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ICE at the Workplace: A Toolkit for Employers
Readying the Workplace for Impending Immigration Enforcement
Imagine you are the general counsel of a company that maintains warehouses across the country with thousands of employees. You know that your company is only permitted to hire individuals who are legally authorized to work in the United States, and you believe your company has instituted appropriate procedures to ensure that its workforce is legally authorized to be in and to work in the United States. But you have heard that the government is visiting warehouses like your company’s to check the employment authorization of employees and potentially seeking to detain anyone the government believes may be undocumented. It is critical that you remain informed and ready to face increased scrutiny of your employees’ immigration status at your places of business.
Immigration and Customs Enforcement (ICE) agents may legally come to a workplace for several reasons, including: 1) to conduct a Fraud Detection and National Security (FDNS) visit, during which government officials may seek to review documents confirming employer-sponsored visa status; 2) to perform a Form I-9 audit to confirm employees’ identities and authorization to work in the U.S.; or 3) to conduct an immigration raid, during which ICE officials may seize documents and/or arrest/detain individuals. This article provides a brief primer on the processes to consider implementing in anticipation that your company may be the subject of an ICE raid, as well as steps to take if a raid occurs.
Today’s Legal Landscape
Statutory Authority for an Immigration RaidThis premium content is locked for Entertainment Law & Finance subscribers only
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