May 2026 Volume 8

OPERATIONS & MANAGEMENT

ICE INTERACTION GUIDANCE By Alan Rothenbuecher and Alyson Waite

U nited States Immigration and Customs Enforcement (“ICE”) interacts with employers through the issuance of warrants and unannounced raids. There are two types of warrants ICE uses to interact with employers, administrative and judicial warrants. Administrative warrants are issued by an agent while judicial warrants are issued by a judge. An administrative warrant is a formal written document authorizing an ICE agent to make an arrest or seizure. Administrative warrants do not require employers to immediately turn over any documents. They also do not require employers to locate employees and bring them to meet ICE or immediately provide employee personal identifying information (such as home address). Once an administrative warrant is issued, it is important that you immediately contact human resources or legal to manage the company’s inspection response. Carefully review the document and do not sign anything. Under an administrative warrant, you have three business days to produce documents. Do not destroy or alter any documents. ICE also interacts with employers through judicial warrants. A judicial warrant is signed by a judge. It describes the place to be searched and the persons or things to be seized. The warrant must be executed within fourteen days of issuance. Since ICE can only search the areas listed on the warrant, check that the document lists the correct date and address. Typically, the warrants are limited to a specific floor or office of an employer’s premise. You are not required to give ICE access to additional private areas not listed on the warrant. Keep in mind, agents can only arrest the people identified in the warrant unless they have probable cause to arrest others not in the warrant. Agents can try to initiate contact with other workers. However, workers not listed on the warrant are not required to respond. Finally, ICE interacts with employers through raids. A raid is an enforcement action by the Department of Homeland Security (“DHS”). In a raid ICE’s goal is to (1) investigate the employer and (2) locate, arrest, and detain workers suspected of violating immigration laws on the employer’s premises. Raids occur when ICE has probable cause to believe immigration violations are taking place. They are also used to deter employers from hiring and continuing to employ unauthorized persons. Raids can be extremely disruptive to your business operations. The following steps can help you successfully navigate any interaction with ICE. Step 1: Stay calm and immediately tell the agent that you need to contact human resources or your attorney. Then proceed to contact your designated response lead. Do not speak to the agent without a witness. Step 2: Ask for the name, title, badge number and contact information of the agent. Take note of this information by writing it down, asking for a business card, or copying the agent’s badge. Step 3: Carefully read the document the agent presents. Ask for additional time to review the document and make a copy of it.

Step 4: Do not grant agents access to non-public areas. Further limit their access to the premises listed in the warrant. Do not allow ICE agents to roam your premises. If an agent requests access to a confidential area, try to direct them to less sensitive sections. If they insist, remind them that photography is not allowed in restricted areas. In general, if you are unsure about any information, say so. It is better to state that you must verify the details before answering. Keep your responses focused. Do not volunteer extra information. Preparation before an ICE interaction occurs is key. Connect with counsel to develop a response plan. The response plan should identify an internal response team to be notified by employees when ICE shows up on the premises as well as contact information for outside counsel. Post appropriate signage. ICE cannot enter private areas of your business without your consent or a judicial warrant. To show that an area is private, mark these areas with a “Private” sign. Keep doors to private areas closed and locked. Train your employees. Share the response plan and provide employees with sample dialog to use when speaking with ICE agents. Explain to employees that they have the right to remain silent. This means that employees do not have to answer questions about their immigration status, their country of origin, how they entered the United States, or how long they have been here. Employees should also be notified that they are not required to separate themselves based on their country of origin or immigration status at the request of an agent during a raid. Maintain appropriate documentation. Retain all employee Forms I-9, E-Verify results, audit trails, and copies of supporting documentation (including terminated employees that fall within the Form I-9 retention schedule) in a locked filing cabinet. Do not keep Form I-9 documents in public areas. I-9s should be separate from personnel records. ICE interactions can be disruptive and stressful on your business operations. However, proper preparation and training can ease tensions when navigating these difficult situations.

Alan Rothenbuecher Benesch Friedlander Coplan & Aronoff LLP

Alyson Waite Benesch Friedlander Coplan & Aronoff LLP

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