Ongoing ICE Raids – Key Information for Individuals and Employers

An abridged version of this article will appear in the February 2025 issue of MiMfg Magazine. Read the full issue and find past issues online.

Over the last week, federal immigration enforcement has intensified in some parts of the country, though not yet on the scale many feared. According to reports, Immigration and Customs Enforcement (ICE) made 308 arrests nationwide shortly after President Donald Trump signed new executive orders on immigration, a figure that remains consistent with the agency’s typical pace of operations rather than indicating a massive new raid. Still, officials in major cities, including Chicago, Denver and Minneapolis, are braced for large-scale sweeps targeting undocumented immigrants.

Meanwhile, the Department of Homeland Security (DHS) announced it would end its “sensitive location” policy, which previously limited ICE arrests at places of worship, schools and hospitals. DHS has also reinstated the Migrant Protection Protocols — commonly known as the “Remain in Mexico” policy — requiring certain asylum-seekers to await their U.S. immigration hearings outside the country. These developments, alongside talk of sending additional military personnel and funding to the U.S. southern border, have heightened concerns about possible future expansion of enforcement measures. Below is an updated guide on how individuals and employers can protect themselves or their workforce during ICE encounters or raids.

Key Takeaways

• Individuals (regardless of documentation status) enjoy certain U.S. Constitution protections, such as the right to remain silent and the right to legal counsel.
• Employers may face ICE visits or raids in the workplace that directly impact their staff. It is crucial to understand basic procedures for managing on-site enforcement actions and for safeguarding employee rights.

Below is a concise guide for individuals and employers on how to respond if you encounter an ICE raid or related enforcement situation.

For Individuals

You have the legal right to protect yourself if ICE shows up at your door. Understanding those rights and having a clear plan in place is essential to confidently and effectively handle the situation in the moment.

1. You do not have to open the door.
   • A valid warrant is required: ICE agents must have a search warrant signed by a judge to enter your home. A deportation warrant does not grant them the right to enter.
   • Ask to see the warrant: Request that they slip it under the door or show it through a window. Verify the name, address and judge’s signature.
   • You can speak through a closed door: If you choose to communicate, do so without letting agents inside.
2. You have the right to remain silent.
   • You have no obligation to disclose personal information: You do not have to reveal your name, birthplace, immigration status or how you entered the country.
   • State your decision: Say, “I choose to remain silent,” if you wish to do so.
   • Use a ‘Know Your Rights’ card: You can show a card or note explaining you refuse to speak without an attorney.
   • Do not utilize false documents: Never lie or present fraudulent paperwork.
3. You have the right to an attorney.
   • Ask for a lawyer immediately if detained. Say, “I demand an attorney and refuse to answer any questions without my counsel present.”
   • Present form G-28: If you have legal representation, provide this document to ICE agents.
   • Use pro bono resources: If you cannot afford a lawyer, request a list of free or low-cost legal services.
   • Consider consular contact: You also have the right to contact your consulate.
   • Avoid signing documents you do not understand: You can refuse to sign until you have spoken to a lawyer.
4. You have the right to make a phone call.
   • Use detention center procedures: Request ICE’s National Detainee Handbook to understand rules if taken into custody.
   • Contact family or friends: Ask for a free phone call if you lack funds after 10 days in detention.

Stay Informed and Know Your Rights

• Keep important documents in a safe place and have a plan in case of an emergency.
• If you believe your rights were violated, document key details (date, time and officer names) and contact a lawyer or a trusted community group.

For Employers

Though ICE often targets individuals, they also conduct workplace raids that can affect employers and employees alike. Knowing how to respond in the moment can help protect your organization and the rights of those who work for you.

1. Stay calm and request identification.
   • Politely ask ICE agents for their official credentials, noting names and badge numbers.
   • Request any warrant or official documentation that specifies the scope of the search.
2. Contact legal counsel immediately.
   • Inform the agent(s) that your company has legal representation and you will follow established protocols.
   • Designate a senior leader or site manager to handle communication with ICE.
   • Do not answer any questions until your lawyer is present on the scene.
3. Review the warrant scope.
   • Do not consent to any search that goes beyond the warrant’s details.
   • Limit agent access to the areas or materials explicitly mentioned in the document.
   • Tell agents if they are reviewing any attorney-client privileged materials and ask them to label any privileged documents they seize as privileged. You cannot stop them from taking privileged materials, but your attorney can argue about these later.
4. Protect your employees.
   • Send all non-essential employees home.
   • Employees are not obligated to speak with ICE agents. While you cannot instruct them to remain silent, ensure they understand their rights.
   • Reassure staff that they may request a lawyer.
5. Document everything.
   • Keep a log of times, dates and ICE agent interactions.
   • Note any items or documents seized by ICE.
6. Take appropriate follow-up steps after any visit from ICE.
   • Debrief with legal counsel: Discuss next steps, possible legal exposure and how to support any affected employees.
   • Communicate with employees: Provide updates and clarity on what occurred and what they should do moving forward.
   • Handle all follow-up with ICE through your attorney: Ensure all additional requests and responses are managed by legal counsel.

Stay Prepared and Informed

• Have a plan for how your business will respond to a potential ICE raid.
• Brief leadership, managers and HR personnel on basic legal rights and internal protocols for handling law enforcement visits.
• Remember that consistent, lawful procedures help protect your organization and its workforce.

Final Reminder

Whether you are an individual at home or an employer at the workplace, understanding your rights and responsibilities is crucial. Keep vital documents and emergency contacts readily available and seek legal assistance if you or someone you know is approached by ICE. By staying informed, remaining calm and knowing the correct steps to follow, you can better protect yourself, your family and your business.

About the Authors

Warner Norcross + Judd LLP is an MMA Premium Associate Member and has been an MMA member company since June 1995. Visit online: wnj.com.