Be prepared for ICE: What to do when ICE visits your workplace

Immigration and Customs Enforcement (ICE) is now the highest-funded law enforcement agency in the U.S. government. With the increased funding, the Trump administration has more than doubled the number of ICE officers and agents. As a result, ICE raids and I-9 audits are increasing in frequency.

ICE raids and I-9 audits often cause anxiety and tension and can also result in chaos and hostilities. Unfortunately, most employers don’t have procedures in place to help managers and other employees navigate an encounter with ICE. By developing an ICE protocol, employers can reduce the impact of an ICE raid or an I-9 audit on their employees, customers, and operations.

First steps

The first step of a successful ICE protocol is identifying an individual who should be contacted immediately if ICE appears at your place of business. To the extent possible, this individual should be the one interacting with ICE on behalf of the company unless and until the company obtains legal counsel.

The next step is to train employees on the differences related to an ICE raid and an I-9 audit. At an ICE raid, ICE agents will visit an employer unannounced to possibly question, detain, or arrest a specific individual or certain individuals. For an I-9 audit, ICE issues a notice of inspection (NOI) for I-9 documents.