U.S. IMMIGRATION UPDATE: How to Prepare for an ICE Visit

The new Trump Administration plans to increase immigration enforcement actions, and there are already reports of various visits from the Immigration and Customs Enforcement (ICE). These enforcement actions can take various forms, from scheduled document audits to unannounced workplace raids.

In light of the increased presence of ICE, compliance is key, and we are strongly reminding both employers and individuals of the following:

Proper Documentation is Crucial

       Every foreign national 18 years of age or over must at all times carry with him and have in his personal possession proof of proper status (I-94, employment authorization card, copy of visa approval notice, copy of visa stamp) or permanent resident card ("green card"), as applicable.

       Recent events and reports have shown that even U.S. citizens may be detained during a raid. Therefore, we would advise that U.S. citizens have a copy of their passport or Certificate of Naturalization available, understanding that carrying original documents may not be feasible.

       Employers should ensure all I-9 documents are current and that copies of proper visas (or employment authorization) are available for inspection.

Knowing Your Rights

Immigration enforcement involves several federal agencies who have difference functions and authorities. The aforementioned Immigration and Customs Enforcement (ICE) is the primary agency responsible for enforcing immigration laws. ICE agents may carry firearms and their gear may say “Police.” The Homeland Security Investigations (HSI) is a division that focuses on collecting and inspecting employers’ I-9 forms and related documentation for compliance. HSI commonly conducts “I-9 Audits”. The U.S. Citizenship & Immigration Services (USCIS) conducts audits specifically related to employment-based immigration sponsorship.

It is important to understand the essential rights that protect both employers and employees:

       You have the Right to See a Warrant and/or Refuse Unauthorized Searches: Immigration agents cannot enter private areas of a workplace without a valid judicial warrant or consent. Administrative warrants (Form I-200 or I-205) do not grant this authority. The 4th Amendment to the U.S. Constitution protects against unreasonable searches and seizures, which includes:

o   Private areas of businesses still require a judicial warrant for entry

o   Administrative warrants alone do not authorize entry into private spaces

o   Warrantless searches remain unconstitutional except in specific emergency circumstances

       You have the Right to Seek Legal Representation: Anyone detained has the right to consult with an attorney, though the government is not required to provide one. All individuals, regardless of immigration status, retain due process rights!

DISCLOSURE: This publication is intended for informational purposes only and is not intended to provide legal advice.