Recent headlines about heightened immigration enforcement activity — particularly across Minnesota, Illinois and Michigan — have prompted a familiar question from HR and leadership teams: Are we actually ready if ICE shows up?
For many employers, an ICE visit still feels like something that happens to “other companies.” But whether triggered by an I-9 audit, an investigation or unrelated enforcement activity, ICE visits are no longer simply a remote possibility. Waiting until agents are standing in your lobby is not the ideal time to figure out who should talk, what can be shared or where the policy lives (hint: not buried in someone’s inbox from 2019).
The good news: preparation goes a long way — and calm, informed responses reduce legal, operational and PR risk.
First Things First: Stay Calm (Really)
If ICE agents arrive, the most important initial step is to slow things down. Employers should have an internal protocol requiring the front desk, security or site manager to immediately contact HR leadership and legal counsel. It is entirely appropriate to tell agents that company policy requires notifying counsel before proceeding.
No one needs to panic. No one needs to improvise. And no one needs to “helpfully” answer questions on the fly.
Ask for Identification — and Read the Paperwork
ICE agents should be asked to present official credentials. Employers should also request and carefully review any warrant or documentation.
A key point we continue to see misunderstood:
- Administrative or deportation warrants do not authorize a workplace search.
- Only a search warrant signed by a judge can allow ICE to enter the workplace without your permission.
Absent a valid search warrant for your location, ICE is generally limited to public areas, and you can ask them to leave private property, including the lobby or reception area, at any time.
If a Search Occurs, Know the Boundaries
If agents have a valid search warrant and conduct a search:
- Call your attorney immediately.
- Designate a company representative to accompany them.
- Do not interfere, but do not consent to activity outside the scope of the warrant.
- Take notes: names of agents, time of entry, areas accessed and items seized.
- If attorney-client privileged materials are involved, state that clearly and ask that such materials be labeled as privileged.
And no — employers should never hide employees or help them leave out the back door, destroy records or provide false information. Those actions create far bigger problems than the visit itself.
Protect Employees (and Their Rights)
Employers may inform employees of their rights but should not direct them to cooperate — or not cooperate.
In general:
- Employees may choose whether they wish to speak with ICE agents.
- Employees may request an attorney.
- Employees are not required to answer any questions, including inquiries about immigration status, country of birth or how they entered the U.S.
- Employees are not required to produce documents showing nationality or citizenship.
It is also appropriate to manage workplace safety and operations, including sending non-essential employees home if possible.
I-9 Audits Are Different (and More Common Than You Think)
ICE or Homeland Security Investigations often initiate enforcement through Form I-9 audits, not raids. If an audit notice is presented:
- Direct it immediately to HR leadership and legal counsel.
- Employees should not respond independently.
- The audit process should be managed centrally and deliberately.
The Best Time to Prepare Was Yesterday. The Second-Best Time Is Now.
Given the uptick in enforcement activity across the Midwest, now is the time to:
- Review (or create) an ICE response protocol.
- Train front desk staff, managers and HR on who to call and what to do.
- Ensure I-9 records are organized and audit-ready.
- Confirm that leadership understands the difference between warrants.
Think of it like a fire drill — no one expects a fire, but you still want everyone to know where the exits are.
Final Thought
An ICE visit can be disruptive, but it does not have to be chaotic. Employers who are prepared, informed and calm are far better positioned to protect their business and their workforce — without escalating an already stressful situation. If you are not sure whether your organization is ready, or if your current “plan” lives in someone’s memory rather than on paper, now is the right time to take a closer look.
For employers that want a more structured approach, our firm offers a flat-fee Search Warrant and Subpoena Protocol package, which includes customized protocol documents and training designed to help teams respond confidently and lawfully if enforcement agents arrive. More information about that option is available here: https://www.wnj.com/updates/search-warrant-and-subpoena-protocol-forms/.
