Workplace Raids: What Employers Should Know
By Kelly A. Hayden, JD, Chief Legal Counsel
Published January 22, 2025
As Chicago was one of the cities cited when President Trump indicated he would target certain cities and states for immigration raids, employers should be aware of the process that can be used to carry out the President’s objectives, particularly those employers in manufacturing, food processing, construction, and hospitality, where government enforcement actions are typically focused.
One type of visit from Homeland Security (HS) is to conduct an audit of I-9s. In this case, HS will serve you with a Notice of Inspection/Subpoena for Documents for I-9s. Other documents may also be requested, such as supporting documents (if the employer kept copies), payroll and tax records, lists of employees with hire and termination dates, and any no-match letters the employer received. The employer typically has three business days to comply with the request. Employers should use this time to 1) consult with legal counsel, 2) review the documents being turned over, and 3) create copies and then obtain receipts for the documents that are removed. Employers in Illinois who voluntarily participate in E-Verify are reminded that Illinois law requires notice to employees of an inspection of I-9 documents.
Sometimes, based on the result of an audit (or even when an audit has not previously been conducted), Immigration and Customs Enforcement (ICE) might conduct a raid. A raid can be upsetting to both the employer and employees, as ICE agents may surround the building and carry weapons. What can an employer do during a raid? Here are some pointers:
Coach your receptionist/greeter. The person at the point of entry in your office (a receptionist or administrative team member) should be instructed to greet the agents in a friendly and calm tone of voice but should not permit them into private areas of the organization. This team member should explain that they do not have authority to respond to any questions or grant access but will immediately contact someone who does. This team member should know whom to contact and should stick to this “script” even if ICE is aggressive or begins to show warrants or other documents.
Review what ICE shows you. Once the designated person arrives, ICE should be escorted to an area where their documents can be reviewed. This step is important because there is a difference between a judicial warrant/subpoena, with which you must comply, and an administrative warrant/subpoena, which may be challenged by your counsel. If you aren’t sure what the document is, call your legal counsel. (You should do this the moment you hear ICE has arrived.) Tell ICE you will cooperate, but that you would like to make copies of the documents and call your attorney.
Understand the limits of warrants. Your attorney can help with these as well, but if ICE has an arrest warrant, the warrant must describe who ICE is looking for and the locations ICE can enter to find the individual. It does not allow ICE to meander through all private areas of your organization to find the employee. If ICE has a search warrant, the same is true. ICE agents should only be in the areas authorized by the warrant. A management-level employee should always accompany ICE throughout their time on the employer’s property. While ICE can always be in areas open to the public (lobbies, dining areas in restaurants, patron access areas in libraries, etc.), entry into private areas requires a search warrant. If an administrative warrant is produced, (which usually has an employee or employees’ names on it), you are not required to produce the employee or even answer any questions regarding the employee.
Do not try to hide or remove employees from the premises. It’s common for employers to be concerned for employees who have worked for them for years and/or feel like family, but trying to interfere with the raid in this way will not help the employee or the organization in the long run. It is best for the employer to indicate they will cooperate, but that they have legal counsel and will respond to questions through counsel.
An ICE raid can be stressful for all involved. If you think that you could be the target of a raid, it is best to prepare your employees ahead of time. Having a plan of action can help reduce the stress and anxiety that can accompany this type of event. Stay calm, read the documents ICE produces, contact legal counsel, and make sure everyone understands their roles. These steps can help the event to go as smoothly as possible.
HR Source members with questions about ICE should contact us through the HR Hotline Online at 800-448-4584.