Recent Developments in ICE Raids
On January 26, ICE reported 956 arrests, but an NBC News investigation revealed that nearly 1,200 individuals were actually arrested, with only 613 (52%) categorized as "criminal arrests." The rest were mainly nonviolent offenders or individuals arrested solely for being undocumented, a civil offense rather than a criminal one. Arrests continued to rise the next day, with ICE making 1,179 arrests and lodging 853 detainers on January 27.
Two days later, on January 28, 2025, ICE launched a high-profile operation in New York City, leading to 39 arrests. These individuals had criminal backgrounds linked to gang activity, drug trafficking, and violent crimes. This operation marked a notable shift in ICE's approach, as officers, who typically target undocumented immigrants with criminal records at their homes or workplaces, teamed up with officers from multiple federal agencies. This large-scale collaboration was part of President Trump's intensified immigration crackdown, making it the first major show of force by ICE in New York since his return to office.
In response to the growing number of ICE enforcement actions, we have prepared a "Responding to an ICE Enforcement Action: Employer Protocol" for business owners. This guide provides practical steps to help employers navigate the complexities of immigration enforcement and ensure compliance with all legal requirements while protecting the rights of their employees.
Immediate Steps When ICE Arrives
Notify Key Personnel: The first employee to encounter ICE agents—often a receptionist, host, or security staff—should immediately inform the company's designated representative. This individual should promptly contact legal counsel.
Engage with ICE Agents Professionally: The designated representative should request identification from all agents, noting their names and badge numbers.
Request and Review a Warrant:
If ICE presents a warrant, carefully examine it to confirm it is signed by a judge, specifies the areas authorized for search, and lists the documents or items subject to seizure (e.g., payroll records, I-9 forms, employee IDs).
Request a copy of the warrant and send it to legal counsel for review.
If no warrant is provided, ICE agents may only access publicly accessible areas (e.g., the front lobby or dining area) and cannot search private spaces without explicit consent.
Guidelines for Managing the Search
Do Not Consent to a Search: While a valid warrant must be honored, it is within your rights to state that your business does not consent to the search, which preserves legal options for challenging it later.
Ensure ICE Stays Within Legal Boundaries: Officers must not exceed the scope of their warrant. If they attempt to search unauthorized areas, politely voice an objection but do not physically intervene.
Monitor and Document the Process: The company representative should track all agent activities, take notes, and record video if possible. If items are taken, request a detailed inventory and ask whether copies can be made before removal.
Handle Company Equipment Carefully: If ICE seeks to seize computers or digital records, inquire whether they can make forensic copies rather than taking the devices, especially if their removal would disrupt business operations.
Employee Interactions with ICE
Employees are not obligated to answer questions and may decline to speak with ICE. However, management should not direct employees to refuse cooperation.
The company is not required to provide ICE with information about employees' immigration status, citizenship, or specific identities.
If employees have urgent personal concerns (such as medical needs or family responsibilities), notify ICE agents and request accommodations.
Post-Raid Actions
Secure a Record of the Event: Immediately document all key details, including the number of agents present, their names, requests made, and any company property seized.
Consult Legal Counsel: After the enforcement action concludes, seek legal advice to evaluate potential next steps and determine if any legal challenges should be pursued.
What to Do if an Employee is Arrested During an ICE Enforcement Action
If an employee is arrested during an ICE enforcement action, it is crucial to remain calm and avoid any confrontation with law enforcement officers. The employee has the right to remain silent and immediately contact an immigration attorney to ensure their legal rights are safeguarded.
In certain cases, the employee may be eligible for bail. A bond request can be submitted by their attorney to ICE or an immigration court, which may allow the individual to be temporarily released under specific conditions while awaiting further legal proceedings.
Strengthening Your Business Against Compliance Risks
Beyond preparing for potential ICE raids, employers should also ensure their company's employment compliance documents—such as I-9 forms, salary wage records, employee identification documents, and other related paperwork—are in order. Contact us today to review your company's compliance and make sure your business is protected.
Kommentare