As immigration enforcement actions continue to rise, employers can prepare for inspections and minimize disruptions to their operations. This article summarizes steps employers can take before and during a U.S. Immigration and Customs Enforcement (ICE) inspection, as well as when employees are absent due to nearby ICE activity.
- Employers can create a written protocol for responding to agents from the U.S. Department of Homeland Security (DHS), which includes ICE.
- Employers can take steps to understand their rights and train workers to know their rights and responsibilities in the event of an ICE visit.
- A judicial warrant is required for ICE to enter private areas of a workplace.
- Employers may wish to review leave of absence policies and contingency planning for workforce interruptions, as some workers may miss work due to fear of being detained or deported.
- Employers may wish to evaluate workplace violence risks and address hazards.
Since January 2025, federal agency actions reflect an expanded, nationwide approach to worksite compliance and immigration enforcement. ICE has intensified its worksite enforcement, with a particular emphasis on restaurants, car washes, construction sites, manufacturing facilities, food processing plants, farms, retail establishments, and commercial warehouses. ICE has conducted large-scale enforcement actions at specific facilities, including a car battery plant in Georgia and a seafood distribution depot in New Jersey. More recently, ICE...
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