6/18/25 Immigration Enforcement: Practical Tips for Employers
June 18, 2025
By Abby Fitts
Immigration enforcement is on the rise, with an increasing number of visits to workplaces across the country. In addition to ICE, agents from the DEA, IRS, ATF and U.S. Marshals have now been deputized to assist. Employers need to prepare their workplaces and employees in advance of an agency visit. See our first E-Alert on this subject for additional guidance for employers navigating immigration enforcement.
Preparing for a Visit:
Here are some tangible ways to prepare and handle an immigration visit:
Mark private spaces with signs like “No Trespassing” or “Private.” Private spaces are locations where there is a reasonable expectation of privacy like exam rooms, break rooms, rest rooms, and offices with doors that close.
Designate a representative and an alternate. Train the representative in how to read a warrant and what to do/not do in interacting with ICE and other federal agents.
Remind employees that they have the right to remain silent if/when agents try to engage with them. They do not have to tell agents where an employee is from or where they are at when asked.
During a Visit:
When agents arrive, remember the following:
Typically, agents will have an operation plan and the first step in that plan is to read the warrant out loud. The designated representative should listen to the reading and may ask to see the document. Know the difference between an arrest warrant and a search warrant because that will determine where agents can go and what they can do. Remember, a judicial search warrant permits agents to search within the location and time frame listed in the search warrant. You are not required to give permission to search in areas not listed and should be clear that you are not consenting (or that your designated representative does not have authority to consent).
Employees and the designated representative may take pictures or video during the raid.
The designated representative may follow the agents in their search.
Finally, employers must remember to not interfere with federal agents during a raid. Employees should not impede, barricade, run away or do anything else that might be considered interference, as such actions come with significant consequences.
We are here to help. Please contact Abby Fitts at afitts@barran.com or 503-276-2190, or your regular Barran Liebman attorney for assistance in reviewing your employment compliance.