As ICE continues to ramp up its enforcement activities, it is important (now more than ever) that employers understand their rights and responsibilities should ICE come to their business.
If ICE comes to your business, you should first determine whether you are legally required to let them enter. Whether you must allow them to enter depends on (1) where they are trying to enter, and (2) what documents they have with them.
ICE is permitted to enter publicly accessible areas of your business without a judicial warrant. Publicly accessible areas include any area of your business the public can enter, including lobbies, parking lots, etc.
However, to enter private areas, including employee only access areas, ICE agents are required to show, upon request, a proper judicial warrant or subpoena. Employees should not consent to ICE agents entering private areas without a judicial warrant. A private area of the workplace is anywhere that the public at large is not permitted to be without permission. Companies should place “PRIVATE,” “EMPLOYEES ONLY,” or other signs in areas they consider private.
ICE generally operates using either an ICE-issued warrant (administrative warrant), or a warrant issued by a state or federal judge in the jurisdiction in which the inspection is occurring (judicial warrant). An ICE-issued or administrative warrant will state “Department of Homeland Security” and are on forms I-200 or I-205.
However, only a warrant signed by a judge gives ICE agents access to the private areas of a workplace. The judicial warrant will include the name of a federal or Ohio court on the form with a judge or magistrate’s signature. Even with a judicial warrant, the ICE agent(s) are limited to only accessing and searching areas identified within the scope of the warrant.
As a business owner, we know that the safety of your employees is your top priority. Accordingly, despite any disagreements you may have with ICE, it is recommended that you comply with the law and refrain from any of the following:
• Obstructing or interfering with ICE activities or agents;
• Hiding employees or helping them evade the search;
• Destroying or tampering with documents requested by ICE, or destroying records in anticipation of a request from ICE;
• Providing false information; and
• Sharing employee information unless legally required pursuant to a proper warrant or subpoena.
If you have questions about what to do if ICE shows up your door, you should contact an attorney. The Labor and Employment lawyers at Coolidge Wall can help you navigate this process.
