Best Practices for Employers Navigating U.S. Immigration and Customs Enforcement Visits
By: Matt Miller and Hilary Holmes Rheaume
With the recent change in presidential administration, there is likely to be an increase in immigration raids conducted by U.S. Immigration and Customs Enforcement (“ICE”). The Trump administration has signaled its goal of curtailing illegal immigration and is planning to conduct large-scale raids as part of its immigration policy.
What Happened?
In a major shift, the U.S. Department of Homeland Security issued a directive on January 20, 2025 that rescinded guidelines for enforcement actions carried out by ICE and Customs and Border Protection (“CBP”) in or near “protected” areas. This means that ICE and CBP can now conduct such actions at several types of establishments that were previously off-limits, including schools, medical facilities, and places of worship.
Guidance for Employers: How to Prepare and How to Respond
With the news around these raids, many employers are wondering how to best respond in a way that protects employees and clients without running afoul of law enforcement agencies. Below are some best practices for employers on how to respond in the moment and how to prepare employees for a potential visit.
What to Do During a Visit
- Stay calm and cooperate with law enforcement officials. You should not hide or help employees or others in leaving the premises, provide false information, or dispose of documents. However, you may inform individuals of their rights to stay silent and ask for an attorney.
- Try to contact legal counsel for assistance with the process. Counsel can help guide you through the process and may be available to come to your business in person or to speak with the officers by phone.
- Review warrants carefully. As mentioned above, officers may only enter private areas of your workplace, absent consent or exigent circumstances, with a properly issued search warrant. Review the warrant carefully to ensure it is signed by a judge, states the address of your business, and is being executed during the correct time period.
- For health care facilities, ensure patient protection and confidentiality. Health care facilities should follow protocols to maintain patient safety and privacy. Keep in mind that patient health information is protected by HIPAA and be familiar with guidelines for providing it to law enforcement.
- Keep detailed records. Document the name and contact information of the agents, make copies of documents you provide to the agents, and ask for a receipt for records they take. Take photos or videos, if you are comfortable doing so. Prepare a summary of the visit after it ends.
Be Proactive: Ways to Prepare Before a Visit:
- Develop written policies. Employers should consider creating policies on how to respond during a visit from ICE. These policies may include designating an authorized person as the point of contact for handing interactions with law enforcement, how other staff should behave during the visit, and how to interact with customers, clients, or patients, depending on the nature of your business. Your policies may also designate the public and private areas of your workplace, as ICE agents cannot enter private areas without consent or a warrant, unless there are exigent circumstances.
- Train staff. Once your written policies are in place, be sure to schedule training for all staff. This will help get everyone on the same page, and may also reduce uncertainty and anxiety that some staff may be feeling.
- Review what is in plain view. Officers may look at anything that is visible from a public area. Evaluate your workplace and ensure that all confidential or proprietary information is in a private area and out of sight.
If you have questions or concerns specific to your business or industry, Bernstein Shur attorneys are here to help. Please contact Matt Miller at mmiller@bernsteinshur.com or Hilary Holmes Rheaume at hrheaume@bernsteinshur.com.