By creating a response plan, complying with legal requirements, and supporting employee well-being, HR leaders can keep their organizations safeguarded and avoid legal risk.
By Mary Schroeder
Immigration and Customs Enforcement (ICE) raids have become a harsh reality for some businesses and organizations. Whether running a small business, nonprofit, or large corporation, it is crucial to be prepared for the possibility of an ICE raid. Unfortunately, many workplaces have been left scrambling to respond, especially during the initial stress of a workplace raid, but knowing what to expect and how to prepare for such an event can make all the difference. Let’s talk about these raids, why they are happening so frequently, and most importantly, how to make sure that both HR and business leaders are ready.
In essence, ICE raids are enforcement actions that are conducted by the U.S. Immigration and Customs Enforcement agency. These raids are used to identify and detain undocumented workers. It is important to note that these raids can happen anywhere, and in any setting, from restaurants and farms to office buildings.
However, these raids typically target businesses, based on tips, audits, and ongoing investigations. In some cases, the agency may be looking for people who have prior deportation orders, and in other cases, it may just be conducting a broad sweep for workers without valid documentation. Despite the actual reason for the raid, they can be extremely stressful, disruptive, and legally complicated for both employees and employers.
How to Prepare for Potential ICE Raids
- Understand the legal rights for employees and overall organization. First and foremost, it is important for HR to have a deep understanding of the organization’s legal rights. ICE agents are required to follow certain procedures, and knowing these procedures can help protect the organization and its employees.
- Warrants matter. ICE agents are not allowed to enter a private workplace unless they have a warrant that has been signed by a judge. If leaders are presented with an administrative warrant, however, they are only allowed to enter the public areas of the business.
- Employees have a right to remain silent. Employees should know that they do not have to answer questions about their immigration status and reserve the right to remain silent until they have secured legal representation.
- Leverage legal representation. Both employers and employees have the right to consult an attorney, and if ICE detains an employee, they should immediately request to speak with a lawyer.
Creating a Response Plan
A response plan is crucial as it helps to prevent panic and ensures that everyone knows what to do. Here is what should be included in an organization’s response plan:
- a point person—likely a manager from HR—who handles communication with ICE agents;
- legal counsel to provide assistance;
- training for employees on how to understand their rights and react calmly in the event of an ICE raid; and
- an emergency contact list available for legal aid organizations, attorneys, and community resources that can help assist employees.
Training sessions can make a huge difference, and employees need to be trained on how to understand and identify different types of warrants, what to do—and what not to do—if ICE arrives, how to remain calm and respectful, and where to find legal help if needed.
These training sessions can be informal, but they need to be thorough, as staff who are more prepared will be better able to handle the situation without panic or confusion.
One of the most important ways to protect an organization from the effects of an ICE raid is to make sure that all employees are properly documented. This can be done by conducting regular audits of employee records to confirm compliance with federal law.
At the same time, it is crucial to avoid workplace practices that could be seen as discriminatory. This includes avoiding activities such as selectively verifying documents based on an employee’s appearance or accent.
Prevention is better than a cure, so don’t wait for a crisis to find legal support. Making sure that the organization has partnered with an immigration attorney before any issues arise can help HR sort through any potential problems smoothly. Additionally, the organization should also have affiliations with advocacy groups or legal aid services that specialize in immigration issues.
Keeping records organized in an organization should be part and parcel of the job, and when it comes to ICE raids, having paperwork filed and up-to-date can help avoid any scrutiny or penalties. Always make sure to keep employees’ work authorization documents in a secure and accessible location.
Additionally, it’s important to make sure that all payroll records, tax filings, and business licenses are in order. The reason for this is that if ICE suspects a company of hiring undocumented workers, they may look for other violations as well.
Due to ever-evolving immigration policy and enforcement tactics, it’s important to stay informed at all times. HR leaders can do this by:
- using reliable sources to follow immigration news;
- attending business or community workshops on immigration law;
- consulting with legal professionals regularly; and
- staying proactive.
What to Do During an ICE Raid
Even when HR and business leaders are well prepared, a raid can still happen. If ICE agents arrive at the workplace, it’s important to follow the following steps.
- Stay calm. Panic helps no one. In fact, it can make things worse. Make sure that managers and employees alike have a clear head and follow the response plan.
- Ask for identification. By law, ICE agents have to show identification, as well as a judicial warrant, to enter non-public areas. If they only present an administrative warrant, HR and business leaders may politely inform them that they do not have permission to enter private areas.
- Do not interfere. Always make sure to comply with all legal requirements. However, HR and business leaders are not obligated to provide any agent with additional information or assistance.
- Document everything. If possible, record the raid and take notes about what ICE agents say and do. This can be helpful for legal defense later.
- Immediately contact legal counsel. As soon as ICE arrives, call the organization’s attorney immediately. Additionally, if any employees are detained, make sure they have access to all the legal resources they need.
After an ICE Raid: Next Steps
After the raid has been conducted and the dust has somewhat settled, it is important to make sure that all employees who have been detained can connect with their families and secure access to any other support resources. It’s also important to work directly with an attorney to understand the legal implications that an ICE raid can have on the business.
Regularly review and identify any gaps that may exist in the organization’s response plan and make improvements and revisions as needed. If the situation calls for it, issue a statement to employees, customers, and the media to clarify what has happened and how the organization is handling it.
ICE raids can be extremely traumatic and stressful, but at the end of the day, preparation isn’t just about compliance—it’s about standing up for the people who make the business or organization thrive. Having a plan in place will ensure that the organization’s team is safeguarded and better equipped to handle any situation that arises.
Mary Schroeder is the chief human resources officer at FlexHR.
