An ICE enforcement action at a workplace or a neighbor’s home can feel overwhelming and frightening, whether you are an employer managing the situation or an individual affected by it. The decisions made in the first minutes and hours can have significant legal consequences for everyone involved.
The immigration attorneys at Mandelbaum Barrett PC advise both employers and individuals on how to respond to immigration enforcement. Contacting an attorney before taking action, and knowing your rights in advance, can make a meaningful difference in how these situations are handled.
What Happens During an ICE Workplace Enforcement Action?
ICE (Immigration and Customs Enforcement) can conduct workplace inspections or enforcement operations in several different ways. An administrative inspection may involve ICE agents presenting Form I-9 audit notices and requesting employee records. A criminal search warrant permits agents to enter business premises and may result in the detention of individuals on the premises.
The scope of what ICE agents may do depends on the type of legal authority they have when they arrive. An employer who receives an administrative subpoena has different obligations than one confronted with a judicially issued warrant. According to ICE, employers are subject to civil and criminal penalties for knowingly hiring or continuing to employ individuals who are not authorized to work in the United States.
The Rights of Employees During an ICE Encounter
Regardless of immigration status, all individuals in the United States have certain constitutional protections during encounters with law enforcement, including ICE agents. Understanding these rights in advance of any encounter is important.
Individuals generally have the right to remain silent and are not required to answer questions about their immigration status, where they were born, or how they entered the country. They have the right to speak with an attorney before answering questions. If an agent does not have a judicial warrant signed by a judge, they do not have the authority to enter a private home without consent.
What Employers Should Do When ICE Arrives
Employers who receive an unannounced visit from ICE agents should remain calm and follow a set of established steps rather than acting on impulse. The most important first step is to contact legal counsel immediately.
Key steps for employers include:
- Ask to see the agents’ credentials and determine what type of legal authority they have
- Contact an attorney before producing any documents or allowing access beyond public areas
- Do not obstruct or interfere with agents carrying a valid judicial warrant
- Take notes on the names of agents, the documents presented, and the sequence of events
- Notify employees of their right to remain silent and their right to speak with counsel
Employers who respond appropriately and document the encounter carefully are in a better position to protect both their business interests and their employees.
Why Legal Counsel Is Critical from the Start
The time pressure of an ICE raid makes the instinct to act quickly understandable. But the actions taken in response to an enforcement action can affect subsequent immigration proceedings, potential employer liability, and the rights of affected individuals. Calling an attorney before making statements or producing documents is the single most protective step available.
Immigration law in this area is fact-specific and changes with enforcement priorities. An attorney familiar with ICE enforcement procedures can help distinguish between situations that require immediate compliance and those where legal objections may be available.
Contact Mandelbaum Barrett PC for Immigration Enforcement Guidance
If your business is facing an ICE audit or enforcement action, or if you want to prepare a workplace response plan before any enforcement contact occurs, the immigration attorneys at Mandelbaum Barrett PC are available to help.
Contact our team through our contact page. We advise employers and individuals throughout New Jersey and New York on immigration compliance, enforcement response, and related legal matters.