Employer Guidance for Responding to ICE Activities

This article serves as a guide for employers on how to respond to U.S. Immigration and Customs Enforcement (ICE) activities in the workplace. It outlines the legal background regarding employers' rights and duties, particularly in light of increased immigration enforcement under the Trump administration. The document details ICE's authority to enter or search workplaces, distinguishing between public and nonpublic areas, and the conditions under which ICE can access nonpublic spaces. It emphasizes the importance of obtaining consent, the role of exigent circumstances, and the necessity of warrants. Additionally, the article discusses the California Immigrant Worker Protection Act, which restricts employers from consenting to searches without proper legal grounds. Employers are advised to establish protocols for potential ICE raids, including securing nonpublic areas, creating notification and engagement plans, and ensuring compliance with legal obligations regarding employee records. The document highlights the need for preparation and training to manage interactions with ICE effectively.