Workplace immigration enforcement has become a growing concern in 2025. With recent policy changes and heightened scrutiny of employment records, businesses and employees in Philadelphia must be prepared for potential ICE workplace visits. Whether you’re an undocumented worker, an employer, or an HR professional, understanding your rights and responsibilities is essential.
A visit from Immigration and Customs Enforcement (ICE) can feel nerve-racking, but knowing what to do in the moment can be crucial. By understanding your rights and taking proactive steps, both individuals and businesses can handle these situations with confidence. This guide provides practical steps to take if ICE agents come to your workplace, helping you stay aware of your rights, safeguard yourself, and ensure compliance with the law.
What Happens During an ICE Workplace Visit?
ICE workplace visits generally fall into three categories:
- I-9 Audits: These involve a review of employee records to verify work authorization. Employers typically have three business days to provide the requested documents after receiving a Notice of Inspection (NOI), unless an extension is granted by ICE. Failing to comply within this timeframe can lead to penalties or further enforcement actions.
- Targeted Raids: ICE arrives based on specific information about an individual or group of employees. These raids are typically pre-planned and may involve detaining specific individuals.
- General Workplace Investigations: These are broader enforcement actions that may involve questioning employees on-site, collecting documentation, or inspecting the premises.
During a visit, ICE agents may request access to employee records, conduct interviews, or seek entry into non-public areas of the business. Employers should take detailed notes of any ICE interaction, including the names of agents, time of arrival, and any requests made. This documentation can be crucial if legal action is required.
Employers should also consider conducting internal I-9 audits in advance and consulting with an immigration attorney to address potential compliance issues before an ICE visit occurs.
Immediate Steps for Employees
If ICE arrives at your workplace, follow these key steps:
- Stay Calm & Do Not Run: Panicking or fleeing may escalate the situation and raise suspicion.
- Know Your Rights: If ICE asks for additional details beyond your name, you are not required to respond. Politely state that you wish to remain silent and request an attorney.
- Request a Lawyer: If ICE detains you, request to speak with an attorney before answering any questions or signing documents. If you do not have a lawyer, ask for a list of pro bono attorneys.
- Do Not Provide False Documents: Misrepresenting your identity or work authorization can lead to serious legal consequences, including criminal charges.
- Do Not Sign Anything Without Legal Advice: ICE agents may present documents requesting your voluntary departure – always consult an immigration attorney before signing anything.
- Contact a Trusted Person: Inform a family member, coworker, or legal representative about the situation so they can assist with legal support if needed. If detained, you have the right to make a phone call and should contact a trusted person who can seek legal assistance on your behalf.
- Know Your Documentation Rights: Ensure all employees, especially front desk staff, understand how to respond if ICE agents arrive. They should be trained to direct ICE to the designated Workplace Compliance Officer and avoid providing documents or access to non-public areas without proper legal review.
Immediate Steps for Employers
Business owners and HR professionals must also take appropriate action when ICE agents arrive:
- Verify Warrants: ICE must have a judicial warrant signed by a judge to enter non-public areas. Administrative warrants do not provide the same authority and do not grant ICE unrestricted access.
- Do Not Consent to Entry Without a Proper Warrant: If ICE does not have a judicial warrant, politely decline entry beyond public areas and instruct employees to do the same.
- Limit Employee Interviews: Employers are not obligated to provide ICE with immediate access to employees without proper documentation. Employees also have the right to remain silent.
- Designate a Workplace Compliance Officer: Assign a manager or HR representative to handle ICE visits, communicate with agents, and ensure legal compliance without unnecessary exposure.
- Prepare a Workplace Action Plan: Train staff on how to respond to ICE visits lawfully and ensure company policies align with federal and state laws. Ensure that digital employee records remain protected. ICE cannot access electronic files without appropriate legal authorization.
Employers should establish a relationship with an immigration attorney in advance to ensure immediate legal guidance if ICE arrives. Consulting with legal counsel before responding to ICE requests can help businesses meet their obligations while protecting employees' rights.
Know Your Rights: Employees & Employers
Understanding legal protections is vital. Under the Fourth Amendment, ICE agents need a judicial warrant to search non-public areas. Administrative warrants, which ICE often presents, do not allow them to enter private spaces.
How to Verify a Warrant
- Judicial Warrant: Signed by a judge, grants legal access to non-public areas and specific enforcement actions.
- Administrative Warrant: Signed by an ICE officer, does not allow entry into non-public areas or private offices.
Employees and employers should familiarize themselves with these distinctions to avoid unlawful searches or unnecessary compliance. If ICE agents attempt to enter the workplace, employees and employers should immediately ask to see a warrant and verify its legitimacy before taking any action. If ICE asks you to sign any document, do not do so without first speaking to an attorney. Signing without legal guidance could affect your rights and limit your legal options.
Legal Consequences & Why You Need an Immigration Lawyer
Following an ICE workplace visit, both employees and employers may face legal challenges:
- For Employees: Detention, removal proceedings, or pressure to sign voluntary departure forms. Having legal representation can significantly improve an individual’s chances of securing relief from removal.
- For Employers: Fines, business license penalties, or even criminal charges for knowingly employing unauthorized workers. Employers may also face lawsuits from employees if rights are violated.
Attorney David S. Santee has spent over 20 years helping individuals and businesses navigate immigration challenges. An experienced immigration attorney can help you understand your rights, build a strong defense, and ensure compliance with immigration laws. Our firm works closely with businesses to develop workplace policies aimed to help prevent legal issues and promote a safe, compliant environment.
The Law Offices of David S. Santee is committed to providing strategic legal support, helping businesses proactively address workplace compliance and reduce the risk of ICE enforcement actions. To ensure legal representation is accessible, we offer flexible financing options. Contact us today to learn how we can help.
Common Mistakes to Avoid
During an ICE visit, the following actions can lead to complications:
- Running or Resisting Arrest: Can lead to additional charges or further investigation.
- Providing False Information: Can result in legal penalties, deportation proceedings, or obstruction of justice charges.
- Allowing ICE to Enter Without a Judicial Warrant: Grants them access they may not be legally entitled to and may expose employees to risk.
- Inadequate Preparation: Without proper training, employees may panic, respond incorrectly, or unknowingly provide ICE with information they are not required to disclose.
- Speaking Without Legal Representation: Employees should not feel compelled to answer ICE’s questions without an attorney present.
- Neglecting to Consult a Lawyer After an ICE Visit: Even if no one was detained, seeking legal counsel can help mitigate future risks and ensure compliance.
Get Legal Protection Now – Reach Out to The Law Offices of David S. Santee Today
An ICE workplace visit can have lasting consequences, but taking the right steps can protect both employees and businesses. Whether you are an undocumented worker seeking legal guidance or an employer wanting to ensure compliance, The Law Offices of David S. Santee is here to help.
We are dedicated to defending individuals and businesses facing immigration challenges in Philadelphia, Allentown, Norristown, Chester, Reading, and surrounding Pennsylvania areas. Be proactive – don’t wait until ICE arrives at your workplace. Protect your rights and ensure compliance by contacting The Law Offices of David S. Santee today.
Call us 24/7 at 215-935-4481 or fill out our online contact form to schedule a consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration laws and enforcement policies change frequently, and individual cases may have unique circumstances. If you are facing an ICE workplace visit or any immigration-related issue, consult with a qualified immigration attorney to discuss your specific situation.