Armed Federal Agents Are at Our Front Door. What Do You Want to Do?

The Presidential Order and the DHS order to include schools, churches, and medical facilities mean that any workplace can be investigated regarding the immigration status of employees, contractors, volunteers, customers—anyone where federal agencies feel there are one or more immigrants in the U.S. illegally. Any employer can be liable for some kind of enforcement action, permitted or denied.

Ordinarily, a rank-and-file employee—not a senior manager—encounters the officer from that government agency. You owe it to your employees, contractors, guests and customers to train your procedures once a government officer appears unannounced.

Understand that armed officers inserting themselves into your space during or outside usual business operations could be accused of criminal activity.

Immigration Investigations by ICE, HSI, CBP, USCIS & Others

On-site and remote workplace investigations can be stressful situations that require careful handling. As workplace immigration enforcement continues to evolve, all employers must understand how to prepare for and respond to these investigations.

Investigations may include scheduled audits and unannounced on-site visits.

The Current Enforcement Environment

The January 2025 Executive Order significantly expands immigration enforcement:

1. Specific inclusion of churches, medical facilities and schools.
2. Creation of federal HSTFs (Homeland Security Task Forces) in all states, combining federal, state, and local law enforcement.

This allows federal agencies to use state and local law enforcement officers.

3. Enhanced coordination between ICE (Immigration and Customs Enforcement), HSI (Homeland Security Investigations), CBP (Customs and Border Patrol), and USCIS (US Citizenship and Immigration Services) for workplace enforcement.
4. Increased emphasis on civil penalties and fines.
5. Expanded detention capabilities.

Constitutional Protections

The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures, requiring valid judicial warrants for law enforcement to enter your workplace and seize people and/or documents.

Federal Immigration Enforcement

1. ICE: The primary agency responsible for enforcing immigration laws. ICE agents may carry firearms but are not police officers, though their gear may say “Police.”
2. HSI: An agency that collects and inspects employers’ I-9 forms and related documentation for compliance.
3. USCIS: Conducts audits related explicitly to employment-based immigration sponsorship.

Types of Enforcement Actions: Audits vs. On-Site Visits

ICE typically interacts with employers in two ways: through scheduled audits or unannounced on-site visits.

Audits

An audit begins with a Notice of Inspection, giving any employer three business days to produce specified documents. During an audit, the employer will typically need to provide:

1. I-9 forms for current and recently terminated personnel
2. Current personnel lists
3. Quarterly wage and hour reports
4. Payroll records
5. E-Verify confirmations (if applicable)
6. Business information, including the owner’s Social Security Number

On-Site Visits

Unannounced on-site visits occur when ICE agents arrive carrying firearms and are further armed with some kind of warrant. Unlike audits, on-site visits provide no advance notice and require immediate response. On-site visits typically occur when ICE has probable cause to believe immigration violations are happening.

Understanding Different Types of Warrants

Judicial Warrant: You have the right to see the warrant. If signed by a judge from a court, this warrant provides legal authority to enter private areas or seize documents. Always verify the signature and scope. Immigration agents cannot enter private areas of your workplace without a valid judicial warrant or your consent.

Administrative Warrant: This usually has “Department of Homeland Security” at the top and appears on Form I-200 or I-205. It does not grant authority to enter private areas without consent.

Notice of Inspection: A formal request to review I-9 forms within three business days. This is not a warrant and doesn’t grant immediate access.

Right to Remain Silent: All personnel have the constitutional right to remain silent and are not required to answer questions about immigration status.

Right to Legal Representation: Anyone detained can consult with an attorney, though the government is not required to provide one.

Right to Refuse Unauthorized Searches: Employers can refuse searches that go beyond the scope of a warrant or that lack probable cause.

How to Prepare Right Now

Develop formal response procedures as part of your Emergency Action Plan. Train all personnel. Your goal is to reach out to the senior officer of the team immediately sent to your workplace.

Maintain Impeccable I-9 Compliance:

1. Conduct regular internal audits of I-9 forms
2. Ensure proper completion and storage of all required documentation
3. Keep I-9 records separate from personnel files
4. Stay current with form updates and requirements

How to Respond to an ICE Audit

If ICE Arrives for an R Audit:

1. Review the Warrant and Notice of Inspection carefully
2. Contact your legal counsel immediately
3. Gather the requested documents within the three-day time frame
4. Maintain detailed records of all documents provided
5. Work with counsel to address any identified compliance issues

ICE On-Site Visit

Stay Calm and Professional: Maintain a professional demeanor and ensure all staff remains composed. Panic can escalate tensions and complicate the situation.

Protect Personnel Rights:

1. Remind personnel of their right to remain silent
2. Inform them of their right to legal counsel
3. Do not provide false information or assist in personnel escape
4. Maintain a list of personnel present during the on-site visit

Document Everything

Use Technology Appropriately: Ensure all cameras are recording. While any employer has the right to record enforcement actions, do so openly and without interfering with the agents. Make immediate backup copies of any surveillance footage and store them securely. If they do not interfere with officers, your personnel are encouraged to audio and video record the entire process. Record individual agents as well as any officer activities.

1. Designate an employee(s) to accompany ICE agents
2. Record what areas were searched
3. Ensure agents stay within the warrant’s scope
4. Do not obstruct or interfere with the search
5. Note what documents or items were seized
6. Audio and video any conversations or interactions with agents
7. Keep copies of all documentation provided to ICE
8. Time and date of the enforcement action
9. Names and badge numbers of all agents involved
10. Specific actions taken by agents that appeared improper
11. Names and contact information of any witnesses
12. Any property damage or business disruption
13. Any instances where agents exceeded the stated authority
14. Any cases of detained U.S. citizens or legal residents

Document Economic Impact: Keep careful records of any business disruption, including:

1. Lost revenue
2. Personnel absences
3. Customer impact
4. Reputation damage
5. Property damage
6. Operational disruptions

These records may be necessary for any subsequent legal proceedings or insurance claims.

Address Personnel Concerns:

1. Communicate appropriate information to staff, volunteers, congregants and visitors.
2. Provide resources for affected personnel
3. Maintain open lines of communication
4. Respect privacy and legal requirements

Manage External Communications:

1. Coordinate with legal counsel on public statements
2. Prepare responses for media inquiries
3. Maintain consistent messaging across all channels

Outside U.S. port cities, American employers believed that they were immune from a “visit” from ICE. That’s all ancient history. Any workplace—including where you worship, your kids’ school, your local clinic or hospital—can be investigated regarding the immigration status of employees, contractors, volunteers, customers—anyone where federal agencies feel there are one or more immigrants in the U.S. illegally.

Thus, your risk as a target for enforcement has multiplied.

What are you going to do when one of your employees calls you to report, “Armed federal agents are at our front door. What do you want to do.”