How to Prevent Mistakes During ICE Raids with an Immigration Enforcement Response Plan (IERP)
As workplace inspections and ICE activity increase, preparing your workforce is more important than ever before. Without training, an unexpected visit from an immigration agency can quickly spiral into confusion and expensive mistakes. The consequences of these mistakes vary, ranging from extensive fines and repeat audits to damaged employee morale and reputational harm. To protect both your people and your operations, and to meet workplace immigration compliance standards, the most effective option is to establish an Immigration Enforcement Response Plan.
What is an Immigration Enforcement Response Plan (IERP)?
An IERP is a written plan that covers how your workplace will react to routine audits and unannounced visits from agencies like Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS). As a central part of strong employer immigration policies, an IERP should address key compliance elements such as:
Creating a chain of command during audits or raids. Your plan should specify who will communicate with immigration officers, how management teams will be notified, and what role each department will play in ICE workplace enforcement scenarios.
Involving members of your company’s legal team. An effective IERP identifies situations that require legal counsel, such as employee detainment, agent misconduct, or document requests. Your plan should also explain how attorneys will review notices and handle communication with immigration agencies.
A system for document management. The plan must include procedures for record keeping, storage, and disposal that comply with state and federal law. This applies to all documents used to verify employee work authorization, such as an I-9 form.
Adding proactive compliance measures and workplace emergency plan protocols. IERPs are designed to prevent violations and improve immigration raid preparedness through regular plan reviews, ongoing employee education, and internal I-9 audits. These efforts, alongside step-by-step instructions for responding to enforcement events, help keep disruption, confusion, and liability to a minimum.
IERPs are an essential tool for employee training, but a plan is only effective if employees understand it, know their responsibilities, and are confident in how to act. Without regular practice, workers can fall apart under pressure, exposing your business to immigration enforcement and business liability on multiple fronts.
Three Major Risks of an Untrained Workforce
During the chaos of an enforcement action, small errors can snowball quickly. A receptionist who lets officers wander in private areas, a supervisor who hands over incomplete I-9 files, or a manager who cannot distinguish an administrative warrant from a judicial warrant can trigger problems that linger for months. While the consequences vary, three of the biggest dangers of an untrained workforce include operational disruption, legal penalties, and reputational harm.
Operational Disruptions
Even if an ICE or DHS visit is announced, agencies are only required to give a 72-hour notice. This doesn’t leave a substantial amount of time to prepare, especially if you have a large workforce. Companies without a plan in place will struggle to locate records and present vital documents like I-9 forms. The presence of ICE agents can add to the difficulty, as they often wear tactical vests or other intimidating garb. Untrained employees will not understand how to verify a warrant or what areas agents are allowed to enter, further disrupting workflow. After agents leave, staff and customers will be understandably shaken up. This can lead to poor performance, missed deadlines, and dissatisfied customers.
Legal Penalties
Failing to comply with key employer immigration policies can lead to a variety of legal penalties and monetary fines. These penalties can vary depending on the type, severity, and frequency of violations. As of June 28th, 2024, the DHS can issue fines as high as $2,789 per violation, with repeat offenses incurring even more expensive citations. For example, knowingly hiring or continuing to employ someone who lacks work authorization can cost anywhere from $5,579 for a first offense to $27,894 for a third. Other consequences, including court-ordered back pay, loss of government contract eligibility, and repeated inspections, can drive costs even higher. ICE has cited several factors that can impact fine amounts, including whether a company is acting in good faith. By having an IERP, companies can show they are making proactive compliance efforts, which could lead to less serious penalties.
Reputational Damage
News of a raid, even an unfounded one, can linger long after fines are paid. Potential clients, partners, and employment candidates who hear of the event may decide to take their business or job skills elsewhere. Internally, panic during an incident hurts morale and erodes trust that management can protect their workforce. A visible, frequently-rehearsed response plan shows workers and the public that the company understands its obligations and takes worker security seriously, helping preserve its reputation after the dust settles.
Common Misconceptions About ICE Raids
People415 CEO Becky Barton says one of the most common myths about employer and employee rights during ICE raids is the belief that federal agents automatically have access to every area of your business. According to the National Immigration Law Center (NILC), agents need a judicial warrant signed by a judge to enter non-public spaces. Without one, they are only allowed to enter if someone gives them consent.
Unfortunately, that consent does not have to come from an employer. If a receptionist, supervisor, or well-meaning new hire allows agents in, a court could treat that as valid. That is why your plan must show employees how to refuse entry to private areas, request a judicial warrant, and call the designated response lead. IERP Training should teach your staff that everyone in the workplace, regardless of immigration status, has rights. Employees should understand the legal protections for undocumented workers as well as they understand their own. This helps prevent anyone from being singled out or put at unnecessary risk.
Employees are also not required to hand over records or answer every question right away. During a raid, you or your designated response lead should first review what ICE is requesting, contact HR or legal counsel, and respond only after verifying the scope of the warrant. As an employer, it is within your rights to take time to gather documents, clarify the request, and remain present while agents review files or speak with workers.
Uniformed agents can be intimidating, but it's important to remember that silence does not equal obstruction. Both the company and the individual employees may decline to answer questions until an attorney is present. Training should cover how to respond to agents with simple, direct phrases, such as “I am not authorized to discuss that; our compliance officer will assist you shortly.”
Practical Training Points for Leadership Teams
Distribute printed IERPs to employees, either individually or via publicly posted copies
Post clear “employees-only” signs to mark non-public zones
Limit who is authorized to grant consent, and make sure every worker understands the policy
Hold short, role-specific drills so front-line staff practice refusing entry and routing agents to the response lead
Place a warrant checklist at reception that explains how to spot a judge’s signature and court heading
Addressing misconceptions and reinforcing the right behaviors through repeated proactive training helps employees protect both their own rights and the company’s legal standing during ICE enforcement actions.
What Makes an Immigration Training Program Effective?
Putting a response plan on paper is just the first step. Employees need practice, clear responsibilities, and practical tools before an unannounced ICE visit. The steps to create an immigration response plan focused on training include:
Choosing a Response Lead: Choose one person to speak with agents, gather warrants, and direct officers to appropriate areas. Selecting someone with formal immigration-compliance or employment-law training is often wise, as this can help decisions remain legally sound. All other employees should be trained to route questions to this lead, reducing miscommunication and unnecessary mistakes.
Providing Front-Line Staff Ready-Made Scripts: Receptionists, security guards, and floor supervisors should know exactly what to say if immigration agents arrive. This doesn’t have to be complicated. A brief, calm response like “Please wait here while I contact our compliance officer” is often enough.
Practicing Warrant Checkpoints: Use short drills to help staff recognize a valid judicial warrant, distinguish public from private space, and politely deny entry beyond the lobby without proper paperwork. This can be reinforced with color-coded floor maps that clearly mark work boundaries.
Running Quarterly I-9 Spot Checks: Pull a random stack of I-9 forms, confirm every section is complete, and correct errors on the spot using ICE’s three-line method: strike through the error, add the correction, then add date and initials. Regular tune-ups like this prevent last-minute scrambles during a raid or the 72-hour audit window.
Scheduling Annual Plan Audits: Revisit your plan at least once a year, or quarterly in high-enforcement industries like agriculture, food processing, and hospitality. Update contact lists, signage, and scripts whenever staffing changes occur; that way, new employees learn the routine before they need it.
These steps are only part of a comprehensive immigration response plan. To make sure your plan has all the necessary components, whoever is tasked with drafting it should have a thorough understanding of immigration law compliance and agency procedures. In many cases, companies will need to work with outside consultants or specialized compliance experts to create an effective plan. This process can cost thousands of dollars and take weeks or months to complete. However, alternatives (like using an IERP template) can significantly reduce that cost and effort while still meeting legal standards.
Takeaway
While some ICE immigration actions will come with a 72-hour notice, many will happen with no warning. Knowing how to prepare for an ICE raid at work is much easier with an Immigration Enforcement Response Plan (IERP). Businesses without an IERP risk having untrained staff that respond inappropriately to immigration enforcement, leading to legal penalties, fines, stalled operations, and long-term damage to company reputation. The best way to avoid these consequences is with a well-built IERP and regular training.
Training should involve:
Educating employees about their rights, including the ability to refuse to answer questions until an employer or counsel is present
Holding regular training sessions that cover what protocols to follow during a raid, how to ask for a warrant, and how to recognize the judge’s signature
Dispelling common myths, such as immigration agents having access to every part of your business
Regularly auditing your plan, updating training procedures, checking I-9 forms, and correcting any errors
For businesses looking to build or improve their IERP, using a customizable template can make the process faster, easier, and more cost-effective.