Interacting with ICE & Law Enforcement: Service Providers (EN/ES)

Businesses are most likely to encounter ICE in two main ways: I-9 Audit and ICE Raid.  

1. ICE Raids: ICE raids are unannounced investigations at workplaces during which ICE agents may attempt to enter the business, stop, question, and possibly detain employees. Although ICE raids may target a specific person, agents may attempt to question and detain others during the raid. 
2. I-9 Audits: ICE conducts these audits to ensure businesses comply with I-9 form requirements, which verify a worker’s identity and authorization to work in the U.S. Employers must properly complete and retain these forms for all employees. 

If ICE comes to your business, it is important to know the difference between public and private spaces. 

• Public Spaces: ICE can enter public spaces of businesses without permission. These are areas such as parking lots, waiting rooms, lobbies, or a dining room in a restaurant. However, ICE does not have the right to stop, question, or arrest people simply because they are in public areas.  
  • ICE agents can inspect anything in plain view. For example, papers or files that are visible in the public area(s). However, ICE agents cannot move an object to uncover something without a warrant.  
  • This principle also applies to “plain hearing”. Anything ICE agents overhear while in a public area — even if intended to be private — is considered plain view.  
• Private Spaces: ICE cannot enter a private space without consent or a valid judicial warrant. The warrant must be signed by a judge.ICE may try to present an administrative warrant. Administrative warrants will say “Department of Homeland Security” and are typically either Form I-200 or Form I-205.
• Administrative warrants DO NOT give ICE the right to search private areas without consent. 

ICE Raids

Prepare for a Raid 

• Designate a Point Person: Appoint one or more individuals to be the designated contact for ICE. Staff should direct ICE agents to this person and then refuse to answer any further questions. 
  • This designated contact should be well-versed in legal rights, including determining the validity of a judicial warrant.  
• Train Staff on Their Rights: Ensure staff understand that they are not required to give ICE agents consent to enter the business.
  • Staff who encounter ICE agents should say: “I cannot give you permission to enter the building, you have to talk to my employer.” 
  • Employees do not have to answer questions. They should say: “I am exercising my right to remain silent and wish to talk to a lawyer.”  
• Designate Public vs. Private Spaces: Put up signs that identify areas as “private”, keep doors locked and closed, and consider implementing a policy that prohibits visitors and the public from entering private areas without permission.  
• Practice: Conduct regular drills so staff know are familiar with how to respond confidently and effectively should ICE conduct a raid.  

During a Raid  

• Stay calm, do not run or resist.  
• Any employee or customer who is stopped or questioned by ICE agents should say: “I am exercising my right to remain silent and wish to talk to a lawyer.” 
• If ICE presents an administrative warrant for a specific employee, other employees are NOT required to: 
  • Confirm whether that employee is working that day. 
  • Escort ICE to the employee if they are present. 
• All individuals present should ensure ICE agents are complying with warrants (if they have one).  
• Employees and customers have the right to record and take pictures of ICE agents and other law enforcement.

After a Raid

After an ICE raid, it is important to document what happened. If anyone is injured, seek medical attention immediately. Be sure to document injuries and request copies of your medical report. In addition to injury-related details, record key information such as: 

• How many agents were involved (both inside and outside of the business)?  
• How were the agents dressed? 
• Did agents mistreat anyone? If so, how?  
• Did agents present a valid judicial warrant?  
• Where did the agents search and did they comply with the valid warrant?  

If employees are part of a union, notify the union immediately. If employees were detained by ICE, be sure to record who was taken and inform their family.  

I-9 Audit Process

Before the Audit  

• If you have been informed that ICE will be conducting an audit, talk to an immigration lawyer in advance of the audit.  
• Inform your lawyer, employees, and workers’ union about the upcoming audit.  
• Ensure all employees know they their rights. Employees have the right to remain silent and that they should not talk to any ICE agents or sign any documents

During the Audit

• Once you have been informed about an impending ICE audit, you will have 3 days to present the required documents. DO NOT present documents early.  
• Do not allow ICE agents to arrest anybody. 
• If ICE agents find employees who are not eligible to work, you will have 10 days to submit valid documentation for those employees. 
  • If you are not able to present valid documentation, you will have to end their employment. 
• You must inform any employee identified by ICE in writing within 72 hours of the audit. 
• You can ask ICE for more time to provide those documents, allowing impacted employees time to consult an immigration lawyer.

After an encounter with ICE, support employees by:  

• Allowing impacted employees time off if needed to gather necessary documents;  
• Paying owed wages and benefits promptly;  
• Providing separation pay to employees who aren’t able to return to work; 
• Donating to (or creating) an immigration legal fund; and 
• Providing a reference to employees to use for future employment.

• The Health Insurance Portability and Accountability Act (HIPAA) generally prohibits the use or disclosure of personal health information without a patient's consent.
   
• Healthcare providers must refuse to disclose a patient's personal information to ICE or law enforcement agents unless they present a valid warrant for that information.
   
• Everyone (providers, staff, patients) has the right to remain silent, regardless of if they are in a public or private space.  
   
• Here are actions you could take to protect your patients’ rights:  
  • Create a written policy stating which areas are public and which areas are private.
  • Avoid collecting personal information related to a patient's immigration status when possible.
    • If you need to collect it, DO NOT put that information on billing or medical records.
  • Put up visible posters outlining people’s rights when encountering ICE or other law enforcement throughout the building.