Introduction:
Dealing with an unexpected visit from the U.S. Immigration and Customs Enforcement (ICE) or Homeland Security Investigations (HSI), a federal law enforcement agency within the Department of Homeland Security (DHS) can be overwhelming for any business owner. Whether you’re prepared or caught off guard, it’s important to know the steps you should take to protect your business and employees. This article provides a clear guide on what to do if ICE or HSI shows up at your business, ensuring you’re informed and ready to handle the situation calmly and legally.
- 1. Contact Your Attorney
When ICE or HSI arrives at your worksite, place of business, immediately contact your attorney. Provide training to front-line staff about this protocol. Having the support of experienced legal counsel can be invaluable. They can provide crucial advice and support, ensuring that your rights are protected throughout the process.
- 2. Request Proper Identification and Documentation to Enter Private Areas
If ICE or HSI shows up, you have the right to ask for identification and the purpose of their visit. They should provide a judicial warrant if they intend to enter areas not accessible to the public. Always review any warrant they present carefully, ensuring it is signed by a judge and specifies the areas they are permitted to search. Be aware of “Blackie’s Warrants,” civil search warrants for private areas enabling ICE or HSI agents to question or detain people suspected to be in the U.S. without authorization.
- 3. Understand Your Rights and Responsibilities
It’s critical to understand both your rights and your responsibilities as a business owner. In general, ICE can only enter the public areas of your business without a judicial warrant. For private areas, they need permission or a valid judicial warrant. For example, attorney-client privileged work product, federal and state laws involving protected health information, privacy, and confidentiality still apply.
Educate yourself and your staff about these legal distinctions and your rights. Make sure your employees understand that you as their employer do not represent them and that employees should seek their own individual attorney.
- 4. Train Your Staff and Establish Protocols
Proactive training is essential. Educate your staff about how to interact with ICE agents and establish clear protocols for them to follow. This might include who to contact within the company and how to document the interaction.
- 5. Document the Interaction
Documentation is vital. Record details of the interaction, including the names and badge numbers of agents, the time and date of the visit, and the questions asked or information requested. This documentation can be essential for any legal proceedings or follow-up actions.
- 6. Avoid obstruction of law enforcement
Do not block or interfere with federal law enforcement activities. Note that you are not required to give agents to non-public/private areas if they did not present a valid search warrant signed by a judge.
Resource:
Blackie’s House of Beef v. Castillo, 659 F.2d 1211 (D.C. Cir. 1981): Case that upheld “Blackie’s Warrants,” https://law.justia.com/cases/federal/appellate-courts/F2/659/1211/318923/
