Preparing Your Company For ICE Raids

By Swerdlow Florence Sanchez Swerdlow & Wimmer

June 16, 2025

Immigration concerns are at the forefront of employers’ minds these days given the progressively more frequent ICE raids occurring, particularly in California, and the impact this is having on attendance in the workplace. It is, therefore, important for all employers to have a plan in place in case they are faced with ICE agents who appear and wish to enter their workplaces and, as part of that plan, to have legal counsel on hand to call. 

To properly prepare, employers immediately should designate an employer representative who will be available to speak with ICE agents if they arrive in the workplace. This person could be a Human Resources employee, in-house legal counsel, or someone else in management, and should be someone who would be available to promptly respond if an ICE agent pays a visit to your worksite. This person also needs to be prepared and understand the following protocols:

If ICE appears at your workplace:

•    Call the employer’s immigration and/or criminal-defense attorney promptly.
•    Any ICE agent should be directed to the designated company representative.
•    Immigration officers are allowed to enter PUBLIC areas of the worksite.
•    Immigration officers are NOT allowed to enter non-public or private areas of the worksite without a judicial warrant or without the employer’s consent. Employers can and should restrict entry into such areas if there is no judicial warrant. (Different rules apply to inferior “administrative” warrants.)
•    If the ICE agent has a judicial warrant, they can enter the premises and, depending on the type of warrant, execute a search warrant and/or make arrests. However, employers should ensure the warrant is proper (e.g., the warrant is dated correctly, signed by the court, and the search is within the scope of the warrant). Consult with legal counsel to make sure the warrant is valid.

Understand your rights when ICE arrives:

•    The Company and employees have the right to remain silent and not answer any questions without legal counsel present.
•    The Company and employees have the right to an attorney if they are questioned.
•    DO NOT sign any document from ICE without legal review.
•    The employer does not have to give consent for the search. If the employer refuses consent, the ICE agents with a warrant can still conduct the search; however, by refusing consent, the employer may be able to later challenge the warrant and search.
•    Request copies of all documents that ICE shows you, like warrants and subpoenas.
•    Document what the enforcement agents are seeking to remove from the premises, and ask for copies of anything confiscated before they are taken from the premises.
•    Write down the agents’ names and badge numbers; record the number of agents; and note what documents they presented to justify their actions.

Most importantly, we strongly recommend you consult with counsel to prepare for any ICE visit and to make sure your staff is properly trained how to respond. You can discuss with counsel proper protocols if ICE searches your premises and seizes documents, as well as protocols for what employees can and cannot do if ICE visits the workplace. In this regard, we can help your Company put together a response team that can include immigration and criminal-defense counsel.

www.swerdlowlaw.com