Know Your Rights: How Employers, Nonprofits, and Service Providers Can Prepare for an ICE Raid
- Jeffrey Ball, Esq.
- Jul 30
- 3 min read
Immigration enforcement actions are on the rise, and employers, nonprofits, and service providers must be ready. Recent federal policies have expanded ICE’s staffing and resources while reducing restrictions on enforcement in sensitive locations such as schools, clinics, and places of worship.
ICE enforcement can now occur almost anywhere—including workplaces, community organizations, and medical facilities. Being prepared is critical to protect employees and clients while avoiding costly legal mistakes.
Your Legal Rights Under the Fourth Amendment
The Fourth Amendment to the U.S. Constitution protects individuals and businesses from unreasonable searches and seizures. ICE agents cannot enter non-public areas—such as offices, kitchens, exam rooms, and employee-only spaces—without either:
A valid judicial warrant signed by a judge (state, federal or magistrate judge) or
Consent from an authorized representative (which you should never give).
To strengthen these protections:
Clearly mark private areas as “Employees Only” or “No Public Access.”
Create a written policy identifying which spaces are closed to the public.
Do not grant consent to enter a private area unless contained in a valid judicial warrant.
Judicial vs. Administrative Warrants
Understanding the type of warrant ICE presents is critical:
Judicial Warrant
Issued by a Judicial Court
Signed and dated by a judge (state, federal or magistrate)
Authorizes a search, seizure, or arrest
Must describe the location to be searched and list items to be searched and seized.
All Employers MUST comply with Judicial Warrants
Administrative Warrant
Issued by DHS or ICE (Forms I-200 or I-205)
Does not authorize entry into private areas
Employers are not required to comply for purposes of entry
Always review the warrant carefully before allowing entry.
What to Do If ICE Arrives
Designate a trained point of contact to interact with ICE agents.
Request identification and a copy of the warrant or subpoena.
Document everything: agent names, warrant details, areas searched, and items seized.
Only comply with a judicial warrant.
Do not grant consent to enter private areas or conduct searches absent a valid judicial warrant.
What you should NOT do:
Do not hide employees or destroy documents.
Do not provide false information.
Do not volunteer immigration status information unless legally required.
Do not assist ICE in identifying or separating individuals by nationality or status.
Protecting Employees and Clients during an ICE Raid
Employees have the right to remain silent and consult an attorney before answering questions.
They do not have to show documents revealing immigration status.
Employers must not retaliate against employees who are questioned or targeted.
Nonprofits and service providers should limit the collection of immigration status data and avoid recording it when not required.
Proactive Steps to Take Now
Develop a written ICE response plan that identifies a point of contact and outlines procedures.
Train all staff to refer agents to the designated contact and avoid answering questions.
Post signage clearly distinguishing public and private areas (and train staff).
Review data collection policies and remove unnecessary immigration-related information.
After ICE Leaves
Document every detail of the encounter: number of agents, areas searched, and whether employees were detained.
Request receipts for any documents taken.
Save any surveillance footage.
If employees are detained, obtain information on where they are being taken to assist attorneys and families.
Be Proactive, Not Reactive
The best defense is preparation before ICE arrives. A trained staff, a clear plan, and knowledge of your rights can protect your employees, clients, and organization.
Watch On-Demand our 45-minute webinar "Know Your Rights: Urgent ICE Raid Training for Employers, Nonprofits & Service Providers." Don't wait for a crisis—be informed and prepared.
Or contact us today to register and protect your organization before it’s too late.
Disclaimer:
This post is for informational purposes only and does not constitute legal advice. Employment classification laws vary by state and jurisdiction and are subject to change. For advice tailored to your specific circumstances, we strongly recommend consulting a qualified attorney or legal professional. Taking proactive steps now can help mitigate risks and ensure compliance, but only a legal expert can provide guidance that aligns with your unique situation.
