On January 20, 2025, President Trump enacted several executive orders to advance his administration’s immigration policy priorities. These actions include: (a) a declaration of a national emergency at the southern border, (b) facilitating the allocation of federal funds for enhanced border security and (c) deploying armed forces to the region. Additionally, President Trump announced plans for a large-scale deportation initiative targeting undocumented immigrants, described as “the largest domestic deportation operation in American history.”
On January 21, 2025, Acting DHS Secretary Benjamine Huffman issued a directive overturning the previous administration’s policy of limiting immigration enforcement near “protected areas.” This change grants ICE agents broader authority to conduct enforcement activities in sensitive locations, including hospitals, schools, and religious institutions. Indeed, a Crain’s article last week discussed how New York City area hospitals are preparing for ICE raids.
Understanding ICE Raids
ICE raids typically aim to detain undocumented employees working for U.S. employers. These operations are often targeted, focusing on specific individuals or industries known to employ large numbers of undocumented workers, such as hospitality, construction, agriculture, cleaning services, and restaurants.
ICE agents may enter public areas of a business, such as lobbies or parking lots, without prior notice. However, access to non-public areas requires either a judicial search warrant or explicit consent from the employer. While employers are obligated to cooperate with ICE investigations, they must also ensure compliance with privacy laws and avoid inadvertently violating employee rights during such operations.
Preparing for Potential ICE Raids
Employers can take proactive measures to minimize risks and ensure compliance with immigration laws. Consider the following steps:
- Designate a Point of Contact: Assign a representative from the Human Resources or Legal Department to manage ICE-related matters.
- Develop Protocols: Establish clear procedures for handling ICE raids, including training for designated representatives on managing judicial search warrants, communicating with agents, and addressing employee concerns.
- Front Desk Preparedness: Equip reception staff or other first points of contact with guidelines on who to notify and how to respond to ICE agents.
- Internal Audits:
- Review and update Form I-9 records for all active employees.
- Correct any errors on I-9s promptly.
- Retain I-9 records for the legally required period for terminated employees.
- E-Verify Compliance:
- Audit E-Verify cases for accuracy.
- Address any missing cases and ensure mandatory posters are displayed.
- Document Organization:
- Align immigration petition documents with personnel files, ensuring consistency in details such as compensation and work locations.
- Separate personnel, I-9, and immigration files, removing any unnecessary or sensitive personal data while adhering to state laws governing personnel records.
- Vendor and Contractor Reviews:
- Confirm that contracts with staffing agencies or vendors include clauses ensuring compliance with I-9 and immigration laws.
- Managerial Awareness:
- Instruct supervisors not to provide legal advice to employees or customers regarding immigration issues. Instead, provide informational materials from reputable organizations like the National Immigration Law Center.
- Media Preparedness:
- Draft a statement for use in the event of an ICE raid to address concerns from employees and the media.
- Legal Support:
- Consult with an immigration attorney to develop protocols and provide training for key personnel.
Broader Implications for Employers
The administration’s enforcement efforts may initially target undocumented immigrants with criminal records or those at the southern border. However, additional executive actions could affect individuals under programs such as Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS), and humanitarian parole programs. Employers should also prepare for potential DHS site visits to audit immigration-related files.
Organizations serving the public, such as hospitals, schools, and religious entities, are generally not required to disclose the immigration status of individuals unless mandated by a lawful warrant. However, employers must avoid actions that could be interpreted as obstructing government operations.
By taking these proactive steps, employers can better navigate the challenges posed by heightened immigration enforcement while maintaining compliance and protecting their workforce.