IMMIGRATION RAID

In my last article, I discussed the more common type of immigration activity we would expect to see, the I-9 Audit. With the new administration, we’re seeing a lot of concern over the “raid”. Today, I will try to give you some insight in to the type of raids that you may see.

I will start by saying that I’m NOT an attorney nor is any of this legal advice. This is only intended to educate our members so they can prepare for an ICE or CBP visit. For this type of activity, the first step is to make sure you have competent legal counsel identified and know how to contact them.

The first thing to remember is that, as an employer, an immigration raid is just like any other regulatory activity in many respects. This means that the same preparation should be taken and procedures followed from an administrative standpoint. You will probably need to prepare your employees a bit differently, though.

Just like an Air Quality inspection, or a Wage and Hour investigation, or OSHA activity, these regulatory investigations go a lot better with a little bit of preparation. Have a designated person on site to handle the investigation. When multiple agents show up, it can be intimidating. Stay calm… you can delay a short period of time until the designated person can get there but not long.

You must be cooperative but know your rights. Know the difference between an administrative warrant and a judicial warrant. It makes a difference. Have a designated scribe. Someone will need to take notes. Write down the questions that were asked and by whom and the answers that were given. If possible you may be able to record the raid but don’t be uncooperative unless directed to by your attorney. Always have a designated employee accompany the ICE agents at all times.

Remember, a raid is conducted when ICE has probable cause to believe that immigration laws are being violated. This could be complaint driven, it could be I-9 audit driven, it could be ICE looking for a particular peron (most common). That probable cause will generate a warrant. They shouldn’t just enter a business and start asking random questions without a warrant.

Types of Warrants

Judicial Warrant – This is a warrant issued by a court. It will have the court name at the top of the document. These are the least common and typically have a named person they are going to arrest. Judicial warrant has been signed by a judge and has specific locations and conditions. Judicial warrants allow officers to enter private areas of the business and must be complied with as long as they stay within the parameters of the warrant. Read the warrant and get it to your attorney ASAP.

Administrative Warrant – Generally move vague but not always… they do not always require compliance and do not generally allow for the agents to enter private spaces in the business. They are normally on a I-200 or I-205 form issued by DHS or other government agency. Read the warrant and get it to your attorney ASAP… are you sensing a theme?

ICE agents can enter any public area with or without a judicial warrant. This means parking lots, public doors where your customers enter, etc. Make sure you make clear delineation between public and private spaces with Authorized Personnel Only or other signs that clearly distinguish the private from public areas.

Know your rights. Be Prepared. Stay Calm and have an attorney.

Prepare your employees. Many areas of the country have been organizing ‘know your rights’ groups to help employees find out how to handle stepped up ICE activity. Short of that the best advice is tell them not to run. They may be totally legal but fear of authority may make them think they need to exit the property. This will give ICE more reason to search harder.

Even if they don’t find what or who they’re looking for during the raid, they may set up near by (at the exits to the parking lot) and question employees on their way home. Get with your attorney to make sure they know their rights. Make sure they know what paperwork or copies of paperwork they should have readily available.

I would normally link a bunch of articles here but things change too quickly. The best advice is to use your google-fu and search for articles from qualified legal sources and attorneys. DO NOT TAKE AI GENERATED ADVICE. The time to look for these sources is TODAY… NOT WHEN ICE SHOWS UP. If you have an attorney discuss this with him or her TODAY. Have a plan. Unfortunately, we can’t make a plan for you on this one.

Give us a call if you have questions.
DSF