In recent days, Northeast Ohio has seen a surge in Immigration and Customs Enforcement (ICE) activity. Reports indicate that 57 people are in custody locally, including six detained in a high-profile raid at Cilantro Taqueria in Cleveland Heights. Nationwide, thousands have already been arrested, and the Trump administration has set a quota of 75 arrests per day for each ICE field office. As a result, local businesses are increasingly concerned about unannounced ICE visits.
With the Trump administration actively enforcing immigration laws and prioritizing the detention and deportation of undocumented individuals, it is essential for businesses to be prepared for potential ICE encounters. Establishing a response plan and training staff can help ensure these situations are handled calmly and effectively.
Here are the 9 things you need to know to be prepared for when ICE arrives at your business.
1. Stay Calm: A calm, collected approach can prevent escalation and facilitate clear communication.
2. Check for a Warrant: ICE agents need a judicial warrant to access non-public areas of your workplace. Make sure the warrant is signed by a judge and specifies exactly where they're permitted to go. No warrant? Agents must stay in public areas only.
3. Limit Access to Public Areas: Without a judicial warrant, ICE agents should only be allowed in public areas. Clearly mark private areas, and ensure access is restricted.
4. Get Legal Support ASAP: Contact your attorney promptly for guidance on how to navigate the situation based on its specifics.
5. Assign a Trained Representative: Designate a point person who is trained to interact with ICE agents and knows the protocol to follow. This person can provide consistent, informed communication.
6. Document Everything: Keep detailed notes of the encounter, including agent names, badge numbers, where they go, what they search, what they take or copy, and any interactions with employees. Documenting this information is essential for legal review.
7. Educate Employees on Their Rights: Employees aren't obligated to answer questions about their immigration status. Equip them with Know Your Rights cards to use if questioned or detained.
8. Avoid Obstructing: Don't interfere with agents' lawful activities. While it's important to stand by your and your employees' rights, obstructing ICE could result in legal consequences.
9. Prepare Now: Establish clear protocols and train staff on how to handle ICE visits. Regularly review and update your I-9 compliance to ensure you're meeting employment verification laws.
By proactively implementing these steps, you can better navigate potential ICE interactions, ensuring legal compliance and safeguarding your and your employees’ rights.
For guidance on navigating these complex issues and ensuring your business is well-prepared, contact any attorney on the Wickens Herzer Panza Employment and Labor team.
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.