When immigration enforcement activity increases, employers across New Jersey and New York face urgent questions about how to respond — and how to protect both their business and their workforce. An ICE workplace raid is a high-stakes situation that unfolds quickly, and the decisions employers make in the moment can have significant legal consequences. Understanding the difference between what federal agents can legally demand and what employees can lawfully decline is critical information that every employer and HR professional should have before they ever need it.
Mandelbaum Barrett PC’s labor and employment and immigration law teams regularly advise employers on their rights and obligations in the event of an ICE workplace inspection or enforcement action. In this video, our attorneys walk through the key principles that apply when federal immigration authorities arrive at a worksite — including the constitutional rights that employees retain during an enforcement encounter. The firm’s labor and employment law team helps employers develop workplace policies and response protocols that reduce legal exposure and ensure that both the business and its employees are treated lawfully during an enforcement action.
What Employers Need to Know About ICE Workplace Enforcement
Federal law gives ICE agents the authority to conduct worksite enforcement operations, but that authority has limits. Agents may enter areas of a workplace that are open to the public, but they generally need either employer consent or a judicial warrant to access non-public areas. Employers should be aware that a civil immigration warrant is not the same as a judicial warrant signed by a judge — and the distinction matters for how an employer must respond when agents arrive at the worksite.
Employees, regardless of immigration status, retain certain constitutional rights during an enforcement encounter. These include the right to remain silent, the right not to consent to a search without a warrant, and the right to speak with an attorney. Employers who have reviewed their legal obligations in advance and trained their supervisors appropriately are far better positioned to handle these situations without inadvertently waiving rights or creating additional legal exposure for the business. Key steps employers should take in preparation include:
- Designating a point person — typically in-house counsel or HR leadership — to communicate with agents when they arrive
- Training supervisors not to consent to searches without first consulting counsel
- Maintaining complete and accurate I-9 documentation for all employees
- Establishing a clear communication protocol for notifying legal counsel immediately upon an agent’s arrival
Employers who prepare these protocols before an enforcement action occurs are far less likely to face avoidable legal consequences in the aftermath.
According to the U.S. Citizenship and Immigration Services, employers are required to maintain accurate I-9 forms for all employees and are subject to civil and criminal penalties for violations of immigration employment verification requirements. Proactive compliance and legal preparedness are the most effective tools available to employers facing heightened immigration enforcement.
Contact Mandelbaum Barrett PC for Labor and Employment and Immigration Guidance
If your business needs help developing an ICE response protocol or reviewing your I-9 compliance practices, the labor and employment team at Mandelbaum Barrett PC can help.
Reach out through our contact page to speak with our team. We are here to help employers protect their businesses and their workforces during immigration enforcement activity.