As employment attorneys, we are often asked by business owners about how to comply with state and federal regulations, and we advise on, among other things, the rights of employees. In the current, highly publicized movement of ICE agents into Minnesota, business clients want to know what to do and what legal protections they can invoke to comply with the law should ICE come knocking. Whether the encounter involves a Form I-9 audit, an unannounced agency visit, or an enforcement action commonly described as a “raid,” proactive preparation and measured responses are essential to protect your business, your workforce, and your legal obligations.
In this article, we will describe the types of ICE actions, how to prepare, step-by-step best practices, and actions to take after the encounter.
Understanding the Type of ICE Actions
ICE may come to a workplace for different reasons, each with distinct legal implications:
Form I-9 Audit:
Federal law requires employers to verify employment eligibility using Form I-9 for every employee. ICE may schedule an audit to determine whether your business properly completed and retained these forms. During a Form I-9 audit, ICE will request specified documents and give you three business days to produce them.
Enforcement Visit/Raid:
In an enforcement visit, ICE agents arrive unannounced seeking to identify, question, detain, or arrest individuals based on immigration status. These actions may involve examining work sites, questioning employees, and reviewing documents.
Preparation is Key
Before any potential ICE visit, employers should take deliberate steps to prepare:
Develop a Written Response Plan
- Designate a response team with clear roles and responsibilities.
- Plan how your business will verify warrant legitimacy, document events, communicate internally, and engage counsel.
- Conduct periodic drills to practice the response.
- Consult immigration counsel to tailor a plan appropriate for your workforce and industry.
Train Staff on Rights and Protocols
- Train all employees to not engage with ICE agents, to not provide consent for entry into non-public areas, and to defer all requests to designated management or counsel.
- Provide “Know Your Rights” resources to employees so they understand their rights to remain silent and to speak with counsel.
- Ensure employees understand that only specified management personnel should handle interactions with enforcement agents.
Maintain Accurate Employment Records
- Keep Form I-9 records organized and compliant with retention requirements (three years after hiring or one year after termination, whichever is later).
- Do not retain copies of employees’ identification or immigration documents unless required by law.
When ICE Arrives: Step-by-Step Best Practices
If ICE Agents come to your business:
Verify Identification and Authority
- Ask for agency identification.
- If ICE seeks to enter non-public areas (offices, back rooms, storage areas), require a judicial warrant signed by a judge. Administrative warrants (Forms I-200/I-205) do not authorize entry into private business areas without consent.
- Request a copy of the warrant and review it carefully.
Assert Legal Boundaries Firmly but Calmly
- Communicate that private areas are off limits absent a judicial warrant.
- Decline consent to search based on administrative documents.
- For public areas (lobby, reception, dining room), recognize that ICE may be physically present, but this does not confer authority to stop, question, or detain just anyone without legal cause.
Do Not Obstruct Agents, But Protect Rights
- Do not physically interfere with agents, hide employees, or provide misleading information; such conduct could violate law.
- You and your employees do not have to answer questions about immigration status, country of birth, or how a person entered the United States. Employees have rights to remain silent and to consult counsel.
Document the Encounter
- Log the number of agents, their identifying information, how they were dressed, if they were armed and what weapons they carried, what areas were accessed, what documents were requested or removed, and any interactions observed.
- Retain internal surveillance footage if available.
- Detailed documentation supports later legal review or response if rights violations are suspected.
After the Encounter
Assess Operational and Legal Impacts
- Determine whether any employees were detained or removed.
- Check compliance impacts on payroll, staffing, and client service levels.
- Evaluate any potential liability arising from the visit.
Communicate with Legal and Community Resources
- Debrief with counsel to assess possible legal challenges, complaints about agent conduct, or remedial planning.
- Share experiences with business associations, legal aid networks, and immigrant advocacy groups for broader support.
Support Affected Employees
- Pay owed wages and benefits.
- Provide leave or transition support for employees with disrupted status.
- Remain compliant with employment laws even when immigration enforcement creates staffing challenges.
Compliance Does Not End with Enforcement Actions
Preparation for ICE visits also involves ongoing compliance with federal immigration requirements:
- Conduct internal audits of Form I-9 compliance.
- Review internal policies to ensure they align with evolving immigration and labor law.
- Consult immigration counsel before modifying hiring practices or responding to government requests for information.
For Minnesota employers, an encounter with ICE is a multi-layered legal event implicating immigration law, labor and employment obligations, and constitutional protections. Preparation—through planning, training, legal consultation, and clear internal protocols—will not only protect your business but also provide a foundation for respecting the rights of your workforce. The National Immigration Law Center’s employer guidance provides an authoritative starting point, but tailored legal advice remains essential for specific cases.
Resources: National Immigration Law Center; American Immigration Lawyers Association