How Employers Can Prepare for Immigration Actions

As an economic development organization, Oconee Economic Alliance is committed to helping companies in Oconee succeed. Much of our work is centered around workforce attraction and development. Some of our local businesses have expressed concerns about what could happen if ICE was deployed in our community, and what they should do to protect their employees and company. This information is designed to be used as suggestions, but is not legal advice. For legal advice specific to your company, employees or situation, please contact an attorney.

Oconee Economic Alliance is here to support your business. Please contact Oconee Economic Alliance for additional assistance with your workforce needs.

American Immigration Lawyers Association (https://www.aila.org/)

ICE Online Detainee Locator (if an employee is arrested) (https://locator.ice.gov/odls/#/search)

National Immigrant Law Center

Printable Know Your Rights Card (https://www.ilrc.org/redcards)

Frequently Asked Questions

Immigration

How can I prepare my employees for ICE?

Identify people on each shift who would be designated to speak with ICE. This should be someone at the managerial level. If ICE tries to speak with anyone else at the company, they should be directed to the designated contact while employees stay out of their way. Employees who do not need to be in public areas should remain in employee only spaces while they are there.

Host a practice session where someone pretends to be an ICE agent. Practice having employees find the designated contact and the remaining employees moving into employee-only spaces as appropriate. Practice having an ICE agent attempt to enter private, employee-only spaces and employees responding with, “I cannot give you permission to enter. You must speak with my employer.”

How can I prove my employees are legally allowed to work in the United States?

Preparation is key. Businesses can take proactive steps to obtain documents for each employee and keep them in a file. This would include a Form I-9 that is likely already in their employment file. Conduct an audit to ensure that it is.

Other types of paperwork proving someone is a U.S. citizen or allowed to work in the U.S. could include a U.S. Passport, Permanent Resident Card (Green Card), or an Employment Authorization Document (EAD/Form I-766) for non-citizens.

Make sure that you have copies so ICE is not provided originals. Also, you may ask to have an attorney present when handing over employee paperwork.

What should I do if ICE comes to my business?

The first thing is to remain calm. You may ask them to provide identification, along with their name. You can also ask who or what they are looking for and if there is any paperwork they want to see. Then ask them to wait while you speak with your attorney.

It is critical that no one interfere physically with an ICE agent.

Can ICE enter my business without a warrant?

That depends. ICE can enter any public area, such as the lobby of a building, the reception area, restaurant, grocery store, etc. without a warrant because it is open to all members of the public. What they can’t do is enter private spaces the public cannot go such as break rooms, storage areas, and back offices.

Some businesses are putting up signs that say “Notice - Employees Only” on doors leading to areas that are private. For example, the sign could be placed on each private office, storage closet, etc.