Immigration enforcement actions have become a more frequent concern for businesses across the U.S., particularly in industries reliant on labor. Immigration attorney Kathleen Walker explains the distinction between ICE inspections and raids, emphasizing the need for clear protocols, employee training, and legal guidance to avoid complications during encounters with law enforcement.
Walker, a partner at Dickinson Wright and former national president of the American Immigration Lawyers Association, highlights that inspections typically involve officers requesting access to verify documents like I-9 forms. These interactions may occur at a workplace or office, with law enforcement asking to speak to an individual under a warrant or subpoena. The key, she says, is understanding whether the request pertains to public or private areas, as access rights differ significantly between the two.
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Raid scenarios, however, are more complex. They often involve multiple agencies, including ICE, DEA, or local police, working in coordination. Walker warns that some officers involved may lack formal training in immigration compliance, relying instead on directives to arrest or question individuals. This lack of expertise can escalate tensions, making it critical for employers to recognize the nature of the interaction and follow established procedures.
Employers must prepare employees to handle such situations. A receptionist or on-site worker nearest to the road should know how to respond, including who to contact and whether to grant access. Recording the encounter—via phone or surveillance cameras—can serve as documentation, though protocols must be in place to ensure compliance with legal standards.
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Walker compares the process to construction site safety procedures, where roles and communication are clearly defined. Regular drills, even as simple as practicing after breaks, help reinforce protocols. Some employers use videos or tests to ensure staff familiarity with the process, which can also demonstrate a commitment to compliance in case of scrutiny.
Current enforcement efforts add to the uncertainty for employers. Changes in programs like Temporary Protected Status leave many questioning what steps are required next. Walker stresses the importance of consulting legal counsel to navigate evolving rules and avoid inadvertently worsening situations for employees.
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While honesty is mandatory when speaking to law enforcement, employees have the right to remain silent and request a lawyer. Walker advises employers to ensure workers understand these rights and that accurate information is available during high-stress encounters. Mistakes made in the moment—such as providing incomplete answers—can lead to escalation, making preparation essential.
Ultimately, the challenge lies in knowing the workforce and maintaining consistent protocols. Employers who invest in training and legal support are better positioned to manage interactions, reduce panic, and uphold compliance in an increasingly complex enforcement environment.