How to Prepare for ICE Raids and What to Do If Agents Arrive

By Jo McClure, CPP on Feb 24, 2025
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Jo McClure, Director of Payroll Administration for certified PEO Axcet, shares her expertise with small business owners on how to prepare and respond to an ICE raid

Under the new Trump administration, businesses of all sizes face increasing scrutiny from U.S. Immigration and Customs Enforcement (ICE), the enforcement arm of the Department of Homeland Security. ICE raids, also called “targeted enforcement operations,” began less than a week after President Trump took office and have occurred throughout the United States. In these raids, agents arrive at worksites unannounced and demand proof of employees’ employment eligibility.

If ICE discovers undocumented immigrants during a raid, agents can arrest them and seize related documents and technology, including computers and phones. I-9 form issues – even inadvertent mistakes – can lead to costly penalties for employers, while harboring workers without the proper papers can lead to jail time.

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During an ICE Raid: Steps to Protect Your Company and Employees’ Rights

While there’s no way to know how long the workplace raids will continue, they have occurred consistently since late January. Below are actions you can take if ICE agents show up at your company.

1. Identify a Company Point Person

Determine who in your company will be designated to interact with ICE officials.

2. Verify Credentials

Politely request and examine the identification of ICE agents to confirm their authority. The predetermined company representative should ask for a copy of warrants or subpoenas and review them carefully to ensure they:

Are valid and signed by a judge;
Include the address of the premises to be searched;
Provide a timeframe in which the warrant may be executed; and
Describe the search scope.

3. Limit Access

ICE agents are not allowed to enter non-public areas of your workplace unless they have a warrant. If they have a warrant, the designated company representative should accompany them during the visit to monitor their actions and protect employee rights.

4. Document the Encounter

Keep detailed records of the agents' names, badge numbers and actions taken during the visit. This documentation can be crucial for any subsequent legal proceedings or internal reviews.

Remember:

If agents arrive without a warrant and interfere in any way with your operations, you can ask them to leave.
Thanks to the Fifth Amendment of the U.S. Constitution, all persons, including employees, may remain silent when questioned by law enforcement authorities like ICE agents and may request an attorney, which may be the best way to protect their rights.
Employers do not have to assist ICE beyond what a judicial warrant requires.
ICE agents may look at anything in “plain view,” even without a warrant. They also may use any information exchanged during conversations they hear with “unassisted” ears to establish “probable cause” that unlawful activity is occurring, which enables them to engage in legal search and seizure protocols.

After an ICE Visit: Take Follow-Up Steps

1. Consult Legal Counsel

Immediately contact a legal advisor who can help determine appropriate next steps and provide guidance on responding to any allegations or requests from ICE.

2. Communicate with Employees

Inform your staff about the incident, reassuring them and providing necessary information. Transparency helps maintain trust and morale within your team.

3. Review Policies and Procedures

Assess your current compliance measures and response plans. Identify areas for improvement and implement changes to strengthen your preparedness for any future incidents.

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Before an ICE Raid: Take Proactive Measures

Preparing ahead helps companies minimize the disruption workplace immigration raids cause and mitigate potential exposure from violations.

Based on the raids that have taken place since late January, ICE appears to be targeting companies that employ workers with criminal histories. ICE agents may show up at businesses without warning and may ask for I-9 forms to confirm employees’ identities and authorization to work in the United States. During raids, they may question and detain targeted individuals and any other unauthorized workers they find in the same location.

Companies can protect themselves by taking these steps to prepare in advance for the possibility of an ICE raid:

1. Ensure Compliance

Regularly audit your Form I-9 records to confirm all employees have properly completed forms on file. Cross-check payroll records to ensure consistency. Promptly address any discrepancies.

Internal audits demonstrate a commitment to compliance and can reduce penalties in the event of a government inspection. Consider partnering with a certified professional employer organization like Axcet HR Solutions to handle these crucial tasks for you.

2. Train Employees

Provide training for the people at your company responsible for completing I-9 forms. Training should cover proper verification procedures and protocols for handling situations involving potential unauthorized workers.

3. Develop a Response Plan

Establish a clear action plan that details steps to take during a workplace raid. Your plan should include designating one or more leaders who would interact with agents, understanding your rights regarding search warrants and ensuring employees know how to respond appropriately.

Taking proactive steps before ICE shows up can protect your business, safeguard employees and ensure compliance with federal regulations. If you have concerns about ICE enforcement or I-9 compliance, schedule a consultation with Axcet today for guidance and support.

How to Prepare for ICE Raids and What to Do If Agents Arrive