Employer’s Guide: How to Handle Workplace Immigration Visits 

No matter your industry or company size, the prospect of an immigration inspection at your workplace can be unsettling. Immigration enforcement actions, like audits, site visits, and even raids, are scenarios no employer wants to face unprepared. However, preparation and understanding are key to handling such situations with confidence and care.

Here’s a practical guide to help employers protect their businesses, support their employees, and remain compliant with U.S. immigration laws.

Understand Your Legal Obligations

The first step in being prepared is understanding your legal responsibilities. Federal law requires employers to verify their employees’ identity and work authorization through Form I-9. Each new hire must complete this form within three business days of starting their employment. Employers that depend on seasonal or temporary workers should ensure their human resource team is well-trained on these requirements to avoid errors down the line.

To stay compliant, be proactive. Regularly audit your I-9 files and correct any mistakes immediately. When possible, educate your HR staff on how to handle Department of Homeland Security audits. Experienced attorneys like Smith Knudson can guide you through these processes and offer peace of mind before an issue arises.

Know Your Rights—and Your Employees’ Rights

Immigration enforcement actions can take many forms, including raids or specific investigations. Here’s what you need to know:

• Immigration and Customs Enforcement (ICE) agents cannot enter private areas of your workplace without a judicial warrant signed by a judge. A common mistake is assuming that agents with administrative warrants can access any part of your business. This is not the case.
• Protect your employees by clearly training all staff to ask for a warrant before allowing entry. Teach receptionists and other first points of contact to say, “This is a private area. You cannot enter without a judicial warrant signed by a judge. May I see your warrant?”
• Employees also have rights. For instance, they may decline to answer questions or present identification documents if they are not detained or under arrest.

Even if ICE presents a valid judicial warrant, take the time to review it carefully and ensure that it matches the scope of the visit. For some businesses, such as those with multiple work sites, warrants can often contain errors. Carefully inspecting the documentation is not only your right but your duty as a business leader.

Create a Workplace Response Plan

Preparing for an immigration action is vital for every employer. Consider implementing the following best practices:

1. Train Your Staff – Ensure all employees, particularly managers and front-office staff, understand their roles during an ICE visit. Everyone should know the right questions to ask and how to direct agents to the appropriate company representative.
2. Designate a Point Person – Assign a trusted team member or manager to communicate with ICE agents. This individual should be knowledgeable about your company’s compliance efforts and confident enough to articulate your position.
3. Maintain Calm and Professionalism – If an immigration action occurs, remain calm. Encouraging your employees to stay professional can de-escalate potentially tense situations.
4. Seek Legal Guidance Immediately – The moment ICE contacts your workplace, cue up your legal team. Having a trusted attorney like Smith Knudson at your side ensures that your business is handling the matter correctly and ethically. Their guidance can also help protect your workers and your operations.

Build a Culture of Trust

Finally, fostering an environment where your employees feel supported is essential. Many workers, particularly those who are immigrants or have immigrant family members, live with lingering fears of enforcement actions. Open communication about your company’s commitment to compliance and legal protection can ease these worries.

Whether you employ two people or 2,000, the way you handle immigration issues reflects your company’s values. By staying informed, prepared, and empathetic, you can protect your business and your people, one step at a time.

If you need advice, Smith Knudson can help your business stay ahead of challenges while achieving peace of mind. Contact us today to discuss your workplace compliance or immigration matters.