With Donald Trump running on campaign promise of the mass roundup and deportation of millions of undocumented immigrants, many businesses in the new year may face unannounced visits from Immigration and Customs Enforcement. Donald Trump has said that he plans mass deportations on day one, meaning that "if ICE shows up" could become "when ICE shows up" for employers across the country. Are you ready?Having a response plan in place is essential, and it's crucial that your staff, particularly those who may first encounter agents, like a receptionist, are trained on what to do. Here's how to get started:
1. Stay Calm: A calm, collected approach can prevent escalation and facilitate clear communication.
2. Check for a Warrant: ICE agents need a judicial warrant to access non-public areas of your workplace. Make sure the warrant is signed by a judge and specifies exactly where they're permitted to go. No warrant? Agents must stay in public areas only.
3. Limit Access to Public Areas: Without a judicial warrant, ICE agents should only be allowed in public areas. Clearly mark private areas, and ensure access is restricted.
4. Assign a Trained Representative: Designate a point person who is trained to interact with ICE agents and knows the protocol to follow. This person can provide consistent, informed communication.
5. Document Everything: Keep detailed notes of the encounter, including agent names, badge numbers, where they go, what they search, what they take or copy, and any interactions with employees. Documenting this information is essential for legal review.
6. Educate Employees on Their Rights: Employees aren't obligated to answer questions about their immigration status. Equip them with "know your rights" cards to use if questioned.
7. Avoid Obstructing: Don't interfere with agents' lawful activities. While it's important to stand by your and your employees' rights, obstructing ICE could result in legal consequences.
8. Get Legal Support ASAP: Contact your attorney promptly for guidance on how to navigate the situation based on its specifics.
9. Prepare Now: Establish clear protocols and train staff on how to handle ICE visits. Regularly review and update your I-9 compliance to ensure you're meeting employment verification laws.
January 20, 2025, will be here before you know it. By putting these steps in place now, you'll be better prepared to handle an ICE visit calmly and effectively, ensuring legal compliance and protecting the rights of your workforce. Prepare now so you're not caught unguarded later.