An ICE raid can disrupt workplace operations. HR professionals should be ready to respond while maintaining compliance and protecting employee rights.
Understanding ICE Raids and Their Purpose
Immigration and Customs Enforcement (ICE) conducts workplace raids to identify and detain individuals who may not have proper work authorization. These actions often occur in industries such as manufacturing, construction, and agriculture. While raids can happen without notice, preparation can help minimize disruption.
Employer Responsibilities: Legal Obligations and Limitations
I-9 Compliance: Employers must verify work authorization through Form I-9 and ensure all documentation is up to date.
Warrant Requirements: ICE must present a valid judicial warrant to access non-public areas of a workplace. An administrative warrant does not grant them entry beyond public spaces.
Non-Discrimination: Employers should not take adverse action against employees based on perceived immigration status.
HR’s Role: Ensuring Compliance While Protecting Employee Rights
Employee Education: Inform employees of their rights, including the right to remain silent and request legal representation.
Establish a Response Team: Designate HR, legal counsel, and management to handle ICE interactions.
Audit Policies and Procedures: Conduct regular I-9 audits and ensure that policies align with legal requirements.
Steps to Take if ICE Arrives Onsite
Stay Calm and Follow Protocol: A measured response helps maintain order.
Review the Warrant: Confirm whether ICE has a judicial or administrative warrant. Entry should only be granted if a judicial warrant is presented.
Limit Access: Without a judicial warrant, ICE agents should remain in public areas only.
Document the Interaction: Maintain detailed records of the agents’ names, badge numbers, employee interactions, and any documentation presented.
Key Documentation During a Raid
Date, time, and location of the incident
Copies of any warrants presented
Names and badge numbers of ICE agents
Names of employees questioned or detained
Any additional relevant details for legal review
Supporting Employees Who Are Detained
If an employee is detained:
Provide Legal Resources: Ensure access to immigration attorneys or advocacy groups.
Assist with Family Communication: If possible, facilitate contact with the employee’s emergency contact.
Avoid Immediate Termination: Employment decisions should be based on verified legal status, not assumptions.
Post-Raid Communication and Workplace Morale
Hold a Meeting: Address the situation transparently and provide employees with accurate information.
Offer Support Services: If available, direct employees to Employee Assistance Programs (EAP) or counseling resources.
Reaffirm Company Values: Maintain a supportive workplace while ensuring continued compliance with immigration laws.
HR plays an important role in helping organizations prepare for ICE enforcement actions. By staying informed, implementing clear policies, and responding appropriately, HR professionals can help protect both the company and its employees while maintaining compliance with federal regulations.
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