcement as a priority, this trend is likely to continue. Employers should consider taking the following steps to prepare for potential ICE raids or audits:
- Designate a primary point of contact to handle interactions with ICE agents and to call legal counsel if ICE arrives. This person should carefully review any warrant presented, note its limits, and, if necessary, document any ways that ICE agents exceed those limits. We do not recommend trying to stop ICE agents from entering the premises. The point of contact can follow ICE agents for the duration of their investigation and should collect contact information from all agents on site. Ensure the designated point of contact documents any seized records or employees.
- If your office has security cameras, ensure that they are functional and immediately make a copy of any footage following an ICE raid.
- Train front-facing employees to immediately notify the designated point of contact if ICE arrives, and to request a copy of any warrant. Again, we do not recommend trying to stop ICE agents from entering the premises, as this could put employees in danger. Conduct training sessions for employees on their legal rights, including the right to remain silent and the right to refuse a search without a valid judicial warrant.
- Conduct an internal audit of I-9 records to ensure compliance. Consider enrolling in E-Verify if you have not already. Review employee personnel, I-9, and immigration files and ensure that these respective files are kept in separate folders and contain only relevant information. Note that employers who are not in compliance may face sanctions.
Employers should be aware that Biden-era protections for “sensitive locations” have been rescinded. ICE agents may freely enter any public areas of your business without permission. Public areas include places like parking lots, lobbies, and waiting areas. A judicial warrant signed by a judge (as opposed to an administrative warrant that is not signed by a judge) is still required to enter private areas. However, exercise caution when addressing ICE agents who do not present a judicial warrant. If the ICE agents insist upon entry, do not physically attempt to stop them. Simply document your communications and any actions taken by the ICE agents.
The employment lawyers of Brown & Connery, LLP are ready to address any questions you may have in connection with these issues and can be reached at (856) 854-8900.