What employers need to know about ICE raids

Since President Trump returned to the White House last month, more than 3,500 undocumented migrants have been arrested, according to daily statistics published by Immigration and Customs Enforcement (ICE). As the Trump administration has vowed to ramp up raids and arrests of undocumented people, employers should be educated and prepared for what's to come. 

"A lot of employers are understandably anxious about what to expect," says Nina Pelc-Faszcza, a practicing immigration attorney at Shipman & Goodwin. "A lot of that anxiety comes from the fact that many employers have never had to deal with this before and they just don't know what to do. My biggest piece of advice right now is to know and understand their rights." 

While there is no way to predict exactly when and where the authorities will show up, there are proactive measures businesses can take to ensure that any potential visit or investigation remains legal and lawful. 

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First, Pelc-Faszcza urges private businesses to remember their constitutional protection against unreasonable searches and seizures by the government. ICE agents don't have the right to show up at a private place of business and enter to apprehend individuals, she says. Unless it is explicitly considered an emergency, ICE officers would need to present business owners with a judicial warrant signed by a federal judge and issued by a federal court, in order to enter any privately owned establishment. 

Public businesses, such as restaurants, have less outright protection, but areas within the establishment could still legally be considered private. As a precaution, all businesses in states or industries where raids have already occurred should be building protocols and policies as well as connecting with an attorney — specifically one with experience in the immigration field — if they haven't already. 

"There are other ways for employers to protect themselves and their populations, whether it's their employees or other relevant individuals like their customers," Pelc-Faszcza says. "That's why it's important for employers to also speak to an immigration attorney so that they can understand where those boundaries are." 

If an ICE agent presents business owners with all of the necessary documentation, employers should remain calm and cooperative while still keeping a detailed record of the visit. This means asking for identification, getting the agents' phone numbers, taking photos and videos of the visit if possible and keeping copies of any and all documentation or records they've been asked to submit. Afterwards, employers should write a detailed summary of the visit for their own records. 

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"A visit from ICE can look different depending on what they are there to do," Pelc-Faszcza says. "Identifying and facilitating the removal of undocumented individuals is the high level plan, and although there is a focus on individuals who may have committed a crime or otherwise suspected of being involved in criminal activity, there is a general order for the removal of undocumented immigrants in this country."

And while employers can be the first line of defense, it's important for individual employees and patrons to also be aware of their personal rights should they be approached directly at work or at home. This includes the right to remain silent and the right to their own attorney.

"You don't have to talk to an ICE agent or answer their questions right away," Pelc-Faszcza says. "As with any law enforcement interaction, individuals are welcome to exercise those same rights." 

Employers are encouraged to inform their employees of their individual rights, but Pelc-Faszcza warns employers against directly advising their employees or other populations on how to interact with ICE. 

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"It's important for employers to understand that there's advocating for your employees and ensuring that any enforcement activities are conducted lawfully, and then there's being overprotective of employees and risking obstruction of justice charges," she says. "And it's a very fine line." 

Overall, the most important thing is for businesses to be on the same page about their approach and keep a level head. Hoping for the best while being prepared for the worst is the best strategy in these situations, according to Pelc-Faszcza. 

"​​Have a protocol in place that employers and employees are prepared to follow whether an ICE agent is looking for a specific individual or asking to search the premises," she says. "Having a plan in place so that the business isn't scrambling or making things up as they go is critical."