You Need To Know How Strong Employers Can Protect Workers From ICE
ICE raids at workplaces are designed to scare you into silence and compliance. But the law can be on workers sides if you know how to use it.
The Knock No One Wants
They rarely come with a warning. The knock on the door. The sudden presence of armed agents. The word "Police" stitched across their jackets. But these aren't local officers. They're - apparently - agents from Immigration and Customs Enforcement (ICE), stepping into workplaces, disrupting lives, and detaining workers.
For employers across the United States, whether running a restaurant, a warehouse, or a tech startup, the spectre of an ICE raid has become an unsettling reality. Regardless of your stance on immigration, one fact is inescapable. When ICE raids a workplace, it doesn't just affect undocumented workers. It traumatises entire teams, disrupts operations and erodes trust.
Many businesses are unaware of their rights. Even fewer know how to use them.
Why This Matters Now More Than Ever
Under federal immigration enforcement priorities that fluctuate with each administration, workplace raids have remained a persistent tactic. In cities like Chicago, immigrant communities report that "sweeps" have increased in visibility and aggression, with workers snatched from break rooms and parking lots, sometimes without warrants, sometimes without identifying themselves as ICE at all.¹
The goal of such raids isn't justice, but rather deterrence, fear, and the spectacle of control. And in that spectacle, the Law gets blurred, bent, and broken.
As an employer, you have power. You can, within the boundaries of the Law, take actions to protect your workplace, your workers, and your principles.
This article will show you how.
Workplaces Can Legally Shield Employees From ICE Raids by Knowing the Law, Training Staff, and Refusing Cooperation Without a Judicial Warrant
You can't stop ICE from knocking. But you can, or should be able to, prevent them from barging in. Employers have a duty and the tools to resist unlawful ICE raids by:
Understanding and asserting their legal rights
Training staff to handle interactions with immigration agents
Preparing documentation, signage, and policy in advance
Refusing cooperation unless agents present valid judicial warrants
Let's break that down.
ICE Isn't the Police, Don't Treat Them Like They Are
ICE may be getting a bigger budget than the Marines, but Immigration agents are not local police officers. They do not have the same rights to search with probable cause, in pursuit of a suspect or authority over citizens.
ICE agents only have the legal authority to:
Enter public areas of your business (e.g. a retail shop floor, waiting room, parking lot)
Serve a judicial warrant signed by a judge—not an administrative order signed by ICE itself²
Most ICE raids begin with agents attempting to bluff their way in often flashing administrative forms like I-200 or I-205 and hoping employers won't know the difference. But these are not judicial warrants. Administrative ‘warrants’ are just internal memos. Legally, they are toilet paper in a trench coat.
"An employer has no legal obligation to allow ICE to enter private areas of the worksite without a judicial warrant," Ana Raquel Minian.³ immigration attorney
This is your first line of defence: knowing that you don't have to open the door.
Public vs. Private: Where You Draw the Line Matters
ICE can stand in your lobby. They can loiter in your car park. But they cannot enter back offices, kitchens, or stockrooms without:
A judicial warrant or
Your explicit consent
That means the layout of your business becomes a legal shield. Make it count.
Practical steps
Post clear "Employees Only" and "Private Area" signs on non-public doors
Keep those areas closed or locked
Institute a written visitor policy requiring a managerial escort in non-public zones
By clearly demarcating private areas, you strengthen your legal right to say: "No entry without a warrant." ⁴
DO NOT OBEY IN ADVANCE
Don't Talk. Don't Cooperate. Don't Lead ICE to Your Workers.
Most ICE raids rely on voluntary cooperation with managers inadvertently aiding the agents. Please don't fall for it.
If ICE shows up with a name:
You are NOT required to confirm whether the employee is working
You are NOT required to fetch them
You do NOT have to provide ID, records, or personal information⁵
If they ask to "have a look around," you may say calmly:
"This is a private area. You need a judicial warrant to enter.
Do you have one signed by a judge?"
If they show you something, ask for a copy. Check the top: does it say "U.S. District Court"? If not, it's not a real warrant. Train your staff to do the same.
Staff Training: Your Legal Firewall
Your workplace is only as prepared as your least-prepared staff member. That's why Know Your Rights training isn't optional—it's essential.
Here's what every employee and manager should know:
Do not speak to ICE without a lawyer present
Do not consent to searches
Do not disclose immigration status or show ID
Do not let agents into non-public areas
Instead, train employees to say:
"I'm not authorized to speak to you. Please speak to my manager."
Rehearse this like a fire drill. Role-play. Make it muscle memory. You may be giving someone the words that protect their freedom.⁶
Document, Record, Remember
During a raid, panic is the enemy. Documentation is your friend.
Legally, you're allowed to:
Film or record the agents in public areas
Take notes on what they do and say
Request the names and badge numbers of any agent
You should document:
How many agents entered and from where?
What areas did they access?
Whether they presented any warrants and whether those were judicial or administrative?
Whether they mistreated anyone or used force?
Save CCTV
Afterwards, notify the unions, legal contacts, and the families of affected employees immediately. Time matters. People have disappeared into detention without a trace. Notes and footage can be the difference between justice and silence.⁷
What to Do After a Raid
Even if you've done everything right, a raid can leave workers missing, ttraumatized or suddenly out of work. Don't just go back to business as usual. Take responsibility.
Consider:
Offering paid leave to affected workers while they pursue documentation
Paying owed wages and accrued benefits promptly
Providing separation pay or contributing to a legal defence fund
Giving references or letters of support
Staying connected with local immigration response networks
These aren't just good deeds they're good business. Workplace morale, retention, and productivity suffer in environments of fear. Choose solidarity instead.⁸
Make Your Workplace Ready Today
You can start protecting your workplace now by taking these steps:
✅ Create an ICE Response Plan
Assign a point of contact (ideally legal counsel)
Post private/public signage.
Outline what to do if ICE arrives (scripted responses, no consent, etc.)
✅ Download and Display a Free Poster
A clear, legally accurate poster can help staff assert their rights in the heat of the moment.
FREE DOWNLOAD OF POSTER DESIGNS
Or order Professionally Printed Stickers, Postcards and Posters -
✅ Conduct Staff Training
Partner with local advocacy groups or attorneys to deliver "Know Your Rights" workshops paid, mandatory, and regular.
✅ Consult a Lawyer in Advance
Don't wait for a raid to start seeking legal guidance. Build a relationship with trusted immigration counsel now.
The Law Is a Tool - If You Use It and If They Follow It.
Workplace raids are about intimidation. But ICE relies on one crucial thing: your ignorance/ Let's break that.
Employers can protect workers from ICE by asserting their rights, refusing cooperation without judicial warrants, and preparing their staff.
You don't need to be a hero, just legally literate, morally awake, and organisationally ready. In the face of fear, truth is power. So, post the signs. Train your team. Call your lawyer. And when the knock comes, you'll know exactly what to do.
Silence is compliance. Preparation is protection.
References
Micah Uetricht, "In Chicago, a New Strategy to Stop ICE Raids," The Nation, September 25, 2019, https://www.thenation.com/article/activism/chicago-ice-raids-resistance/
National Immigration Law Center and National Employment Law Project, What to Do If Immigration Comes to Your Workplace, July 2017, https://www.nelp.org/publication/what-to-do-if-immigration-comes-to-your-workplace/
Morgan Lewis, "ICE Enforcement Actions: Understanding Employers' Rights and Obligations," February 2025, https://www.morganlewis.com/pubs/2025/02/ice-enforcement-actions-understanding-employers-rights-and-obligations
Chris Morris, "What ICE Can and Can't Do at Your Business," Inc., February 26, 2018, https://www.inc.com/chris-morris/what-ice-can-and-cant-do-at-your-business/91203591
Felhaber Larson, "Understanding Employer Rights and Obligations if ICE Knocks," https://www.felhaber.com/understanding-employer-rights-and-obligations-if-ice-knocks-on-your-door-what-you-need-to-know/
National Immigration Law Center and National Employment Law Project, What to Do If Immigration Comes to Your Workplace
Erin Mulvaney, "Unions Mobilizeto Protect Immigrant Workers During ICE Raids," Bloomberg Law, October 10, 2022, https://news.bloomberglaw.com/daily-labor-report/unions-mobilize-to-protect-immigrant-workers-during-ice-raids