ICE Preparedness in the Workplace

August 8, 2025
by Lofton Staffing

Immigration and Customs Enforcement (ICE) agents can show up at any business as part of workplace enforcement efforts. If you have employees, contractors, or onsite vendors, it’s essential to know your rights and responsibilities. An unexpected visit can be stressful, but having a plan and process in place is critical to ensuring smooth continuation of operations. Don’t let your team get caught off guard.

Why you need a response plan:

• A visit from ICE can cause fear, confusion, or chaos in the workplace.
• Frontline staff may accidentally allow ICE into non-public areas without a warrant.
• Supervisors might improperly hand over documents or say things that could be used against the business.
• No one may think to ask for a warrant or to document what ICE does.

Benefits of a workplace response plan:

• Protects your legal rights
• Ensures staff know how to respond appropriately
• Helps maintain calm and order during a stressful event
• Reduces liability and ensures you’re compliant, not exposed

To craft a plan specific to your situation, first understand why ICE might visit. ICE may visit a workplace for many different reasons including:

• Conducting an I-9 audit (to verify employee eligibility documents)
• Investigating specific immigration violations
• Serving an arrest warrant for a particular employee
• Executing a search warrant

The nature of the visit determines your rights and obligations.

What to do:

Train Your Staff to Respond Appropriately

Your front-desk or reception staff are likely to be the first point of contact. They should be trained to:

• Stay calm and polite
• Ask to see identification and the purpose of the visit
• Refer the agents to the business owner or a designated company representative
• Avoid providing information or documents without legal review

Action Item: Prepare a written protocol and designate a trained point of contact for all law enforcement interactions.

 

Ask for a Warrant

ICE agents cannot enter private areas of your business or seize records without a judicial warrant signed by a judge (not an ICE officer). There are two common types of documents you may see:

• Administrative Warrant (Form I-200 or I-9 Notice of Inspection): This does not authorize ICE to enter non-public areas or conduct a raid.
• Judicial Warrant (signed by a judge): This is required to enter private work areas without consent.

Asserting your rights is not the same as hiding something. Refusing access without a warrant is not obstruction – think of it like locking your doors at night – you aren’t hiding something; you are protecting what you’re responsible for.

 

Don’t Consent to a Search Without a Proper Warrant

If ICE does not have a judicial warrant, you are not required to allow them access to non-public areas of your business. You may respectfully decline and explain that they cannot enter without proper legal authority.

Action Item: Clearly mark restricted or employee-only areas to differentiate from public access areas. If you have a gated parking lot, consider closing the gate during the day or posting a security officer to allow authorized access only.

 

Protect Your Employees’ Rights

Employees also have rights during ICE enforcement actions:

• They are not required to answer questions about immigration status or country of origin.
• They can remain silent and ask to speak to a lawyer.
• They are not obligated to show documents unless ICE has a judicial warrant specifically naming them.

Action Item: Educate your workforce about these rights ahead of time.

 

Call Your Attorney Immediately

• Time is of the essence. As soon as ICE agents arrive:
  • Contact your immigration or employment law attorney.
  • Provide them with details of the visit, including any warrants or documents ICE presents.
  • Do not answer questions or sign any documents without legal advice.

 

Document Everything

• Names, badge numbers and actions taken
• Any documents presented or taken

 

Be Proactive About Compliance

The best defense is preparation. Take steps to reduce legal exposure:

• Conduct regular internal audits of I-9 forms.
• Ensure staffing partners have compliant processes.
• Avoid discriminatory hiring practices.
• Train managers and HR staff in immigration compliance and proper recordkeeping.
• Develop a workplace response plan in collaboration with legal counsel.

 

Final Thoughts

An ICE visit can be intimidating, but with the right preparation and legal guidance, you can protect your business and employees. Train your staff, know your rights, and consult experienced legal professionals to ensure you’re compliant and ready to respond calmly and lawfully.

Lofton Security offers trained officers to manage access control for parking lots and restricted areas—available on a temporary or long-term basis. Lofton Staffing is also here to support all your HR and compliance needs. Contact us today to build a trusted partnership that protects your people, property, and peace of mind.

Why Choose Lofton as your Staffing Partner?

Choosing Lofton Staffing as your staffing partner offers a strategic advantage in today’s competitive job market. With decades of industry expertise and a comprehensive understanding of both the staffing and security sectors, Lofton excels in connecting organizations with top-tier talent that not only meets the technical requirements of each role but also aligns with your company’s culture and values. Our tailored approach ensures that we effectively address your specific needs, while our commitment to excellence and integrity helps mitigate hiring risks, reduces turnover, and enhances overall employee satisfaction. By partnering with Lofton, business executives and HR managers can streamline their recruitment processes, save valuable time and resources, and ultimately cultivate a workforce ready to drive organizational success.