What to Do If ICE Shows Up at Your Business
No business owner wants to be caught off guard by an unannounced visit from Immigration and Customs Enforcement (ICE), but being prepared can make all the difference. A calm, informed, and legally sound response helps protect your business, your employees, and their rights. Here’s what every employer should know—and do—if ICE agents arrive at your workplace.
1. Stay Calm and Professional
The most important first step is to remain composed. Panic spreads quickly, so it’s essential to maintain a professional and steady presence.
Politely ask the agents for identification, including their names, credentials, badge numbers, and business cards.
Do not run, raise your voice, or allow employees to panic.
2. Understand the Purpose of the Visit
Ask the agents to clearly explain why they’re there.
Request to see any legal documents or warrants.
There are two primary types to look out for:Judicial warrant – Signed by a judge and marked “U.S. District Court” or a state court. Required for ICE to enter nonpublic areas or conduct a search/arrest there.
Administrative warrant – Issued by ICE (Forms I-200 or I-205), not signed by a judge. This does not grant permission to enter private areas without your consent.
3. Control Access to Private Areas
ICE can enter public areas (like a lobby or storefront) without permission, but not private or restricted areas.
Make sure private areas are clearly marked with signs like “Employees Only” or “Private.”
Keep doors closed or locked, and have a workplace policy limiting public access.
If agents attempt to enter a private area, you or a designated manager should state:
“This is a private area. You cannot enter without a judicial warrant signed by a judge. Do you have a judicial warrant?”
4. Do Not Give Consent or Provide Information
It’s critical that you don’t offer documents or verbal consent unless a judicial warrant requires it.
Do not answer questions about immigration status, employees, or clients.
Train employees to respond to ICE inquiries by saying:
“I’m not authorized to speak on behalf of the business. Please speak with my employer.”
Otherwise, they should remain silent and not offer information or access.
5. Document Everything
Keep a thorough and factual record of the encounter.
Write down agent names, badge numbers, what was said, and what actions were taken.
If safe and legal to do so, take photos or videos—without interfering with the agents’ work.
6. Contact Your Attorney Immediately
As soon as ICE arrives, notify your legal counsel or designated point of contact.
An attorney can review any warrants, clarify your obligations, and advise you in real-time.
Do not make legal decisions or assumptions without this support.
7. Protect Your Employees' Rights
Employees have the right to remain silent and request legal counsel if questioned.
You cannot tell them not to speak to ICE, but you can remind them of their rights.
Make sure your team is trained on what to do if ICE visits—including who to notify, what to say, and how to stay safe.
8. After the Visit
Once ICE has left, take time to follow up on all next steps:
Prepare a written report detailing what occurred.
Notify your attorney and share the full documentation.
If any employees were detained, find out where they were taken so legal and family support can be arranged.
Consider offering affected employees assistance—such as references, paid leave, or final paychecks—as appropriate.
Final Thought: Be Proactive, Not Reactive
With the right preparation, clear policies, and legal support, your business can respond professionally while protecting employee rights and maintaining compliance.