Immigration enforcement actions, such as workplace raids, continue to raise concerns for employers, especially as the focus on compliance intensifies. An incident in Newark, New Jersey, earlier this year brought to light the complexities and potential risks employers face during an immigration raid. With businesses across industries becoming more aware of the importance of compliance, immigration attorneys are emphasizing preparedness.
The Legal Landscape: Know Your Rights and Responsibilities
The laws surrounding workplace raids often leave employers navigating a gray area, particularly when it comes to the need for a warrant. Federal immigration officers may conduct enforcement actions targeting individuals suspected of being both undocumented and engaged in criminal activities. However, collateral detentions—where others present at the site are also detained—are common.
“Employers must understand that ICE officers are limited in their authority without a proper warrant,” says David Nachman, Managing Attorney at Nachman Phulwani Zimovcak (NPZ) Law Group. “While businesses cannot physically block agents from conducting their work, they have the right to request to see a warrant and verify its scope.”
What to Do During an ICE Raid
Employers targeted by a workplace raid often find themselves balancing legal obligations with their duty to protect their employees. Preparing in advance is key to navigating these situations effectively.
“First and foremost, prioritize safety,” advises Snehal Batra, Managing Attorney at Nachman Phulwani Zimovcak (NPZ) Law Group’s Raritan, NJ office. “If ICE officers appear on-site, it is crucial to remain calm, comply with lawful instructions, and avoid escalating the situation. Employers should focus on gathering and documenting information, such as names, badge numbers, and details of the warrant, if provided.”
Post-Raid Legal Implications
If ICE officers conduct a search that violates legal requirements, the evidence obtained may be inadmissible in court. “Employers should not try to challenge ICE agents on-site,” emphasizes Ludka Zimovcak, Managing Attorney at Nachman Phulwani Zimovcak (NPZ) Law Group. “Any concerns about improper actions or violations should be addressed later through legal channels. Attempting to intervene in the moment can lead to unnecessary risks for both the employer and employees.”
Employers should also be aware of their obligations under federal law, particularly regarding Form I-9 compliance and record-keeping. ICE enforcement actions are often the result of audits or discrepancies found in employment verification records. Maintaining accurate and up-to-date Form I-9 documentation can significantly reduce the risk of being targeted.
Steps to Prepare Your Business
To minimize risks and be prepared for potential enforcement actions, immigration attorneys recommend the following steps:
- Conduct an Internal Audit: Review Form I-9 records for errors or inconsistencies and address them proactively.
- Implement a Workplace Policy: Train staff on how to respond to ICE visits and designate a point of contact, such as an attorney or HR representative.
- Know the Rules for Warrants: ICE agents must have a judicial warrant to enter non-public areas of a business. Educate management on how to verify a warrant’s validity.
- Focus on Safety: Ensure all employees understand the importance of complying with officers’ instructions during a raid.
The Bigger Picture
While workplace raids can make headlines, their long-term impact on immigration enforcement is often limited. “The goal should be compliance and creating a workplace environment where employees feel secure while adhering to the law,” says Nachman. “Proactive preparation is the best way to avoid unnecessary disruptions.”
Employers across industries—whether in healthcare, construction, agriculture, or beyond—must recognize that immigration enforcement is an ongoing issue. By working with experienced immigration attorneys and staying informed about their rights and responsibilities, businesses can navigate these challenges while protecting their workforce.
How Nachman Phulwani Zimovcak (NPZ) Law Group Can Help
At Nachman Phulwani Zimovcak (NPZ) Law Group, we assist employers in preparing for potential enforcement actions through compliance audits, training, and strategic guidance. If your business is concerned about ICE raids or other immigration-related issues, contact us today to learn how we can help safeguard your organization.
Contact Us
For specialty guidance on U.S. and Canadian immigration matters, visit www.visaserve.com or call 201-670-0006. The Nachman Phulwani Zimovcak (NPZ) Law Group stands ready, willing, and able to assist you with your U.S. and Canadian immigration law needs.