Parker Poe

How Manufacturers Can Prepare for Handling ICE Raids in the Workplace

In light of recent inquiries from our clients regarding potential immigration enforcement workplace raids, it is essential to emphasize the importance of preparation given the current administration's focus on this issue. Manufacturers must be vigilant and prepared for unannounced visits from immigration enforcement agents or inspections of I-9 forms.

U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the Department of Homeland Security (DHS). Its primary functions include enforcing immigration laws, investigating criminal activities related to border security, and preventing illegal immigration. Additionally, ICE conducts workplace inspections to ensure compliance with immigration regulations.

Enforcement actions typically target businesses suspected of employing undocumented workers, with a historical focus on industries such as manufacturing, meatpacking, agriculture, and hospitality. It is important to recognize that the current administration has prioritized increasing immigration enforcement activities. As such, manufacturers should be aware of heightened scrutiny and prepare accordingly.

Manufacturers with a clear plan for handling such raids, including training staff on responding to ICE actions and designating a primary point of contact, are better positioned to mitigate risks, ensure compliance with federal law, and minimize disruption to business operations.

Best Practices for Manufacturers:

• Establish a detailed plan that delineates roles, responsibilities, and procedures for managing unannounced enforcement visits. Ensure that front desk personnel are informed of these protocols and policies, as they are likely to be the initial point of contact.
   
• Appoint one person as the main contact for interactions with ICE agents.
   
• Train key staff members, particularly front office personnel, on how to handle immigration enforcement actions. This training should include instructions on whom to contact, what to say, what documents to request, and how to interact with officers calmly and professionally without confrontation.
   
• When ICE agents arrive, ask to see their identification and review any documents they present, like warrants or subpoenas, to verify their validity and scope. Immediately notify the designated representative or legal counsel. Absent a judicial warrant, front office personnel may deny access to private areas, while the designated representative is located. 
   
• Regularly conduct a self-audit of I-9 files in accordance with government guidelines to ensure compliance. Properly completed I-9 forms and proper employment verification policies can protect companies against certain immigration enforcement actions as well as minimize the risk of an undocumented workforce.

For more information, please contact me or your regular Parker Poe contact. You can also subscribe to our latest alerts and insights here.