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This is a template is offered as an example and any final product should be reviewed and approved by your company’s internal team and legal counsel.

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Overview

This document is intended to help any team member navigate an unplanned visit from U.S. Immigration and Customs Enforcement (ICE) officials. As a company policy, we do not allow law enforcement officials, including ICE agents, on to the premises without a valid search warrant. In the event an employee is the first to engage with ICE, they should be kind but firm, requiring proper documentation for entry to our facilities be produced, and immediately contacting the Rapid Response Leader.

Rapid Response Team

Our Rapid Response Team is a group of committed employees who are well informed on our response practices, and ready to take swift action.

• Inform CEO
• Contact Union Leaders | | | CEO | | - Informs broader executive team
• Begins internal communication plan | | | Legal Team Consider legal contacts for your company and your employees. | | - Proceed to the following locations as appropriate:
  • Nearest ICE holding facility
  • Worksite location | | | Union Leader | | - Coordinate Union support efforts | | | Onsite Volunteers | | - Keep employees calm
• Help communicate employee needs like medication or child care | | | Post Event Coordinators | | Coordination of:
• Impacted employee legal support
• Available community resources
• Employee support and wellness |

Preparation

Resource: StrausHR - How to Prepare your Employees Resource: CLINIC Legal Rapid Response Toolkit Resource: What to do if Immigration comes to work Resource: Legal Aid at Work: Workplace Raids

ICE may visit the workplace to complete an I-9 Audit, to conduct a raid, or to execute a search warrant.

I-9 Audit Upon being notified of an I-9 audit, we must produce all requested documentation within 3 days. After the review is completed, we will be informed if our audit is complete, or that some individuals have been flagged as unauthorized workers.

If we are informed of unauthorized workers, we have 10 days to provide legitimate work authorization for these workers; otherwise, they must be terminated immediately.

Union Partnership If your workers belong to a union, the union representative must be notified. We are committed to providing copies of the audit documents and work with the union as we respond to the audit.

Raid A “workplace raid” is when ICE agents come to a workplace to question workers and detain those it believes are in the U.S. unlawfully. Workplace raids can be used to target specific workers as part of an ongoing investigation, or to question all workers who are present.

Execution of Arrest Warrant Similar to a raid, ICE arrives uninvited and has a warrant to arrest someone. It’s important to note that an administrative warrant does not permit access, and you are not required to identify anyone.

Arrival of ICE

Resource: ICE Worksite Raid: Employer Rights and Responsibilities

ICE agents may visit a worksite for several reasons, including an I-9 audit, a raid, or to execute a warrant. These events are often very fast and targeted actions, relying on the element of surprise. Our company policy does not allow uninvited Law Enforcement Officers onto our premises without a valid search warrant. Should ICE arrive, be kind but firm, even if intimidation is used as a tactic.

Front Desk / First Contacted employee

• [ ] Call our attorney immediately. If questioned, respond: ”Company policy is to immediately contact our attorney, and I am doing that now.”
• [ ] Greet the agent, and ask them to confirm the reason for their visit
• [ ] If entry to our facility is requested, require a judicial warrant be produced
• [ ] Review warrant for time, date, location, and a judge’s signature of approval 💡 Learn more about Warrants and Subpoenas here
• [ ] Contact the Rapid Response Team Leader via Phone, Text and Instant Message and inform them of the arrival and intent
• [ ] Inform the available Onsite Lead on the Rapid Response Team
• [ ] If you are willing, record the entire event

❌ Do not confirm if the employee is working, or where they are located

❌ Do not sign anything without legal representation present

Employees

• [ ] Remain calm, and exercise your rights.

❌ Do not try to hide or flee.