by Ava Benach
There has been a lot of discussion about workplace “raids” since the Trump administration took over on Monday, January 20. But a lot of the information is often inaccurate and has the effect of sowing fear and panic. We hope to provide some clarity as to what sort of actions Immigration & Customs Enforcement (ICE) can engage in at a place of business.
Common ICE Enforcement Actions at Workplaces

First, the most common form of ICE enforcement against workplaces is a Form I-9 audit.
Form I-9 Audits
Form I-9 is the form required to be completed by every employee and employer when someone begins work in the United States. An employer must verify that an particular person is authorized to be employed in the U.S.. The employer satisfies this by completing form I-9 and examining the work authorization documents of the employee. The employer must keep the I-9 form, but not the documents, on file and available for inspection by ICE. ICE, however, must give an employer three days written notice of an inspection of I-9 forms. The I-9 inspection is a review of paperwork and not an effort to arrest a particular employee or employer. ICE may assess fines and penalties for employer’s who have not complied with proper I-9 procedures.
Arresting Individuals at the Workplace
Second, ICE agents may arrive to arrest someone for deportation if they believe that their target is working at the workplace. Where ICE is seeking to arrest a specific individual, they may enter the public spaces of the workplace and can seek to question people found there. Importantly, no one has an obligation to speak to ICE. These agents are likely in possession of an ICE warrant of arrest. An ICE warrant of arrest is more like an order from one ICE official to another to arrest a person. It does NOT given them any authority to enter private spaces where consent has been denied.
Workplace Raids

Third, there may be a “raid.” This is the most aggressive form of ICE enforcement and is usually a sign of an investigation into the employer. It will often involve other agencies, such as the FBI, IRS, or US Marshalls. These federal agents will likely have a warrant of search and seizure signed by a federal judge. This warrant is on a piece of paper with the name of the court and the judge and will specify with particularity the places to be searched and the people or property to be seized. This warrant does give ICE and others the ability to search the places described in the warrant even if they are in private spaces in the workplace. See our article on the difference between an administrative warrant and a judicial warrant.
Public vs. Private Spaces in the Workplace

In dealing with ICE entering a workplace, the first rule is that people should Stay Calm! Running and rushing to the exits will be seen as reason to believe that particular individuals are in the country without permission. Second, we must make a distinction between “public” and “private” spaces.
Public Spaces
While a business may be privately owned and run, those parts of the business that are readily accessible to the public, such as the dining area and bar of a restaurant, lobbies, showrooms, retail spaces, are public spaces that ICE, like anyone else, can enter without specific permission. ICE may enter these spaces without a warrant.
Private Spaces
“Private” spaces are places in worksites that are not accessible to the general public, such as the kitchen of a restaurant, the stock rooms of retail establishments, factories, or private offices. ICE may not enter these spaces without a judicial warrant or consent from the owner. It is a good idea to mark such private spaces with signage saying that it is “private” or “employees only.”
Employee and Employer Rights During an ICE Visit
Although ICE may enter public spaces in a workplace, they do not have the authority to force anyone to speak with them or produce documentation. Employees should be trained to say that they do not wish to speak to the officers and to continue their work. They are not required to say their name or place of birth or to produce identification. An employee can direct ICE to a manager. A manager does not have to say whether a particular employee is working that day. A manager does not have to bring the employee to ICE. And a manger should tell ICE that they may not enter private spaces unless they have a judicial warrant.
Handling Judicial Warrants

If ICE has a judicial warrant, the judicial warrant will specify where ICE can search and who and what they can seize. Employers should ensure that ICE is following the instructions on the warrant and not going beyond the scope of the warrant. Neither employers nor employees should interfere with the execution of a judicial warrant. Moreover, employees will best protect their rights by staying silent and asking to speak with an attorney.
After the Raid: Key Details to Communicate to a Lawyer
Communicate these details to a lawyer: how many ICE agents were there? Where there other agencies? What were they wearing and whether they were armed? Was anyone arrested and where were they taken?