ICE Raids Are on the Rise. Here’s How to Protect Your Business

You’ve heard the chatter. You’ve seen the headlines. But panic won’t help if ICE visits your business... Preparation will. 

ICE (Immigration and Customs Enforcement) is making headlines and raising concern across several industries nationwide. For employers with large foreign workforces, such as manufacturing, agriculture, construction, or hospitality, now is the time to examine what structures your business has in place for hiring, documentation, and implementation. Even with strong practices, knowing who tracks policies and documents carries more weight than speculation.  

This blog builds on the recent podcast episode featuring Pandy with The Human Resource USA and attorney Karl Ulrich of Sebaly, Shillito + Dyer. Their conversation laid out what employers need to consider, clarify, and document when it comes to ICE enforcement. This guide adds structure, examples, and references for companies that want to reinforce internal processes and take practical steps forward. 

Let’s get started. 

Top 5 Don’ts During an ICE Raid

1. Don’t interfere with the investigation
   
   
2. Don’t deny someone’s employment or misrepresent facts
   
   
3. Don’t coach or help employees flee
   
   
4. Don’t destroy or alter any records
   
   
5. Don’t leave untrained staff to manage ICE agents

Who’s Actually at Risk and Why That Matters 

ICE is not conducting random business sweeps. The agency is targeting businesses with patterns of non-compliance, inadequate documentation, or reputational flags tied to how workers are sourced or paid. That includes companies that: 

• Depend heavily on labor brokers without consistent vetting
• Can’t produce complete I-9 records on request
• Lack clear hiring protocols 
  
  

In short: they’re going after operations that treat compliance like an afterthought. And when enforcement does happen, it’s not just the undocumented workers who face fallout. Leadership does too. 

Even if your business is trying to do the right thing, good intentions won’t matter if your documentation is sloppy or inconsistent. The audit trail is what counts. Agencies like ICE, DHS, and USCIS don’t assume compliance. They expect you to prove it. 

Nail the Basics: Documented, Audited, and Ready 

The foundation of any ICE response strategy is clear documentation. Every employee required to complete a Form I-9 should have one on file. One missing section or outdated version creates exposure. 

If you manage these documents electronically, federal rules apply. Under 8 CFR 274a.2(b)(3), employers must retain electronic copies of employee documents with the corresponding I-9 or according to approved retention policies. 

Clean records are your first line of defense. But those records are only as strong as the systems behind them. 

Clean Up Your Onboarding 

A strong onboarding process protects your business before ICE steps through the door. That means: 

• Verifying employment eligibility up front
• Training managers to follow a documented hiring checklist
• Avoiding shortcuts when paperwork gets complicated 
  
  

If your process varies by department or feels patched together, it’s time to tighten it up. We help employers create a consistent hiring structure that leadership can rely on.  

Onboarding isn’t a side task. It’s a compliance tool. 

Audit What You Already Have 

If you haven’t looked at your I-9s recently, now is the time. 

An audit gives you a clear view of what’s actually on file. Confirm that all employees who are required to have a Form I-9 have one. Check for accuracy, use of the correct version, and any gaps in required follow-up. Look for inconsistencies, and correct them using USCIS guidance. 

In the podcast, Karl Ulrich shared the story of a company that reviewed 900 I-9s before ICE ever got involved. They were protecting their interests, not reacting to an investigation. 

Audits like this give leadership something solid to work from. No guesswork. No scrambling. 

Build an Emergency Response Plan that Covers ICE 

You don’t wing a fire drill. You don’t wing this either. 

A visit from ICE is not the time to figure out who’s in charge. Just like any other workplace incident, response starts with a clear plan and trained people who know what to do. 

This isn’t just an HR function. It requires buy-in from leadership, input from legal, and coordination across departments. The goal is to reduce confusion, limit disruption, and keep the business focused while the situation unfolds. 

At minimum, your plan should outline: 

• Who speaks with ICE officials
• How staff should respond
• Who to contact
• Where to hold interviews or reviews
• What gets documented, and by whom 
  
  

It’s also worth evaluating how many entry points your building has and who monitors them. If your access policies are wide open, enforcement activity will be, too. Is that what you want if ICE pays a visit? 

A clear plan reduces mistakes. It keeps people calm. And it gives your leadership team control when it matters most. 

Assign a Response Lead and Legal Contact 

The person responsible for handling an ICE visit needs to have the authority to make decisions, access legal counsel, and represent the company without hesitation. This is not a task for a junior HR staffer or whoever happens to be available. It belongs with executive leadership or in-house legal. 

Your plan should name a primary point of contact, along with a trained backup. Both should understand the company’s rights, be familiar with your internal protocols, and know what ICE agents can and cannot access. 

Make sure this group reviews the response plan regularly, at least once a year, with your legal team. Don’t assume they’ll remember what to do under pressure. Write it down, review it, and revisit it when staffing changes. 

Train Your Entry Points  

Receptionists, security staff, and anyone stationed at the front of the building need clear instructions. They aren’t there to interpret paperwork or answer questions. Their job is to notify the designated contact and step aside. 

That sounds obvious. But under pressure, people panic. A visitor flashes a badge, starts asking questions, and the front desk gets pulled into an enforcement action.

To avoid that, keep a short protocol near the phone or front desk. A one-page reference card is enough. It should include: 

• Who to call
• What not to say
• Where to direct agents 
  
  

Entry-level staff should never be left to handle this alone. If ICE shows up, they need to know exactly who takes over. 

Subpoenas 101: What to Recognize, What to Respect 

Not every subpoena gives ICE full access to your business. Understanding the difference between types of subpoenas protects your company from overreach. 

There are two you’re most likely to see: 

• Administrative Subpoena: Issued by DHS. Allows access only to public areas. It does not permit entry into offices, records rooms, or employee-only workspaces unless those spaces are open to the public.
  
  
• Judicial Subpoena: Signed by a judge. This type carries more weight but must clearly outline what agents are allowed to access. If the language doesn’t specify private areas or documents, that access isn’t authorized. 
  
  

Legal counsel or trained leadership should review these documents—not the front desk.  

Always ask for a copy of the subpoena. Always document what it says. For more detail, DHS outlines its process here. 

During an ICE Visit: What to Do, What to Avoid, and What Your Team Needs 

1. Start with procedure:
   
   
   • Verify agent credentials
   • Make a copy of the subpoena
   • Notify your response lead immediately
   • Take notes: who was interviewed, what documents were reviewed, what was taken 
     
     
2. Control the environment:
   
   
   • If possible, direct agents to a conference room or other private space. Avoid letting enforcement unfold on the production floor or in front of other staff. Keep the interaction professional, calm, and within the boundaries of the subpoena. 
     
     
3. Assign someone to observe:
   
   
   • Leadership should be present to observe and document what takes place. Track the timeline. Watch the process. As Karl Ulrich explained in the podcast, “babysitting the investigation” gives your company a record of what actually happened.  
     
     
4. Don’t make things worse:
   
   
   • Poor decisions under pressure can expose the company to serious legal risk. Do not help anyone exit the building. Do not deny employment status. Do not destroy documents. These actions will complicate your defense and increase your liability. 
     
     
5. Support your people the right way:
   
   
   • Mistakes happen. ICE sometimes detains the wrong individual due to record errors. Make sure emergency contact information is current, and keep a list of outside legal resources employees can turn to. Undocumented workers still have rights in the workplace under labor and safety laws. Resources like Legal Aid at Work and the Economic Policy Institute offer more information. 
     
     

Plan for What’s Next with The Human Resource USA 

Compliance isn’t an abstract idea. It’s a set of decisions made every day. 

We work with leadership teams to put structure behind those decisions. That includes I-9 audits, onboarding process reviews, emergency response planning, and leadership training. 

ICE enforcement puts your business under a microscope. Your plan should already be in place. 

Contact us at The Human Resource USA to get started.