In recent weeks, Immigration and Customs Enforcement (ICE) has ramped up workplace raids, leaving many business owners in a difficult position—especially those who depend on the labor of undocumented workers. While immigration policy remains a hotly debated topic, the reality is that undocumented workers form a critical part of many industries, including agriculture, construction, hospitality, and manufacturing.
If you find yourself in this situation, it’s essential to take proactive steps to protect your business, remain compliant, and support your employees. Here’s what you should do:
1. Understand Your Legal Obligations
Employers are required to verify the work authorization of employees through Form I-9. If ICE conducts a raid or issues a Notice of Inspection, having your documentation in order can mitigate potential fines or legal consequences. Consider conducting an internal audit of your employment records to ensure compliance.
2. Develop a Workplace Response Plan
Prepare your team for the possibility of an ICE raid. This includes:
- Designating a company representative to interact with ICE agents.
- Training managers and staff on their rights and responsibilities.
- Establishing protocols for legal counsel to be contacted immediately in the event of an enforcement action.
3. Know Your Rights as an Employer
ICE must present a warrant signed by a judge to enter non-public areas of your business. You are not legally required to allow entry without one. Train your staff to request proper documentation before permitting access.
4. Support Your Employees
Your undocumented workers may be living in fear, unsure of their future. Consider providing resources such as:
- Access to legal aid organizations specializing in immigration law.
- Know-Your-Rights training to help employees understand their protections under the law.
- Flexible work arrangements or financial assistance where possible to help impacted families.
5. Explore Alternative Workforce Solutions
Given the legal risks associated with employing undocumented workers, it may be time to assess long-term workforce strategies. This could involve:
- Partnering with workforce development programs to recruit documented employees.
- Offering job training initiatives to attract and retain legal workers.
- Advocating for legislative solutions that create pathways to work authorization for essential laborers.
6. Stay Informed and Engage with Policymakers
Immigration laws and enforcement priorities are constantly evolving. Stay up to date on changes that may affect your workforce and consider joining business associations that advocate for sensible labor policies.
The ongoing immigration enforcement efforts put both businesses and employees in challenging positions. As a responsible employer, taking proactive steps to ensure compliance, protect your workers, and prepare for potential disruptions can help you navigate this uncertain landscape. If you need guidance, working with an HR consultant, legal counsel, or industry advocacy group can provide the expertise and support needed to move forward with confidence.