Worried About Immigration ICE Raids? How to Prepare Your Employees

As business owners settle in with a new administration, many blue-collar employers wonder if their company should anticipate an increase in worksite inspections or even an ICE raid. 

While ICE raids can significantly impact businesses by targeting undocumented workers and disrupting operations, you and your employees do have rights and protections during a surprise inspection.  

What are ICE raids? 

ICE raids are enforcement actions by Immigration and Customs Enforcement (ICE) aimed at apprehending and deporting undocumented immigrants. Immigration agents may create tactical operations in various locations to identify those without legal immigration status. 

Although policies have been implemented to discourage arrests in sensitive locations such as schools, hospitals, and places of worship (except in emergency situations), this does not eliminate the risk of raids in these areas. 

Increase in ICE Raids 

In 2018, ICE enforcement had noticeably increased from previous years. This increase came from a broader strategy by homeland security officials to intensify immigration and customs enforcement and homeland security investigations (HSI) to enhance national security.  

The impact of these workplace raids extended far beyond the immediate arrests. For businesses, these raids disrupted workplaces, leading to operational challenges and legal complexities.  

As an employer, you need to navigate these situations effectively, ensuring compliance with immigration law while safeguarding employees’ rights. 

Legal Rights During ICE Raids 

Understanding the following legal rights during an ICE raid is crucial for navigating the complexities of immigration enforcement. 

1. Right to remain silent

You and your employees have the constitutional right to remain silent and are not required to disclose immigration status when interacting with law enforcement. Non-citizens also have this right and may refuse to answer questions about their immigration status during a stop, unless legally required based on their visa status. 

2. Right to refuse search without probable cause

Individuals can refuse if ICE agents request to search their person or belongings, unless there is consent or probable cause. You are not required to open the door to ICE agents unless presented with a valid search or arrest warrant signed by a judge. Even if asked, workers do not have to give their IDs or papers to the agent; they can simply stay silent or ask to speak with their attorney. 

3. Right to consult an attorney when detained

Detained individuals have the right to consult with a lawyer, although the government is not obligated to provide one.  

4. Right to make a private phone call when detained

Detainees also have the right to make a private phone call, and the police cannot listen to calls made to a lawyer. Those who fear persecution upon returning to their home country should immediately inform the immigration officers and contact a lawyer. 

Your Role as the Employer 

As the employer, you have the right to deny ICE agents access to your workplace without a valid warrant. It is also advised you ensure agents do not exceed their authority. Designating a specific employee or manager to handle interactions with ICE agents can safeguard everyone's rights during a raid. 

If an agent shows a warrant with a specific employee's name on it, you do not have to confirm whether the employee is currently working, nor do you have to take the agent to the named employee. Do not assist the agent with sorting workers by native countries or immigration status. 

After a worksite raid, be sure to meticulously document the details of the incident, including the number of agents present, their names, and any witnessed threats or mistreatment. This documentation can be crucial for any potential legal proceedings or for filing complaints about misconduct related to the raid. 

Training employees on their rights is another crucial responsibility. Informing workers about their constitutional protections can help mitigate the chaos and fear that often accompany ICE raids. You should also be aware of the legal consequences of knowingly employing unauthorized workers. 

How to Handle an I-9 Audit 

When you receive notification about an I-9 audit, the law gives you 3 workdays to produce the forms. After reviewing the I-9s, ICE may inform you that some individuals are unauthorized workers. You will then have 10 days to provide legitimate work authorization for these workers; otherwise, their employment must end.  

If your workers belong to a union, their union representative must be notified about the audit. You may also need to provide copies of the audit documents and work with the union as you respond to the audit. 

Recent ICE Raids 

One of the most significant ICE raids in recent history occurred during the previous Trump administration in August 2019 at seven agricultural processing plants in Jackson, Mississippi. The operation resulted in 680 arrests, primarily affecting Latino workers. Described as the largest workplace immigration enforcement action in a decade, the immigration raids were the culmination of a year-long criminal investigation. 

Approximately 270 detainees were released on humanitarian grounds to care for their children in the aftermath of the raids. This intervention highlighted the human cost of such large-scale enforcement actions. Notably, no top executives from the companies involved were criminally charged, despite the significant disruption and human suffering caused by the raids. 

A more recent raid occurred in January 2025 in Kern County, California, when border patrol conducted unannounced raids profiling agricultural field workers. News of a border patrol raid spread quickly within the community, leading to a 75% drop in worker attendance the next day. While the number of people detained is unknown, the long-term effects of uncertainty among workers may lead to food inflation and shortages. 

Summary 

ICE raids have profound implications for businesses, immigrant communities, individuals, and the economy. Understanding the nature of these raids, the legal rights available, and the role of employers is crucial. By being informed and prepared, you can better navigate the challenges posed by immigration enforcement.  

For questions or more information, please contact your certified HR expert. Not a current Stratus HR client? Book a free consultation and our team will contact you shortly. 

Sources
nilc.org
ice.gov
justice.gov
npr.org
cmsny.org
calmatters.org