If Immigration and Customs Enforcement (ICE) or other federal agents show up at your workplace, it's crucial to understand what steps you can take to manage the situation appropriately. Every business should have a plan in place to ensure employees know what to do — and just as importantly, what not to do. Taking the right steps can minimize disruption and reduce potential risks.
Before implementing any new procedures, we recommend consulting with your leadership team to compare this guidance with your existing policies. While these suggestions are designed to help you navigate the situation calmly and professionally, deviating from best practices can inadvertently create a more difficult experience.
Step 1: Know Who May Show Up
Federal agents who may visit your workplace include:
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ICE (Immigration and Customs Enforcement)
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Department of Homeland Security (DHS)
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Federal agents with badges, such as local law enforcement working in tandem with federal authorities
Being able to identify these authorities ensures your team can respond appropriately.
Step 2: Establish Clear Communication Protocols
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Designate a Point of Contact – Ensure employees know who they should notify immediately if an agent arrives. This could be your HR leader, general manager, or designated compliance officer.
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Limit External Communication – If media representatives arrive alongside agents, avoid engaging with them directly. Refer all media inquiries to your designated spokesperson.
Step 3: Understand Agents' Rights and Limitations
Federal agents are permitted to enter public areas of your workplace without a warrant. However, for entry into non-public spaces — such as employee-only areas, offices, or storage rooms — they must present a valid warrant.
Step 4: Actions to Avoid
Certain actions may escalate the situation or result in legal consequences. Avoid the following:
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Obstructing the search – Blocking access or intentionally delaying agents can have serious repercussions.
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Engaging in debates or arguments – Stay calm and professional to avoid unnecessary tension.
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Directing employees to refuse to speak – While employees have the right to remain silent, you should not actively instruct them to do so.
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Hiding employees or assisting with their departure – This can create significant legal risks.
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Providing false or misleading information – Honesty and transparency are critical.
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Destroying or shredding documents – This may be seen as an attempt to conceal evidence.
Step 5: What You Can Do
While remaining cooperative, you still have rights as an employer. These actions are recommended to ensure you manage the situation effectively:
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Contact your designated internal contact immediately – Your HR leader or general manager should be notified right away.
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Assign a company representative to accompany the agents – This person can take notes, ask questions, and ensure the situation proceeds in a calm and controlled manner.
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If agents begin seizing documents, request copies be made first – While they are not obligated to comply, making this request is within your rights.
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Request an inventory of seized items – Agents are required to provide a list of what they have taken. Ensuring you receive this documentation will help you maintain accurate records.
Step 6: Create a Plan Before an Incident Occurs
Proactive planning can help your team remain calm under pressure. Consider the following steps to prepare:
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Conduct staff training to ensure employees know who to contact if ICE or other agents arrive.
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Draft internal policies that align with best practices to minimize confusion during an unexpected visit.
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Designate a company spokesperson to handle media inquiries.
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Consult legal counsel to ensure your policies align with current laws and regulations.
Final Thought
While ICE visits are rare, preparing your team in advance will help mitigate risks and ensure everyone knows how to respond calmly and effectively. By consulting your leadership team and reviewing existing policies, you can tailor these guidelines to fit your organization's unique needs.
For additional guidance on workplace compliance or to speak with one of our HR Advisors, contact us today.
