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As expected, President Donald Trump’s first few days in office included multiple executive actions geared towards increased immigration enforcement. Employers in all industries, both private and public sectors, should prepare for a potential increase in worksite investigations and arrests. To ensure proper handling of government enforcement as well as employee and client privacy protections, we recommend all organizations have a plan for worksite visits from Immigration and Customs Enforcement (ICE) or other government agencies.

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ICE agents do not always have a right to enter a private business, detain or arrest workers, or take documents. ICE agents are able to access public spaces of a business without permission. This could include the dining area of a restaurant, a business’ lobby, or its parking lot. Immigration agents can enter a private area with a judicial warrant. The employees responsible for the company’s response plan should know how to identify a judicial warrant and distinguish it from an administrative warrant. The scope of each warrant must also be carefully reviewed.

A simple government visitor policy can go a long way in ensuring a lawful, consistent, and calm approach to handling government agent visits. All public-facing employees (for example, the person who works at a company’s front desk) should be provided with steps to follow regarding how to identify official visitors and whom within the organization to contact to coordinate the company’s response. The designated contact person should be trained on the company’s and its employees’ rights with respect to immigration enforcement activities and stay up-to-date on any changes to government policy and regulations. Organizations in sensitive sectors, schools, and healthcare providers, for example, must also ensure their government visitor protocols align with existing privacy policies and applicable regulations.

In addition to implementing a government visit protocol, employers should also ensure their Form I-9 documentation is up-to-date and readily available in the event of a Form I-9 audit. Should ICE wish to review or audit Form I-9 records, they must serve a Notice of Inspection on the employer, allowing the employer at least three days to provide Form I-9 documentation.

Please contact Michael Best for assistance in developing a response plan for government investigations, handling government visitors, and preparing for Form I-9 audits.

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Employers Urged to Prepare for Increased Immigration Enforcement Activities

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