Jonathan R. Ksiazek is a partner at Neal, Gerber & Eisenberg LLP.
In an increasingly complex regulatory environment, employers may face unannounced visits from U.S. Immigration and Customs Enforcement.
These visits can take the form of Form I-9 inspections, worksite enforcement actions or inquiries involving individual employees. While such events may be disruptive, having a well-developed workplace response supports legal compliance, protects business operations and promotes employee confidence.
Why a response plan matters
A workplace response plan is a legal safeguard that will help ensure that an organization responds appropriately to ICE actions.
By preparing in advance, businesses can minimize disruption to operations and maintain continuity even during unexpected events. Additionally, it serves as a risk management tool, helping to avoid missteps that could lead to reputational damage or legal exposure. A clear plan also demonstrates a commitment to employee rights and workplace stability, which can foster trust and improve morale.
Key elements of an effective response plan
One of the most important components of a response plan is the designation of a company representative who is trained and authorized to interact with ICE agents. This individual should be well-versed in the company’s legal obligations and internal protocols and be prepared to manage interactions with ICE professionally and calmly.
Employee preparedness is equally critical. Staff should be trained to respond appropriately if ICE agents arrive at the workplace. It is important for employees to remain calm and immediately refer agents to the designated company representative. Employees should avoid answering questions or providing documents themselves; those are the responsibilities of the designated company representative. Employees should also understand that they must not obstruct or interfere with ICE activities. A simple and effective response might be: “I’m not authorized to speak on behalf of the company. Please speak with our designated representative.”
Responding to ICE actions
When ICE arrives at a worksite, they may present either an Form I-9 administrative warrant or a judicial warrant.
An administrative warrant, issued directly by an immigration official such as an ICE agent or immigration judge, does not authorize broad searches. Administrative warrants are typically used for I-9 audits or to arrest individuals suspected of violating immigration laws. A judicial warrant includes a case number and is signed by a judge, granting ICE the authority to enter and inspect private areas of the business.
ICE agents are not permitted to enter non-public areas of a business without a judicial warrant or explicit permission. However, ICE may access public areas — such as parking lots, lobbies or waiting areas — without a warrant or permission. Being in a public area does not grant ICE the authority to stop, question or arrest individuals indiscriminately.
When ICE initiates a Form I-9 audit, a response plan ensures that the employer can quickly and efficiently gather the required documentation. This may include I-9 forms, payroll records, E-Verify confirmations, ownership information and staffing agreements. Having these materials organized and accessible helps meet the typical three-business-day deadline and demonstrates good-faith compliance.
In the event of a worksite enforcement action involving a judicial warrant, a trained company representative can verify the warrant’s validity and scope, confirm that the correct business entity and location is named and accompany ICE agents during the search. This oversight helps ensure that ICE activities remain within legal boundaries and that any concerns are properly documented.
If ICE attempts to detain or question an employee, a response plan supports the employee’s rights and ensures the company responds appropriately. Employees should be informed that they have the right to remain silent and may request legal counsel. They are not required to provide documentation unless legally obligated. Employers should avoid providing inaccurate information or facilitating evasion. If an employee is detained, the company can request details regarding the location of detention and, if appropriate, notify the employee’s emergency contact.
Documentation and review
Thorough documentation of ICE visits provides long-term benefits for the organization. It creates a record for legal review or future audits, supports internal process improvements and enhances transparency and accountability.
Employers should record the date, time and nature of the visit, along with the names and badge numbers of ICE agents and any items seized. If legally permissible, photographs or video recordings may be taken to supplement written records. Copies of all documents provided to ICE should be retained, and an internal summary report should be prepared to capture key details and observations.
A response plan also enables employers to communicate clearly and effectively with staff after an ICE visit. Providing access to legal resources or employee assistance programs can help affected employees navigate the situation. Employers may also allow reasonable time for employees to gather documentation or seek legal advice. To protect the integrity of any ongoing legal matters, employees should be reminded to avoid sharing details of the incident on social media.
Planning as a strategic advantage
ICE visits can be unpredictable, but a workplace response plan transforms uncertainty into preparedness.
By investing in training, documentation and employee support, employers can protect their operations, comply with legal requirements and foster a resilient workplace culture.
