Worksite Enforcement Series: Preparing for the ICE Raid

Immigration and Customs Enforcement (ICE) and Homeland Security Investigations (HSI) can arrive at your workplace unannounced for a Form I-9 audit, raid, or to detain employees. Even fully compliant businesses can be investigated. Preparation is critical to protect your operations.

When ICE/HSI Arrives

• Public vs. Private Areas: Agents can enter public areas without permission; private areas require a judicial warrant or your consent. Clearly mark private spaces (“Private” signs, closed/locked doors) and maintain policies restricting public access.

• Warrant Review: Ensure the warrant is judicial – must be signed by a judge and state “U.S. District Court” or a State Court. Without one, ICE cannot enter private areas unless you consent. Send to your attorney immediately. Administrative warrants (Forms I-200 or I-205 from DHS) do not grant entry to private spaces without permission. Always ask to see and review any warrant before granting access.

• Monitoring: Have a representative accompany agents, record actions, and note items seized.

• Employee Rights: Workers can remain silent, request an attorney, and refuse to show nationality documents.

• Employer Conduct: Do not interfere, hide employees, or provide false information. Protect privileged materials.

During the Action:

• Remain calm and instruct employees to do the same.

• Do not lead agents to employees unless required by a judicial warrant.

• Request reasonable accommodations, such as copying critical business documents before seizure.

• Record or video activities if possible.

After the Action:

• Document the event: number of agents, conduct, any mistreatment, and items seized.

• Notify unions if applicable.

• If employees are detained, get their detention location for legal/family coordination.

• Understand that investigations may continue for months and involve multiple agencies.

Preparing Now:

• Develop a Rapid Response Plan and train staff.

• Hold 'Know Your Rights' training with legal/community groups.

• Clearly mark private areas and restrict access.

• Have immediate legal contact procedures in place.

Contact:

DANA R. BUCIN International & Immigration Attorney (Partner)
280 Trumbull Street, Hartford, CT 06103
Direct: 860.240.6081
dbucin@harrisbeachmurtha.com

This alert does not purport to be a substitute for advice of counsel on specific matters.