Federal immigration authorities have recently conducted targeted operations in the Twin Cities, with arrests reported and heightened enforcement visible in public spaces and workplaces. In response, the City of Minneapolis issued an executive order banning any City-owned or City-controlled parking lot or ramp, vacant lot, or garage as a staging area, processing location, operations base, or any other similar use for civil immigration enforcement operations.
These developments underscore the importance of preparedness. Regardless of sector, every employer should have a simple, lawful plan for responding to an ICE worksite enforcement action (raid).
In preparing a response plan, employers should take the following information into consideration:
Companies should have a designated company representative to manage any site visit.
The company representative should:
- Request the agent’s identification and record their name and title.
- Politely ask the agent to state the purpose of their visit.
- Request to review any documents or warrants the agent presents.
Understand the difference between an administrative warrant and judicial warrant.
If the DHS agent has an administrative warrant:
- Administrative warrants are issued by an administrative agency (such as DHS), rather than a court. With this type of warrant, DHS agents are not allowed to enter non-public areas of the employer’s premises without the express consent of the employer.
If the DHS agent has a judicial search warrant:
- Carefully review the warrant and any other documentation and obtain a copy.
- Judicial warrants must be signed by a judge and should say “U.S. District Court” or a State Court at the top of the document.
- Review the warrant to ensure it is signed and dated by a judge, that it is being served within the permitted time frame, and that the area to be searched and the items to be seized are within the scope of the warrant.
- Object to any searches that are outside the scope of the search warrant.
- Protect any privileged documents, such as documents labeled attorney-client documents.
- Accompany the DHS agents as they move around the workplace and carefully monitor and record the search in a convenient and unobtrusive way, such as by taking notes or by a camera or video recorder.
- Request a copy of the list of items seized by the agents during the search.
- Notate any communication that occurred between any agent and company employees.
Public Areas and Non-Public/Private Areas
Anyone can enter public areas without permission, so companies should consider clearly identifying which areas are public and which areas are private by posting signs or keeping private areas locked from the public. Public areas often include dining areas, parking lots, lobbies, waiting areas, and shopping areas. ICE agents can only enter private areas if they have a judicial warrant signed by a judge or if they have the company’s express permission to enter.
No Warrant/Administrative Warrant
If the agents do not present a warrant or present an administrative warrant, the employer representative may state, “You do not have permission to enter the private areas of our business without a signed judicial search warrant. I do not consent to a search.”
Proactive planning ensures you comply with the law while safeguarding your workplace. For specific advice and resources, do not hesitate to reach out to one of our Immigration Attorneys.