What Pennsylvania Employers Need to Know if ICE Shows Up

Businesses and immigrant communities are feeling increasingly worried about immigration enforcement, for good reason. With changing policies and heightened enforcement efforts, Pennsylvania employers attorney must be more vigilant than ever to protect their employees’ rights while complying with immigration laws.  

ICE inspections and raids can occur unexpectedly, and being unprepared can lead to significant legal, operational, and reputational consequences. As enforcement efforts continue to escalate, it is critical for employers to understand their obligations and develop proactive strategies to mitigate risks.   

How to Prepare for a Potential ICE Encounter 

Crucial preparation includes:  

1. Know your rights.   
2. Designate a point person.  
3. Create an action plan.  
4. Train all workers how to respond.  

Know Your Rights 

• Public Areas: ICE agents can enter areas like lobbies and parking lots without permission. However, they cannot stop, question, or arrest individuals without cause.  
• Private Areas: ICE can only enter private areas with a judicial warrant, signed by a judge. If ICE arrives without a warrant, politely refuse entry and request proper documentation.  

Designate a Point Person 

Assign one or more managers at each Pennsylvania worksite to interact with ICE agents when they arrive.   

• Ensure the designated representative is well-trained and understands the legal boundaries of ICE’s authority.   
• The point person should be familiar with the action plan and comfortable handling stressful situations.  

Create an Action Plan 

Develop a clear, step-by-step action plan for the designated point person to follow in the event of an ICE visit. The action plan should include:  

• Procedures for verifying warrants.  
• Contacting legal counsel promptly.  
• Ensuring employees understand their roles during an ICE visit.  

Train All Workers

Educate all workers on what to do and how to respond appropriately if ICE shows up. Employees should remain calm and refrain from engaging with ICE agents.  

Recommended employee responses include:  

• “I can’t give you permission to enter. You must speak with my employer.”  

• “You are not allowed to enter. Talk to my employer.”  

This guide from the National Immigration Law Center – What to Do If Immigration Comes to Your Workplace – can help you put together a thorough plan ahead of time.  

When ICE Shows Up  

If ICE agents arrive at your Pennsylvania workplace, follow these steps to ensure compliance while protecting your business and employees:  

1. Notify the Point Person and Legal Counsel: Immediately contact your designated point person and immigration attorney to handle the situation. Instruct employees to remain at their workstations and avoid interactions with ICE agents.  
2. Verify the Type of Documentation: ICE agents may present different types of paperwork upon arrival. Always request a copy and consult with legal counsel before taking action. The types of documents ICE may present include:  
   • Notice of Inspection: Requires employers to provide I-9 forms within three business days.  
   • Immigration Enforcement Subpoena: May request additional documents.  
   • Judicial Warrant: Signed by a judge, allowing ICE to enter private areas.  
   • Administrative Warrant: Issued by DHS, but does NOT allow entry into private areas without employer consent.  
3. Monitor and Document the Visit: Request and record officers’ identities and take detailed notes, including time of arrival and any requests made. Monitor their actions to ensure compliance with the warrant.  
4. Limit Information Provided: Do not provide any documentation beyond what is explicitly requested in the warrant. In addition, employees should not sign any documents or provide statements without legal counsel.  

After a Raid 

After an ICE visit, take the following actions:  

1. Document the incident thoroughly, including the number of agents, their actions, and any items seized.  
2. Contact an attorney to discuss the next steps.  
3. Provide employees with support and guidance following the raid.  

Potential Consequences of Non-Compliance  

Failing to prepare for an ICE visit can have serious repercussions, including:  

• Legal Penalties: Non-compliance with immigration laws can result in hefty fines and potential legal action.  

• Operational Disruptions: An unplanned ICE visit can disrupt normal business operations.  

• Reputational Damage: Negative publicity can harm relationships with clients and customers.  

Protecting Your Pennsylvania Business from ICE Enforcement  

Pennsylvania employers operating in industries with high immigrant workforces, such as agriculture, hospitality, and construction, should take extra precautions to prepare for potential enforcement actions.  

By taking proactive steps and responding appropriately when ICE visits, Pennsylvania employers can protect their business and employees while ensuring compliance with immigration laws. ICE visits can be stressful, but with the right planning and response strategy, employers can mitigate potential risks and navigate these situations effectively.  

For personalized legal assistance, contact our experienced employment attorneys today. Our team is here to provide tailored advice and support to help your business stay compliant and prepared for any potential ICE enforcement actions.