How to Prepare for ICE Visits

Recent reports from Kern County indicate a surge in U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (Border Patrol) activity, with officers reportedly conducting targeted operations against drug smugglers. While these actions appear not to be aimed at agricultural worksites, the heightened law enforcement presence has understandably caused concern among employees. Employers should be prepared to address these anxieties and respond appropriately to potential ICE or Border Patrol visits.

Proactive Steps for Employers

While employers’ roles in providing direct assistance to employees are limited, they can take several important steps to reassure their workforce and maintain compliance with immigration laws:

1. Educate Employees on Safety and Scams:
   • Remind employees to verify the identity of anyone claiming to be a law enforcement officer by requesting proper identification.
   • Warn employees about potential scams. In the past, scammers posing as Border Patrol officers have solicited personal information or made fraudulent demands for money under the guise of legal threats.
2. Policy Transparency and Preparedness:
   • Share company policies regarding responses to ICE or Border Patrol visits, emphasizing a calm and measured approach.
   • Offer general resources for employees seeking information about immigration services for their “friends or family” without singling out specific individuals. Avoid directly referring employees to specific immigration service providers or offering financial assistance related to immigration concerns to avoid legal complications.
3. Support Through Leave Policies:
   • Consider accommodating employees who express the need to take time off for personal reasons related to their immigration status or that of a family member by offering a leave of absence. Be mindful to avoid direct involvement in private matters that could have serious consequences for all parties.

Preparation Before an ICE Visit: Best Practices

1. Educate All Employees on Rights:
   • Encourage workers to remain calm, remain silent and not carry false documents.
   • Provide workers with “Know Your Rights” cards in both English and Spanish. Cards can outline rights such as the ability to remain silent and request legal representation.
   • Train workers on how to handle questions from ICE agents politely and assertively, including the right to refuse signing documents without legal advice.
2. Designate a Response Team:
   • Assign trained supervisors or legal liaisons to handle any interactions with ICE agents.
   • Include bilingual staff in the response team to ensure clear communication with Spanish-speaking employees.
3. Legal and Documentation Readiness:
   • Audit I-9 forms to ensure compliance. Correct errors where permissible, ensuring corrections are properly dated and initialed.
   • Avoid maintaining additional unnecessary documents related to employee immigration status.
   • Secure contact information for immigration attorneys and provide access to these contacts to employees.
4. Emergency Planning:
   • Develop an internal protocol for immediate response to ICE visits. Include instructions for securing premises and ensuring legal counsel review before complying with document requests.
   • Prepare authorization documents for employees with minor children, designating guardianship in the event of detention.
5. Community and Legal Resources:
   • Establish partnerships with local immigration advocacy groups and legal teams.
   • Build a rapid response team that includes attorneys and community leaders

During an ICE Visit

1. Handling ICE Entry:
   • Verify the identity of ICE agents by requesting credentials and recording their badge numbers and names.
   • Politely request a copy of any warrants or subpoenas and review them for validity and scope. ICE agents cannot search without a proper warrant.
2. Rights and Responsibilities:
   • Remind employees they are not obligated to answer questions or sign documents without consulting legal counsel.
   • Accompany ICE agents during any authorized searches and take detailed notes of the interactions, including inventorying seized items.
3. Restricting Access:
   • Only provide access to records or premises specified in the warrant or subpoena. Deny any voluntary consent to additional searches.
4. Legal Representation:
   • Contact your designated legal counsel immediately to manage interactions with ICE agents. Employees also have the right to contact their lawyers.

Post-Visit Actions

1. Documentation:
   • Prepare a detailed report on the visit, including the agents’ actions, any items seized and employee interactions.
   • Retain copies of any warrants, subpoenas or other official documents presented during the visit.
2. Employee Support:
   • Ensure detained employees are connected with legal counsel and their families are informed and supported.
   • Offer counseling and reassurance to employees to alleviate post-visit anxiety.
3. Follow-Up:
   • Work with legal counsel to address any compliance issues raised during the visit and mitigate risks of fines or penalties.

By implementing these measures, agricultural employers can ensure compliance with immigration laws while safeguarding the rights and well-being of their workforce.

This blog post was originally published on January 9, 2025, at Western Growers.