In Case of a Visit from ICE or Other Federal Enforcement
For employers that may face a visit from ICE or other law enforcement, the following steps were recommended at a recent ABA conference by the former assistant chief counsel at the U.S. Department of Homeland Security:
Identify and train the person or people who are likely to be the first point(s) of contact (e.g., receptionist, security guard, etc.): train them on what to say, how to say it and who to call. The advice is to “restrict where they can go,” not to give free rein/access.
Prep an intermediary: The person receiving the front desk’s call will likely be someone on-site; they should be trained on a communication plan. The example given is a plant manager who is “trained to diffuse the situation while they get legal counsel on the phone.”
Create a formal document defining which parts of the business site are public and which are private. If doubt exists, involve counsel in the definition. Also, educate employees on those designations and how to handle them. The example is given of a janitor propping open a door to a “private” area, effectively rendering it “public,” even though inadvertently.
Ensure HR has a response plan, including who will speak with ICE and how they are to handle requests from agents. Consider a “tabletop exercise” in coordination with the C-Suite.
Conduct an internal audit. Particular emphasis is given to ensuring that all I-9 forms are in order.
Consider the use of cameras, whether an internal system or employee-held. Ensure employees do not block doorways or otherwise obstruct agents.
