How can employers prepare for a potential workplace visit by Immigration and Customs Enforcement?

How can employers prepare for a potential workplace visit by Immigration and Customs Enforcement (ICE)?

Even without advance notice, employers can take meaningful steps now to be ready for a potential ICE workplace visit.

The primary goals for employers are safety and consistency, not panic. While the circumstances may vary, thoughtful preparation can help employers respond calmly, consistently, and lawfully.

So, what can an employer do to prepare? There are a few key considerations.

First, employers would be well-served to develop a detailed plan of action for the different scenarios that may arise.

That means establishing company policy—ideally in consultation with immigration counsel and any in house counsel—and making key decisions before an enforcement encounter occurs, rather than under pressure in the heat of the moment.

The key is to assemble a Crisis Management Team and implement them into your escalation protocol.

As part of that planning, it is important for employers to understand the limits of their discretion.

When agents present a valid judicial warrant, employers do not have discretion to refuse entry into the non public areas identified in the warrant and must allow access within its scope.

Absent a judicial warrant, agents generally lack legal authority to access non public areas.

In those situations, an employer should decide in advance whether—and under what circumstances—it would consent to entry into certain non public areas or to other requested activity.

Second, once a plan is in place, employers need to communicate it clearly to the individuals who need to know it.

Employees should understand the chain of command and whom to contact if agents appear at a facility. Clear internal escalation protocols help ensure that questions and requests are routed appropriately.

Third, employers should prepare front line employees, such as reception staff or security personnel, who are likely to have the first interaction with agents.

They need to know their immediate action items, which typically include remaining calm and professional and asking agents to wait in a public area while a supervisor or manager is contacted.

Finally, safety should always come first. Employers should avoid confrontation or physical interference, maintain a calm workplace environment, and focus on the well being of everyone involved.

Here at Littler, our Immigration and Global Mobility Practice Group is here to help you develop a thoughtful, legally sound plan of action.