What Manufacturers Should Know About ICE Enforcement

With recent changes in federal immigration policy, many manufacturers are feeling anxious about visits from U.S. Immigration and Customs Enforcement and uncertain about what to do should such a visit occur.

While ICE enforcement activity at ordinary places of business may still arguably be unlikely, it is best to for businesses be prepared by working with legal counsel to implement clear protocols and designating a team of responsible individuals who can take the lead in interacting with any ICE agents and supervising any activity.

This is particularly true for manufacturers, who may be more vulnerable to ICE activity than other types of businesses given the nature of the industry.

Preparations

It is important to understand that, absent exigent circumstances, ICE cannot enter private areas of a business without either (1) consent or (2) a valid, signed judicial warrant.

A removal or arrest warrant issued by the U.S. Department of Homeland Security (DHS) is an “administrative” warrant and does not authorize ICE agents to enter private areas of a business without consent.

Manufacturers should consult with legal counsel for review of any documentation that ICE may present, so that counsel can help identify whether the documentation authorizes ICE to enter private areas of the facility without consent.

For a private manufacturing space that does not contain any public facilities, the entire building or occupied space is likely considered “private” for ICE enforcement activity purposes; however, it is critical that manufacturers consult with an attorney to assess each space to properly make that determination and account for any exceptions or nuances.

Given the threshold legal requirements of obtaining a valid judicial warrant, it is far more likely that ICE agents will appear with, and try to enforce, an administrative removal or arrest warrant.

Should ICE agents visit a manufacturing facility and present an administrative warrant, the manufacturer is not required to authorize the agent(s) to enter private areas of the facility or provide any information to the agent(s) about whether any named individuals are even on-premises.

Additional Considerations

In the event of an ICE enforcement action at a manufacturing facility or office space, note the following important considerations:

• Always try to contact legal counsel for assistance. Counsel can provide helpful guidance throughout the process (such as reviewing any warrant) and may even be able to come assist in person or speak with the agents over the phone.
• Ensure to ask the agents for proper identification.
• Do not hide any individuals or assist any individuals in leaving the premises, provide false or misleading information to the ICE agents, or discard any documents or information. Obstructing or otherwise interfering with ICE activity can be a crime subject to prosecution under federal law.
• Remain calm and cooperative. Even if you have concerns, maintain a professional demeanor and do not resist an officer’s questions or requests.
• Keep detailed records of the visit: Record information about the agents’ credentials (name, badge/ID number, etc.) and obtain copies of any business cards. Make and keep copies of all documents given to the agent(s), as you are able. Obtain a receipt for any records taken. Prepare summary documentation of what happened during the visit.
• If ICE apprehends a person, ask where they are being taken. This information will help the individual’s family and/or lawyer find them.
• The best way for a manufacturer to protect its workforce is by following a clearly defined protocol to help ensure that any ICE activity is conducted lawfully.
• Employees can help protect themselves by knowing their rights. Manufacturers are welcome to help inform employees of their rights so that they are prepared, but should not instruct anyone to refuse to cooperate with ICE.

Being prepared is the key to any interactions with ICE.

Manufacturers are highly encouraged to prepare clear ICE enforcement protocols in conjunction with legal counsel, so that they are ready to oversee any ICE enforcement activity that may occur.

 

This article first appeared on CBIA's website and is published here with permission.