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 names, credentials, badge numbers, and business cards.
Do not run, raise your voice, or allow employees to panic.
Stay respectful and avoid confrontation.
2. Contact Your Attorney Immediately
As soon as ICE arrives, notify your legal counsel and 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.
3. Designate a Point Person Ahead of Time
Every employer should have a designated representative - ideally someone in HR, legal, or management - who is trained to handle ICE visits. This person should:
Be reachable during business hours.
Know the company’s response protocol.
Be the only person to engage directly with ICE agents.
4. Understand the Purpose of the Visit
Ask the agents to clearly explain why they’re there and ask to see legal documents or warrants.
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, conduct a search/arrest there, or seize property.
Administrative warrant – Issued by ICE (Forms I-200 or I-205), not signed by a judge. This does not grant ICE permission to enter private areas without your consent.
5. Control Access to Private Areas
ICE can enter public areas (like a lobby or storefront) without permission, but not private or employee-only areas.
Post clear signage like “Private – Employees Only.”
Keep doors closed or locked when appropriate.
If agents attempt to enter a restricted area, calmly say:
“This is a private area. You cannot enter without a judicial warrant signed by a judge. Do you have a judicial warrant?”
If they do not, you are not required to let them in.
6. Do Not Give Consent or Provide Information Voluntarily
It’s critical that you don’t offer documents or verbal consent unless a judicial warrant requires it.
Do not answer questions or provide documents regarding immigration status, employees, or clients.
Do not sign anything without consulting legal counsel first.
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.
7. Document Everything
Accurate documentation can protect your business.
Write down agent names, badge numbers, what they said, and what they did.
Request copies of any documents shown to you, including warrants or subpoenas.
If ICE removes items, ask for a list and copies before they are taken.
If safe and legal, take photos or video (without interfering).
Record the number of agents and their stated reason for being there.
8. Protect Your Employees' Rights
Employees have important rights that should be upheld:
They have the right to remain silent and request an attorney before answering questions.
You can’t prohibit them from speaking to ICE, but you can remind them of their rights.
Make sure your team is trained on how to respond, including who to notify and what to say.
9. After the Visit
Once ICE has left, take time to follow up on all next steps:
Prepare a written report detailing what occurred.
Share the full documentation with your attorney.
If any employees were detained, find out where they were taken and help coordinate legal and family support.
Consider offering affected employees final paychecks, paid leave, or job references as appropriate.
Final Thought: Be Proactive, Not Reactive
Having a clear response plan - and a trained team - can help you manage an ICE visit. If you haven’t already, consult with legal counsel to build a proactive plan that protects your business and your employees. A little preparation now can go a long way later.