When it comes to ICE enforcement, employers must understand their rights and responsibilities—especially when agents enter public areas of a business. In our recent webinar, Frank Custode, Partner in the firm’s Labor and Employment and Litigation Practice Group, broke down what ICE agents can and cannot do during a raid and how employers should respond.
ICE agents can enter public areas of a business without permission, these public areas including lobbies, waiting rooms, and any space accessible to customers. However, employees in these areas are not required to speak with ICE agents.
If ICE wants to enter non-public areas, they must have a valid judicial warrant. This means employers should be prepared by knowing where their business records are stored. ICE agents with a warrant will likely request payroll records, I-9 forms, and other employee identification documents. Employers should only provide access to the specific documents listed in the warrant.
One important best practice is to educate employees about their rights and the proper way to handle interactions with ICE agents. They should be aware that they are not required to answer questions and should promptly refer ICE agents to management or legal counsel.
By understanding these guidelines, employers can better navigate ICE raids and safeguard their operations.
Watch the full webinar to learn more from Frank Custode.