Preparing for ICE Enforcement Actions

1. Designate an “ICE Response Team” as primary contacts for ICE interactions

• Assign key personnel (HR, legal counsel, senior management)
• Prepare internal communication plan for ICE Response Team
• Train ICE Response Team on handling ICE interactions

2. Train employees on how to respond to ICE agents

• Remain calm and professional
• Do no attempt to run or flee
• Inform agents that the ICE Response Team must be consulted before agents proceed with their warrant, subpoena, or Notice of Inspection
• Immediately contact ICE Response Team
• Not to voluntarily communicate with agents
• Restrict unauthorized access to non-public areas unless legally required

3. Train employees on their rights

• Right to remain silent
• Right to refuse unlawful search
• Right to speak to an attorney
• Right to make a phone call
• Right to refuse to sign any documents
• Right to contact their home country's consulate

4. Post “employee only” signage on all private and non-public workspaces

5. Perform internal Form I-9 audit

6. Maintain Form I-9 files separate from personnel files

7. Prepare an incident log template to capture details of the enforcement action

• Date and time
• Location
• Type of warrant
• Parameters of the warrant
• Areas searched
• Individuals involved
• Witnesses
• Actions/documents taken
• Questions asked by agents
• Names, badge numbers, and titles of agents
• Number of agents
• The way the agents were dressed
• If the agents were armed
• If the agents made anyone believe they could not move or leave
• If the agents mistreated anyone. If so, how?

During the Enforcement Action

1. Be respectful and cooperative but assert your legal rights

2. Alert ICE Response Team once agents arrive

3. Take photos or videos of agents (if permitted by law) – without interfering with the enforcement action

4. Verify agent’s credential

• Request names, badge numbers, and agency affiliation

5. Verify relevant documentation

• Judicial Warrant
  • Signed by a state or federal judge
  • Required for agents to enter non-public areas
  • Allows access only to areas/items listed in warrant
• Administrative Warrants
  • Signed by ICE, the Department of Homeland Security, Customs and Border Patrol, or U.S. Citizenship and Immigration Services
  • Access is limited to public areas
  • Wait for counsel before producing records or employees
• Subpoena/Notice of Inspection
  • No documents should be provided to agents
  • Sign the Certificate of Service

6. Ensure agents are complying with the scope of the warrant

7. If agents attempt to seize confidential or critical business documents, request accommodation to retain or copy them

8. Ensure agents respect employee’s rights

• If agents are questioning employees, confirm whether the employee has been informed of their rights, including the right to remain silent and the right to legal representation

9. If employees are detained, record the employee’s name, the agent’s contact information, and where the employee is being taken

After the Enforcement Action

1. Review what documents or items were seized
2. Prepare an internal incident report with all relevant details
3. Provide counsel with copies of warrant, subpoena, or Notice of Inspection
4. Communicate carefully with employees, avoiding rumors
5. Support affected employees

Prohibited Actions During Enforcement Action

1. Do NOT consent to search without a judicial warrant

2. Do NOT give access to private areas beyond scope of warrant

3. Do NOT sign anything without legal counsel’s consent

4. Do NOT provide oral/written statements beyond acknowledging receipt of documents

5. Do NOT volunteer, speculate, or provide false information to agents

6. Do NOT hide employees or assist in their departure

7. Do NOT attempt to conceal, lie, or mislead the agents

8. Do NOT interfere with actions of agents

For legal questions, contact Bradley Lohsl | 312.696.2040 | bslohsl@gct.law