Client Alert: ICE Shows Up at Your Business. Now What?

It’s 10:15 a.m. on a Tuesday. The front desk gets a call: “There are federal agents here to see someone in charge.”

Within seconds, the receptionist is rattled. A supervisor is rushing up from the floor. Employees start whispering. Someone pulls out a phone. A manager—trying to be cooperative—starts walking the agents toward the back “to help them find who they’re looking for.”

And that’s how an ICE visit turns from stressful… into a legal and operational nightmare.

Whether you employ five people or five hundred, an unexpected visit by U.S. Immigration and Customs Enforcement (ICE) can be one of the most disruptive workplace events your organization will ever face. It may start quietly, as an I-9 audit or document request. Or it may arrive with far more intensity as we are currently seeing unfold in Minneapolis—agents seeking a specific individual, attempting arrests, or demanding immediate access to private areas.

The good news is this: employers can handle these encounters safely and professionally. But it requires preparation, a calm response, and the discipline to comply only with what the law requires—nothing more.

Start with the Right Mindset

In the moment, it’s easy to panic. You may be worried about your operations, your employees, your reputation, and what happens next.

But your goals should be simple:

• Comply with lawful process (and only lawful process)
• Protect employee safety
• Avoid unnecessary disruption
• Prevent “panic decisions” that create new liability
• Document everything so counsel can assess next steps

In our experience, the companies that handle ICE visits best are the ones who have a plan, and who train their managers how to respond and how not to improvise under pressure.

The First Critical Question: What Kind of ICE Visit is This?

Most workplace ICE interactions fall into one of two categories.

The first (and most common) is administrative. Think paperwork: a Notice of Inspection requesting I-9 forms, a subpoena for records, a request for payroll documentation, or even a “knock and talk” visit where agents ask questions about employees.

Those encounters may feel informal. Sometimes they even feel friendly. That’s exactly why employers get into trouble. A casual conversation can lead to an employer disclosing information it had no legal obligation to provide.

The second category is enforcement activity. This is the higher-disruption scenario: ICE arrives to arrest a specific individual, execute a warrant, or search portions of the workplace. This is where the stakes spike immediately—and where front-line mistakes are the most costly.

Here’s the Legal Principle That Matters Most

ICE does not automatically have the right to enter every part of your workplace.

Most businesses have public areas (a lobby, reception area, waiting room) and non-public areas (production floors, warehouses, employee-only spaces, back offices, break rooms, restricted-access work areas).

Agents can generally enter public-facing spaces without special legal authority. But if they want to go beyond that—into employee-only areas—ICE typically needs either:

• a judge-signed judicial warrant,
• the employer’s consent, or
• exigent circumstances (rare).

(Note: the Associated Press is reporting on a leaked Department of Homeland Security memo that authorizes ICE to enter people’s homes without a judicial warrant. It is not a stretch to conclude that ICE could try to extend this to the non-public areas of businesses.)

The most common employer mistake is accidental consent—given by someone trying to be “helpful” without realizing what they’re authorizing.

“Sure, follow me.”
“They’re in the back.”
“Go ahead and look around.”

Those statements can create major legal exposure.

What Employers Should Do In The First Five Minutes

When ICE arrives, treat it like any other serious workplace incident: calm, controlled, and scripted.

First, stay professional. Don’t argue, don’t escalate, and don’t create a scene.

Second, route agents to the designated company representative. Receptionists, shift leads, and supervisors should know that government visits are handled by one point person—period.

Third, call counsel immediately. Even a short phone call early can prevent a long list of mistakes later.

Fourth, get the paperwork. Ask for names, badge numbers, business cards, and copies (or photos) of whatever documents they’ve brought.

And finally, don’t consent on the spot. A business can comply with lawful process while still protecting itself. A simple, effective phrase is:

“We will comply with any valid legal process. We are not consenting to any search beyond what the law requires.”

The Warrant Issue: Not All “Warrants” are Equal

In the heat of the moment, employers hear the word warrant and assume that means full access.

But there’s a huge difference between a judicial warrant signed by a judge and administrative paperwork that looks official but isn’t court-issued. If it’s not signed by a judge or magistrate, it typically does not authorize entry into non-public areas without your consent. (But, see the recent DHS memo that suggests otherwise.)

That distinction matters—because once consent is given, it’s difficult to undo.

The Biggest Mistakes Employers Make After ICE Arrives

Just as important as what you do is what you must avoid doing.

First, do not allow the situation to escalate. An ICE visit can be tense and emotional, and it’s easy for a manager—especially one trying to “protect the team”—to make things worse with a raised voice, a confrontation, or physical interference. Even if you believe ICE is exceeding its authority, escalation creates serious safety risks and can expose the company and individual managers to claims of obstruction.

And if ICE tries to force its way into a non-public area, do not resist physically. Do not block doorways, touch agents, or attempt to restrain movement. Instead, clearly state (with witnesses, if possible) that the company does not consent to entry beyond what the law requires (“We are not consenting to entry into non-public areas. We will not interfere, but we do not consent.”), and immediately shift into observe-and-document mode while counsel is contacted.

Second, do not retaliate or panic-fire employees because ICE showed up. Do not threaten workers. Do not cut schedules. Do not send people home based on who “might” have documentation issues. Those snap decisions create discrimination and retaliation risks, and often cause more harm than the visit itself.

Third, do not start “spot checking” only certain employees. Demanding documents from workers based on accent, appearance, or national origin is a fast track to serious legal exposure.

Finally, do not allow uncontrolled employee interviews. Employees may have rights in these interactions, and mishandling them can create legal issues for both the worker and the company.

Bottom Line

When ICE appears, the right move is not to argue, panic, or improvise. It’s to keep the workplace stable while complying with lawful process.

The best outcomes come from employers who:

• Avoid unnecessary consent
• Involve counsel immediately
• Limit action to what the law requires
• Document everything
• Protect employee safety
• Practice de-escalation
• Avoid retaliation or discrimination

Quick Checklist: What to Do When ICE Arrives

✅ DO THIS IMMEDIATELY

• Stay calm, professional, and respectful
• Escort agents to a controlled area (conference room near reception, if possible)
• Notify the designated company representative
• Contact legal counsel right away
• Ask for IDs, badge numbers, and business cards
• Request and copy all paperwork presented
• Assign someone to document everything (incident log)

✅ CHECK THE DOCUMENT

• Is it signed by a judge or magistrate?
• What areas does it authorize?
• What records does it require (and by when)?
• Does it list the correct company name/address?

✅ LIMIT YOUR RESPONSE

• Provide only what is legally required
• Do not consent to searches beyond lawful authority
• Escort/observe if permitted and safe

🚫 AVOID THESE MISTAKES

• Do not physically interfere or obstruct lawful process
• Do not “helpfully” give access to non-public work areas
• Do not volunteer employee schedules, addresses, or personnel files
• Do not retaliate, threaten, or make snap employment decisions
• Do not re-verify or target employees based on appearance, accent, or national origin

If you have any questions about how to respond to an ICE visit—or if you would like assistance putting the proper documentation, response protocols, and manager training in place—please contact one of the members of our Employment & Labor Law Team. We can help you prepare now so you’re not improvising later.

This article provides an overview and summary of the matters described therein. It is not intended to be and should not be construed as legal advice on the particular subject.