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.

Hyperlinked image that says The Importance of an Internal I-9 Audit with a button that says What Employers Need to Know. Linked to a blog post by Axcet HR Solutions written by Jo McClure, Director of Payroll Administration.

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.

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.

Stay Prepared and Compliant

Workplace ICE raids can happen without warning, and the consequences for non-compliance can be severe. Ensuring your employee documentation and payroll records are accurate, complete, and compliant with federal laws is critical to protecting your business. Don’t leave your company vulnerable to costly audits or penalties.

🔍 Explore Axcet’s Payroll Compliance Services to safeguard your business and gain peace of mind.

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.

Written by

Jo McClure, CPP

Jo McClure, CPP, is the Director of Payroll Administration at Axcet HR Solutions, where she has been a pivotal leader for over 20 years. With more than two decades of experience in payroll outsourcing and professional employer organizations (PEOs), Jo specializes in helping small to mid-sized businesses navigate payroll administration, employee benefits, and compliance.

Her strategic leadership at Axcet focuses on implementing best practices in payroll management, compliance auditing, and risk mitigation. Jo obtained her Certified Payroll Professional (CPP) designation in 2006 and has held numerous leadership roles in the Greater Kansas City Chapter of the American Payroll Association, including President, Vice President, and Chapter Coordinator. A frequent speaker at the Midwest Regional Payroll Conference, she has also contributed articles to publications such as Thinking Bigger Business and Kansas City Small Business Monthly.

Jo's specialties include payroll implementation, compliance auditing, and crafting best-practice payroll solutions that ensure businesses stay compliant while optimizing their processes.

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