According to a recent blog shared by Torrance Chamber, immigration enforcement remains a critical issue for many businesses. U.S. employers, regardless of whether they employ foreign workers, must be prepared for potential federal investigations by Immigration and Customs Enforcement (ICE) or Homeland Security Investigations (HSI). Without proper policies and action plans in place, companies could face significant challenges in the event of a worksite raid. This article provides essential guidance for employers in preparing for and responding to such investigations.
1. Preparation
Being proactive is key to minimizing disruptions and legal risks. Employers should:
- Develop a worksite enforcement action plan.
- Designate and train managerial personnel to handle government inquiries.
- Consult with an immigration attorney for guidance and compliance strategies.
- Conduct regular I-9 audits to ensure proper documentation practices.
- Educate employees about their rights in the event of a raid.
2. Immediate Actions During a Raid
If ICE or HSI agents arrive at a worksite, employers should take the following steps:
- Contact legal counsel immediately. Reception staff should be trained to state, “Our company policy is to call our lawyer, and I am doing that now.”
- Verify and document the identities of the officers.
- Request to see a warrant. Ensure a judge signs it and specifies the scope of the search. Do not obstruct the search, but avoid providing consent beyond the warrant’s scope.
- Avoid actions such as hiding employees, providing false information, or destroying documents.
- Clarify whether employees are free to leave the premises.
- Do not voluntarily provide information or documents.
- Refrain from advising employees on whether to remain silent or respond to questions.
- Communicate any urgent employee needs to ICE officers, such as medical requirements or childcare arrangements.
- If employees are detained, ensure their families are notified and that they receive any owed wages.
- Protect privileged attorney-client materials and request that such documents not be inspected.
- Request a copy of all seized items.
3. Post-Raid Considerations
The conclusion of the raid does not mean the investigation is over. Employers should:
- Convene leadership with legal counsel to assess seized documents and detained employees.
- If I-9 compliance was questioned, technical violations should be addressed within deadlines, and penalties for substantive breaches should be strategized to reduce.
- Develop an action plan to mitigate future risks and strengthen compliance measures.
4. Employee Rights
Employees have specific rights during a worksite raid, including:
- The right to remain silent and request legal representation.
- The right not to disclose their immigration status or present identification documents.
- The right to refuse segregation based on immigration status.
Understanding and asserting these rights is crucial for both employers and employees. For more information or to develop a comprehensive worksite enforcement plan, contact us at 310-328-3322 to schedule a consultation.
https://www.torrancechamber.com/employer-rights-responsibilities-during-a-federal-worksite-raid
