It seems Everyone is Talking about ICE Raids – What Should You Know as An Employer?
ICE raids are intricate and highly organized operations conducted by U.S. Immigration and Customs
Enforcement (ICE) with the goal of detaining individuals who are undocumented. These operations
require meticulous planning and involve various legal, procedural, and logistical steps. To truly grasp the
scope of what happens during an ICE raid, it is important to break down the process and understand
each stage in detail, from preparation to the aftermath.
Your Role as the Employer
As the employer, you have the right to deny ICE agents access to your workplace without a valid warrant.
It is also advised you ensure agents do not exceed their authority. Designating a specific employee or
manager to oversee interactions with ICE agents can safeguard everyone's rights during a raid.
If an agent shows a warrant with a specific employee's name on it, you do not have to confirm whether
the employee is currently working, nor do you have to take the agent to the named employee. Do not
assist the agent with sorting workers by native countries or immigration status.
After a worksite raid, be sure to meticulously document the details of the incident, including the number
of agents present, their names, and any witnessed threats or mistreatment. This documentation can be
crucial for any potential legal proceedings or for filing complaints about misconduct related to the raid.
Training employees on their rights is another crucial responsibility. Informing workers about their
constitutional protections can help mitigate the chaos and fear that often accompany ICE raids. You
should also be aware of the legal consequences of knowingly employing unauthorized workers.1
II. Planning and Preparation for ICE Raids
What Happens During ICE Raids?
ICE raids are not random events; they begin with careful planning and intelligence gathering. Agents
gather information about specific individuals who are suspected of lacking legal immigration status. This
phase includes:
1. Target Identification: ICE agents compile detailed lists of individuals as targets. These lists are
based on prior investigations or tips.
1 Title 8 U.S.C. § 1324a(a)(1)(A) makes it unlawful for any person or other entity to hire, recruit, or refer for a fee,
for employment in the United States an alien knowing the alien is an unauthorized alien, as defined in subsection
1324a(h)(3). Subsection 1324a(2) makes it unlawful for any person or entity, after hiring an alien for employment,
to continue to employ the alien in the United States knowing the alien is or has become an unauthorized alien with
respect to such employment. Subsection 1324a(f) provides that any person or entity that engages in a "pattern or
practice" of violations of subsection (a)(1)(A) or (a)(2) shall be fined not more than $3000 for each unauthorized
alien with respect to whom such a violation occurs, imprisoned for not more than six months for the entire pattern
or practice, or both.
2. Location Assessment: Known workplaces or residences of these targets are identified. Agents
gather intelligence about these sites, focusing on access points, potential security measures, and
the layout of the premises.
3. Coordination with Other Authorities: In some cases, ICE coordinates with local law enforcement
to ensure the operation runs smoothly.
4. Preparation of Warrants: Agents acquire documents such as administrative warrants, which
authorize them to detain individuals but do not grant entry into private properties without
additional permission.
It’s critical to note that ICE raids are typically focused; they aim to locate specific people and are not
indiscriminate sweeps.
Arrival and Entry
Many if not most ICE raids occur in the early morning hours, as this is when individuals are more likely to
be at home or arriving at work. The operation begins with tactical positioning:
1. Agents’ Deployment: ICE agents strategically position themselves around the target location to
prevent individuals from escaping.
2. Initial Identification: Agents identify themselves, sometimes ambiguously referring to
themselves as “police,” which may confuse occupants about their exact role.
The method of entry is where key legal distinctions come into play:
o Consent-Based Entry: If agents are invited in, they are allowed to enter. This often occurs when
agents use misleading language, such as claiming they need to discuss an unrelated issue like
identity theft or a crime.
o Administrative Warrants: These warrants (Form I-200 or I-205) permit the detention of
individuals but do not grant agents the power to forcibly enter a private home. Private areas
require either consent or a judicial warrant.
o Judicial Warrants: These are legal documents signed by a judge, allowing agents to enter
specified private areas without prior approval from occupants.
o Use of Intimidation: In some cases, ICE has been known to use pressure tactics, loud threats, or
even physical force to gain entry. For example, agents have been reported to issue threats such
as, “We will rip the house apart.”
Search and Detention Phase
Once inside, the search and detention stage unfolds, adhering to a specific protocol:
1. Securing the Area: The first step involves agents securing the premises to prevent anyone from
fleeing.
2. Verification of Identity: All present individuals are asked for identification documents and proof
of legal residency or work status.
3. Target Identification: Agents compare the information gathered on-site with their predefined
target list.
4. Arrests: Those who are unable to present valid legal status are detained. Even if they are not
part of the initial target list, individuals deemed undocumented can also be arrested.
5. Seizure of Documents: In certain cases, ICE agents confiscate documents like employment
records or proof of service violations, which they use as evidence in legal proceedings.
Tip: During this phase, individuals have the right to remain silent, and they are not required to answer
questions. This right applies broadly, including to questions about legal status. The individual should still
provide the requested documentation if it is in their possession.
Tip: The scope of ICE agents’ authority during raids is determined by the documents they carry:
o Without a Judicial Warrant: ICE cannot enter private property without explicit permission from
the occupant.
o With a Judicial Warrant: The warrant specifies areas agents are allowed to search. Agent cannot
search without the appropriate warrant.
o Rights of Individuals: People may refuse entry into a private residence if agents present an
administrative warrant. They also have the right to request legal representation and to refuse
searches not clearly authorized by a judicial warrant.
Employers at workplace raids are also subject to specific protocols. ICE agents often request I-9 forms,
which are documents employers use to confirm their employees’ work authorization. Employers are
encouraged to request copies of any warrants presented and verify their terms closely.
IV. Summary
Individuals have rights during these encounters, including:
– Refusing entry without a judicial warrant.
– Remaining silent and declining to answer questions regarding immigration status.
– Demanding access to legal representation.
Post-Raid Actions:
Raids do not end with detentions. Effects include:
– For detainees: Processing, detention, deportation proceedings, and possible appeals.
– For employers: Investigations into hiring practices, including I-9 records and payroll reviews.
– Community impact: Widespread fear, family separations, and economic disruptions in sectors reliant
on immigrant labor.
Preparation tips:
To mitigate the impact of ICE raids:
– Employers: Train staff on compliance and response protocols. Remain compliant.
– Individuals: Know your rights, make emergency plans for dependents, and store vital documents
securely.
– Service Providers: Stay ready to document incidents and provide legal resources.
V. Conclusion
ICE raids are not only complex enforcement actions, but they also involve intricate legal and procedural
mechanisms. They significantly impact families, communities, and industries. Understanding each
phase—preparation, execution, and aftermath—empowers individuals and employers to respond
appropriately. For further information on immigration enforcement and your legal rights, the U.S.
Department of Homeland Security offers detailed guidance on its official website.
For more information you can reach out to Tanzi Cannon at General Counsel by Cannon, PLLC. at
t.cannon@gcbycannon.com, 413-369-9225 or go to www.GCbyCannon.com.
This material is provided for informational purposes only. It is not intended to constitute legal advice,
nor does it create a client-lawyer relationship between General Counsel by Cannon and any recipient.
Recipients should consult with counsel before taking any actions based on the information contained
within this material.
This material may be considered attorney advertising in some jurisdictions.