Employers urged to prepare for potential ICE workplace visits amid stricter immigration policies

Gemma Wojahn Executive Assistant/ Office Manager | Envision Greater Fond du Lac

By Fond Du Lac Times

Feb 10, 2025

Employers are advised to prepare for potential visits from U.S. Immigration and Customs Enforcement (ICE) as immigration policies become more stringent under the current administration. ICE operations can include raids, audits, or detaining individuals at workplaces, making it essential for businesses to have a plan in place.

Companies should implement an ICE Workplace Visit Response Protocol to guide actions if ICE agents arrive. Employers need designated contacts to handle communication with agents during visits. Employees are advised to say, “I can’t give you permission to enter. You must speak with my employer,” and remain silent when questioned by ICE agents. Silence and requesting legal counsel help protect workers' rights.

Businesses should identify private areas within the workplace since ICE cannot lawfully enter these without a judicial warrant signed by a judge. Administrative warrants from the Department of Homeland Security do not permit entry into private spaces without consent from an authorized representative. Companies are encouraged to label private areas clearly or keep them locked to prevent unauthorized access.

While ICE agents may access public areas like parking lots or lobbies without restriction, employers should verify any presented warrants' validity before allowing entry into private spaces. If no valid judicial warrant is provided, employers should deny consent for entry into private areas.

Providing Know Your Rights training is recommended so employees understand their rights during an ICE encounter. Training emphasizes remaining calm and silent, which helps avoid giving ICE grounds for suspicion of immigration violations.

Response protocols should also involve documenting details during raids, such as agent information and behavior, and notifying employee representatives if necessary. If arrests occur, knowing where detained employees are taken aids families and legal support.

Regular drills of response protocols ensure preparedness among staff and designated contacts for potential ICE visits.

This guidance is intended as a general overview; specialist advice should be sought for specific situations.

Matthew Luzadder and Alla M. Taher

Kelley Drye & Warren LLP

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