Six Best Practices for Responding to Unannounced Workplace Raids
02.13.25
Immigration enforcement is a growing concern for many businesses, particularly those in and around the Chicagoland area. With increased workplace raids and unannounced visits from the Department of Homeland Security (DHS)/Immigration and Customs Enforcement (ICE), fear and uncertainty are at a high level.
A well-prepared response plan can help ensure compliance while protecting employees and business interests. Here are six best practices to consider:
1. Understand the Purpose for a Raid Policy
Having a raid policy in place is key to ensure cooperation with law enforcement to the maximum extent possible — while also protecting the employer’s legitimate business interests and the safety and security of employees. Raid policies also help employees understand their rights.
2. Stay Calm and Notify Leadership
If agents arrive unannounced, employees should immediately notify leadership/the appropriate person designated by the employer. Request that agents sign a visitor log and provide identification, including their badge number. Agents should be asked to wait in a neutral area until leadership arrives.
If the agents refuse to wait, the employee should request to see a copy of the warrant or other legal documentation granting access to the premises, and arrange to make copies or take photos. Employees should not refuse entry to the agents. Locate the most senior employee available and escort the agents to their desired location, taking detailed notes about statements and requests made by the agents.
3. Verify Legal Papers and Document the Search
Once leadership arrives, to the extent the greeting employee did not obtain the agents’ identification and a copy of any warrant, leadership should immediately obtain that information. If a copy of the warrant is not available, leadership should take a photo of all pages of the warrant.
• The agents’ requests for information and documents;
• What information was provided to the agents (such as documents or tangible items);
• The areas searched or photographed by the agents;
• Specific questions asked by the agents and answers provided; and,
• Who made the requests and who provided information, documents or items.
If the agents physically take documents or tangible items, copies or photographs should be made of all seized items.
At all times, leadership should remain with the agents while on the premises and continually take notes and photographs throughout the raid.
Leadership must also determine how to notify other employees in the vicinity about the raid, such as by notifying supervisors, who then advise their team members. Leadership may also decide to relieve employees from work while the search is being conducted.
4. Employees Should Not Consent to a Search (Unless Expressly Authorized)
Unless expressly authorized by management, employees should not consent to a search of personal belongings or workspaces. Further, employees should not accept legal process of documents, such as a subpoena or warrant. Any such requests should be directed to leadership.
5. Protect Sensitive Information
Employees should refrain from hiding or destroying documents or tangible items. Leadership may also consider suspending scheduled trash collection and document destruction activities until after the search is complete.
Another important issue to keep in mind is whether documents or information being requested are protected by the attorney-client privilege, such as communications between representatives of the employer and the employer’s lawyer. Questions as to privilege should, generally, be determined by leadership or counsel for the employer. If the agent requests information that is privileged, leadership should advise them that they do not have authority to review privileged information. As with any other statements made during the inspection, this statement should be documented.
6. Know Employee Rights
While employees should remain respectful during a search, employees are not required to:
• Assist in searches (though employers may authorize assistance to prevent damage, such as by unlocking an office or drawer);
• Answer questions about immigration status, birthplace or how they entered the U.S.;
• Provide identification revealing nationality or citizenship.
If agents request employees to separate by status, such as those who are citizens vs. non-citizens or legal residents, they may remain in place or move to a neutral area. If an employee provides information to an agent, that information must be truthful.
Agents may also visit an employee’s home unannounced. If this occurs, the employee should notify leadership immediately. If an agent requests employer-related information or access to a work device (such as a computer or cell phone), the employee should not provide anything until the agent’s identity is verified by the employer and leadership has been consulted. As with on-site visits, employees are not required to answer any questions.
Proactive Planning is Key
A workplace raid can be chaotic and stressful for both employers and employees. Crafting a sound response plan, and reviewing the plan with key stakeholders, can make all the difference.
If you have any questions or would like assistance preparing a raid action plan for your workplace, please contact Amy M. Gibson or the Aronberg Goldgehn attorney with whom you regularly work.
