Preparing for the Second Trump Administration
Why Every Business Needs an Immigration Enforcement Response Plan
Compared to the 33,242 immigration enforcement arrests recorded in all of 2024, 32,809 arrests have already been made in the first 50 days of the second Trump administration. As Immigration and Customs Enforcement (ICE) continues to increase investigations and deportations, businesses face a growing risk of raids and audits. For those who are caught off guard, these events can be chaotic and costly. One of the best ways to stay prepared, protect your employees, and avoid hefty penalties is to have what's known as an “Immigration Enforcement Response Plan”.
What is an Immigration Enforcement Response Plan?
An Immigration Enforcement Response Plan (IERP) is a written document that outlines how your business will handle immigration enforcement actions, such as audits and raids. These plans cover key areas of workplace immigration compliance, helping companies communicate with immigration agencies, coordinate legal counsel, protect employee rights, and mitigate legal risks. If regularly reviewed and followed, IERPs can even prevent future immigration actions from occurring. While the structure of an IERP may vary, each plan must adhere to federal and state law, as well as the guidelines set by agencies like ICE and Homeland Security.
What Employer Immigration Policies Does an IERP Address?
Although an IERP will typically address multiple immigration policies, one particularly sensitive area involves I-9 forms. To stay aligned with immigration law compliance standards, all employees must fill out an I-9 form and confirm their legal work status by providing specific eligibility verification documents. An IERP establishes protocols for storing and reviewing these documents, as well as conducting regular internal I-9 audits to keep everything up to date. However, even workplaces that frequently conduct internal audits have a chance of experiencing a federal audit or raid.
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Immigration Raid Preparedness: How to Prepare for an ICE Raid at Work
As part of its Enforcement and Removal Operations, ICE will identify, arrest, and deport any individuals they deem to be living or working illegally in the United States. Referred to colloquially as “ICE raids”, these enforcement actions can be stressful, disruptive, and harmful to both your employees and your business as a whole. Proper preparedness is critical to mitigating the damage these raids can cause. According to the National Immigration Law Center (NILC), there are several ways to do so, including:
Understanding Employee Rights During ICE Raids: Management and staff should understand what rights employees have during raids, including legal protections for undocumented workers and what ICE agents can lawfully do during enforcement actions. In many cases, the first thing that you’ll want to do during a raid is to check whether it has been officially sanctioned. A manager or other appointed point of contact should ask immigration agents if they have a judicial warrant, which must be signed by a judge and have either the name of a state court or “U.S District Court” printed at the top. Without these warrants, ICE agents can only enter private areas of your business with your express permission. While ICE is allowed to enter public areas of your business without a warrant, they will not have the authority to stop, question, or arrest anyone without just cause. If an employee is detained or arrested, they should avoid speaking with agents until their attorney is present.
Train Employees to Interact with ICE: Employees are not required to speak with ICE agents; in fact, anything they say may be used against them later on. Train your employees to not only prevent ICE agents from entering your workplace without proper documentation but also provide guidance on what to say when law enforcement interactions occur. If the employees do speak to agents, it should only be to inform them that they cannot enter and need to talk to their employer. It's also important to encourage everyone to stay calm during a raid. Because ICE agents may be armed or act in an aggressive manner, it can be easy for employees to become agitated or react negatively. Unfortunately, this can exacerbate the situation and give agents cause to act.
Keep a Record of What Occurred: After a raid, record any details about what transpired. Your account should include as many specific details as you can remember, including how many ICE agents were present, whether they were armed, what actions they took, whether they acted lawfully, and whether any employees felt they were mistreated. In addition to being sent to any relevant employee unions, this record can be used during your future communications with ICE. If any employees were arrested or you believe unlawful actions have been taken, you can contact ICE directly here.
The NILC recommends having a written response plan and regularly running practice drills to ensure your workplace is prepared for immigration enforcement. This plan should include not only how your workplace will handle ICE raids, but I-9 audits as well. To do this effectively, your business will need to understand the differences between raids and audits. For example, while a raid can happen unannounced, ICE must give you at least 3 business days' notice before conducting an audit. Raids also require ICE to produce a judicial warrant; for an I-9 audit, they only need to provide an employer with a Notice of Inspection (NOI). Additionally, arrests and detainments are unlikely to occur during an audit, as ICE is required to give a 10-day grace period to provide valid work authorization for any cited employees.
Whether it's an audit or a raid, immigration enforcement can have significant consequences for a workplace and its employees, including steep penalties. Depending on the severity of the situation, these penalties can reach tens of thousands of dollars per violation. The stress of being unprepared for ICE workplace enforcement actions can also harm employee morale, disrupt productivity, and cause you to lose valuable staff members. Establishing a written IERP can reduce these risks and prepare your business for immigration enforcement events before they happen.
Learn more about the Immigration Enforcement Response Plan
How to Create Your Own Immigration Response Plan
The steps to create an immigration response plan will vary depending on the size of your organization, what industry you work in, and where your business operates. However, an effective IERP will need to address specific aspects of immigration compliance, including:
Establishing Roles: An IERP will clearly define the chain of command during a raid or audit by specifying who will serve as the primary point of contact between your business and immigration enforcement officers. Your plan can also outline which departments will be notified and what their roles will be in different situations and circumstances.
Coordinating Legal Counsel: Your IERP should lay out exactly when and how to involve members of your company’s legal team. This can differ depending on several factors, including whether ICE agents are acting lawfully, whether employees are being detained or questioned, and what documents or information they are being asked to provide. Attorneys may also need to be called in before ICE agents arrive; for example, your legal team will want to review any notices you receive from ICE to determine an appropriate response.
Staff Training: An IERP will establish a training program to prepare your employees for audits and raids. Proper training protocols can help reduce the confusion and tension of immigration enforcement while ensuring employees understand their rights, act according to company policy, and respond appropriately during high-stress situations.
Disruption Minimization: Immigration raids and audits can significantly disrupt your day-to-day operations, negatively impacting workflow, morale, and even your company’s reputation. Your IERP should outline possible short and long-term disruptions, their potential impacts, and how your workplace intends to respond.
Document Management: IERPs will need to have record keeping, storage, and discardment procedures for all relevant documentation, including I-9 forms and other employment verification records. To make sure your business stays compliant, these procedures must follow federal guidelines for document retention, privacy, and proper disposal.
Proactive Compliance Measures: While having a contingency plan for surprise audits or raids is often beneficial, proactive compliance measures can prevent these events from occurring in the first place. Many IERPs include regular internal audits and meetings to educate employees on immigration policy, which can keep your workplace up to date on any changes in immigration law or compliance guidelines.
Emergency Response Protocols: If an unexpected audit or raid does occur, your IERP should establish precisely how you, your management team, and your employees will react. Having a workplace emergency plan can cut down on the errors that typically lead to violations, penalties, and unnecessary disruptions to daily business operations.
Satisfying these and other IERP requirements can be challenging, often requiring significant time, resources, and a solid understanding of immigration laws. To make this process less cost-prohibitive and more efficient, many companies choose to use immigration response plan templates, which can be customized to fit specific industries while remaining compliant with state and federal guidelines.
No matter how your IERP is created, it should be easily accessible (and clearly understood) by all employees. Having copies available by request, as well as regular meetings and internal audits, can help keep everyone informed and prepared for any possible immigration enforcement actions.
Takeaway
An Immigration Enforcement Response Plan (IERP) is a written document that outlines how your workplace and employees will respond in the event of immigration enforcement actions, such as an ICE raid or I-9 audit. When properly established, these plans can help protect your employees, minimize legal risks, and reduce immigration enforcement and business liability concerns. In addition to establishing a plan, employers can prepare for a raid by learning more about employee rights and the proper ways to interact with agencies like ICE. While IERPs can be created from scratch, doing so often requires significant time, money, and knowledge of immigration policy. An IERP template can make this process more efficient, reducing the time and resources needed to create an effective plan.