February 7, 2025 | by Rehan Alimohammad, Partner, and Nabeegh Usman, Law Clerk at Wong Fleming

The Trump administration has ushered in an era of aggressive immigration enforcement. As such, Immigration and Customs Enforcement (“ICE”) agents are now ramping up their workplace enforcement actions to find and arrest non-citizens in violation of immigration laws.

The previous Trump administration aimed to complete 6,000 audits per month. We do expect to see higher enforcement rates across the country during this administration, as is already being seen. This article details all the information your business needs to know to prepare for and react to any immigration enforcement actions that you may be subjected to.

What powers does ICE have?

ICE can operate under 2 types of warrants: an ICE-issued warrant, or a warrant issued by a Federal Judge. ICE agents do not need a warrant to enter the publicly accessible parts of your business premises and ask people questions. To access the private/employee-only areas, they would require a warrant signed by a Federal Judge; an ICE-issued warrant is not sufficient.

Depending on the contents of the judicial warrant, ICE may possess the power to seize business documentation pertaining to payroll, employee records, banking records, I-9 forms (Employment Eligibility Verification Form), alongside similar records they need and are entitled to take.

What can you do?

In case of an ICE raid, it is important to ensure that you and your employees do not interfere with the ICE activities. Despite this, employers and employees do have specific rights that they should be aware of. You should take the following actions to prepare your business and your employees in the event of any ICE enforcement actions.

1. 1. Conduct internal audits.

      You must ensure that all employees do in fact have the legal authorization to work. Audit your I-9 forms and all employee documentation for compliance with employment and immigration laws.
      Form I-9 establishes that your employees are authorized to work in the US, and the law requires this form to be completed within 3 days of hiring an employee. Employers are required to keep original I-9 forms on paper, or as an on-screen readable version, at all times. ICE routinely conducts I-9 compliance audits by sending employers a Notice of Inspection which requires employers to provide ICE with their I-9 documentation within 3 days. Thus, it is important that your forms are completed accurately, and that you retain the I-9 forms for all employees for at least 3 years after the hiring date, or at least 1 year after their termination date, whichever is later. Failing to do so can lead to fines, depending how serious the violation is.

      Please contact our office if you have any questions regarding I-9 compliance.

   2. Designate employees.

      You should designate an employee to be the main point of contact for the ICE agents. This employee should be trained on identifying which warrants are required for ICE to enter your premises, and to deny access if the adequate warrant does not exist. This employee should also be trained to document all actions taken by the ICE agents. Once the raid begins, this employee will be responsible for contacting your immigration attorney to seek guidance. This employee should also know of the employer’s rights to ensure compliance by the ICE agents.

   3. Mark workplace areas.

      You should clearly mark which areas of your premises are accessible to the public and which areas are strictly private and for the use of the employees. ICE can, without permission, operate within the public areas of your business that the general public or customers can access. ICE cannot enter the marked, private areas of your business without either the consent of your authorized representative, or without a valid judicial warrant.

   4. Inform employees of their rights.

      Dealing with ICE agents can be frustrating, and employees should be reminded of their rights as this can give them the confidence to remain calm and not offer any information they do not have to provide. For example, your employees have the right to remain silent, contact an attorney, not identify their citizenship or immigration status, and they need not show any identity documents to disclose their citizenship or nationality.

Please reach out for any assistance on how to best prepare for any unannounced ICE enforcement actions.

Contact Information:

Rehan Alimohammad

Partner at Wong Fleming

77 Sugar Creek Center Blvd.

Suite 401

Sugar Land, TX 77478

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