What You Need to Know
Immigration and Customs Enforcement (ICE) has increased its focus on employer compliance with federal immigration laws, making it essential for businesses to proactively prepare for potential workplace enforcement actions. These actions may include unannounced workplace raids, I-9 audits, and targeted searches for specific individuals. These types of enforcement can cause significant business disruptions and legal exposure if not handled properly.
Why It’s Important
ICE enforcement actions can result in substantial fines, business interruptions, and potential legal liabilities for employers. Understanding your rights and responsibilities, as well as having a structured response plan, is critical to minimizing risks and ensuring business continuity. Employers must be prepared to respond appropriately to warrants, protect employee rights, and maintain compliance with all documentation requirements.
What You Need to Do
1. Establish a Written ICE Rapid Response Policy:
- Work with legal counsel to create a structured plan for responding to ICE actions.
- Designate a trained response team, including front desk staff, legal counsel, and company leadership.
2. Understand Warrant Types and Access Rights:
- Judicial warrants grant ICE access to nonpublic areas; administrative warrants do not.
- Always request to see the warrant and verify its scope before granting access.
- Assign a company representative to accompany ICE agents and document all actions.
3. Prepare for I-9 Audits:
- Ensure all Forms I-9 and supporting documents are accurate and readily accessible.
- Employers are entitled to a three-business-day period to produce requested documentation in the event of an I-9 audit.
4. Communicate Employee Rights:
- Employees encountering ICE agents in public areas have the right to remain silent and request legal representation. Employers must not obstruct ICE actions, as this may result in penalties.
5. Implement Proactive Compliance Measures:
- Conduct internal I-9 audits with legal oversight to identify and correct discrepancies.
- Update company policies and provide HR training on I-9 requirements.
- Consider enrolling in E-Verify, especially in states where it is mandatory.
- Prepare a contingency staffing plan to ensure business continuity in the event of employee detentions.
By following these steps, employers can reduce legal risks, protect their legal workforce, and ensure compliance with federal immigration laws. Gunster’s Labor & Employment and Immigration teams are available to help you maintain operational readiness.
The information in this article can also be viewed in an article published by HR Dive.
YES! PLEASE SIGN ME UP TO RECEIVE EMAIL ALERTS FROM OTHER GUNSTER PRACTICE AREAS.
This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
About Gunster
Gunster, Florida’s law firm for business, provides full-service legal counsel to leading organizations and individuals from its 13 offices statewide. Established in 1925, the firm has expanded, diversified and evolved, but always with a singular focus: Florida and its clients’ stake in it. A magnet for business-savvy attorneys who embrace collaboration for the greatest advantage of clients, Gunster’s growth has not been at the expense of personalized service but because of it. The firm serves clients from its offices in Boca Raton, Coral Gables, Fort Lauderdale, Jacksonville, Miami, Naples, Orlando, Palm Beach, Stuart, Tallahassee, Tampa, Vero Beach, and its headquarters in West Palm Beach. With more than 320 attorneys and consultants, and 300 committed support staff, Gunster is ranked among the top 200 largest law firms by the National Law Journal and has been recognized as one of the Top 100 Diverse Law Firms by Law360. More information about its practices, industries, offices and news is available at www.gunster.com.
