Immigration and Customs Enforcement (ICE) has increased its presence at manufacturing facilities and agricultural operations across the U.S., targeting industries that rely heavily on labor. For employers in manufacturing and agriculture, an unexpected visit can disrupt production, halt seasonal operations, and create significant legal risks. Here’s what you need to know and how you can be prepared.
Why ICE is Showing Up at Worksites
ICE conducts worksite enforcement under federal immigration laws, primarily the Immigration and Nationality Act (INA). This law’s purpose is to prevent the employment of unauthorized workers and ensure businesses comply with employment eligibility verification requirements. Recently, ICE visits have become significantly more prominent, particularly in industries such as manufacturing and agriculture that heavily rely on immigrant labor. Despite ICE raids appearing to be sudden, several factors can trigger an appearance such as:
- Anonymous tips or reports
- Patterns in I-9 audits
- Contractor or staffing agency violations
- Past enforcement history
- High-profile operations in food processing or seasonal agriculture
With this knowledge, employers can anticipate potential risk and make decisions accordingly to reduce the chances of an ICE visit occurring.
ICE Enforcement Authority
Understanding what ICE can and cannot do during a visit is essential for employers to protect their business and their employees. Judicial warrants play an important role as they allow ICE to enter private spaces and do the following:
- Halt production lines or agricultural operations and restrict movement
- Question employees and move them into a contained area
- Seize items listed in the warrant
- Detain employees and take them into custody
Without a judicial warrant, ICE cannot enter private spaces, only public areas. However, it is important to note that with consent they may enter private spaces.
Employer and Employee Rights During an ICE Visit
In case of a visit, it is important to be prepared and know your rights to protect your business and team. Employers have the right to review and verify any warrant ICE presents, and they can restrict access to non-public areas if the warrant is administrative rather than judicial. Employers can also contact legal counsel immediately, accompany the ICE agents throughout their visit, and document all the actions taken. Employers may also request copies of any seized items, decline searches outside the warrant’s scope, and protect privileged materials such as attorney-client communications.
Employees also have important protections that they should be knowledgeable of. They may remain silent, decline to answer any questions, and request legal counsel. Employees are not required to provide their identification or follow instructions to separate themselves based on immigration status. With this knowledge, employees and employers are aware of their rights and can make the correct choices accordingly.
Steps to Take During a Workplace Visit
If agents show up at your facility or farm, the most important thing is to stay calm and be prepared. First, ask them to see their credentials and take a close look at the warrant, you need to know exactly what it covers. Get your lawyer on the phone right away and pick someone you trust to stay with the agents the whole time they’re there. That person should watch what’s happening and write down everything they see. Don’t let agents into restricted areas unless the warrant specifically says they can go there. Only provide what you’re legally obligated to give, nothing more. Keep detailed records of the entire visit, ask for copies of anything they take, and make sure you get a complete list of seized items before they leave. Keeping your team informed and on the same page throughout this process will help everything go more smoothly and keep disruptions to a minimum, especially critical during peak production periods or harvest season when timing is everything.
