Immigration and Customs Enforcement (ICE) visits to workplaces can be stressful, disruptive, and confusing. Whether you operate a law firm, a corporate office, a healthcare practice, a manufacturing facility, or a small business, knowing how to respond properly is critical.
A calm, informed response protects your organization, your employees, and— in the case of law firms — your ethical obligations to clients.
This article outlines practical steps employers, HR professionals, general counsel, compliance officers, and attorneys should understand if ICE appears at their office.
CAN ICE COME TO YOUR OFFICE?
Yes. ICE may come to workplaces for various reasons, including I-9 audits initiated by a Notice of Inspection, administrative subpoenas requesting documents, administrative warrants, or judicial search warrants signed by a judge. What ICE may legally do depends on the document presented.
UNDERSTANDING THE TYPES OF ICE DOCUMENTS
Notice of Inspection (NOI)
An NOI typically relates to I-9 compliance. Employers are usually given a period of time to produce requested records. It does not authorize immediate search or seizure.
Administrative Subpoena
A subpoena may request documents or testimony. It does not automatically permit ICE to enter private areas without consent.
Administrative Warrant
An administrative warrant is issued by the agency. It does not carry the same authority as a warrant signed by a judge and may not authorize forced entry into non-public areas.
Judicial Search Warrant
A judicial warrant is signed by a judge and may authorize entry into specific areas and seizure of specific items. Even then, the search is limited to what is described in the warrant.
The key point: do not guess. Review the document carefully and involve counsel.
SPECIAL CONSIDERATIONS FOR LAW OFFICES
Law firms have heightened obligations under professional ethics rules. Under Model Rule of Professional Conduct 1.6, lawyers are generally prohibited from revealing information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized, or an applicable exception or court order requires disclosure.
In many jurisdictions, even confirming whether someone is a client may implicate confidentiality concerns.
Attorney-client privilege, while related, is narrower. It protects communications made for the purpose of obtaining legal advice and typically applies in legal proceedings. Confidentiality obligations are broader and apply at all times.
ARE THERE EXCEPTIONS THAT REQUIRE DISCLOSURE?
The exceptions to confidentiality rules are limited and typically relate to preventing serious bodily harm or certain crimes involving a lawyer’s services. These exceptions have a high threshold and do not automatically apply simply because a client is undocumented.
State rules vary, and some jurisdictions are even more protective. Employers and law firms should review the rules applicable in their state.
WHAT SHOULD YOU DO IF ICE APPEARS?
Organizations should have a clear internal response protocol:
- Remain calm and professional.
- Request identification and documentation authorizing the visit.
- Make a copy or photograph of any warrant, subpoena, or notice presented.
- Do not allow access to non-public areas until the document has been reviewed.
- Do not volunteer information or answer substantive questions on the spot.
- Contact designated internal leadership and legal counsel immediately.
- Document the interaction thoroughly.
Staff members, especially reception and HR personnel, should be trained to avoid making independent legal decisions or providing information simply to be helpful.
COMMON MISTAKES TO AVOID
Allowing entry into private areas without reviewing documentation; volunteering information beyond what is legally required; confusing administrative warrants with judicial warrants; failing to involve counsel immediately; and providing full personnel files when only specific documents are requested.
WHY TRAINING MATTERS
ICE visits are unpredictable and may occur when senior leadership or counsel is not present. Proper training ensures that front desk staff, HR teams, managers, and attorneys know how to respond consistently and lawfully.
Organizations are welcome to use this guidance for internal training. NPZ Law Group is also available to conduct customized training sessions for law firms, corporate legal departments, HR and SHRM organizations, compliance teams, and business owners. These programs can be tailored for CLE credit, SHRM professional development, or corporate compliance initiatives.
FINAL TAKEAWAY
ICE authority is not unlimited, but responding incorrectly can create significant legal and reputational risk. A calm, structured, and legally informed response protects your organization, your employees, and— for law firms — your clients.
If your organization would like assistance developing a written ICE response protocol or scheduling training, please contact NPZ Law Group.
Disclaimer: This article is for informational purposes only and does not constitute legal advice for any specific situation.
Contact Information If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.