Unannounced site visits by Immigration and Customs Enforcement (ICE) or other law enforcement agencies are increasing nationwide. ICE visits can be disruptive and stressful for employers, particularly when frontline staff are unsure how to respond. Preparation is critical. A clear, well-communicated protocol can reduce risk, prevent inadvertent violations, and ensure a lawful and professional response. 

Below are key principles employers should remember when faced with an on-site enforcement action. 

STAY CALM AND PROFESSIONAL 

The initial response to an enforcement visit often sets the tone. Employees should remain courteous and composed at all times. Attempting to interfere with officers or escalating the situation can expose the company to additional legal risk. 

Professionalism does not mean waiving rights. Employers are not required to provide access or information unless legally compelled to do so. 

REQUEST IDENTIFICATION AND PURPOSE 

When officers arrive, employers should politely request identification, including the officer’s name, badge number, agency, and the stated purpose of the visit. If available, business cards or official identification should be obtained. 

Recording who is present and why they are there is an important first step in protecting the organization and ensuring accurate follow-up. 

LIMIT ACCESS UNLESS LEGALLY REQUIRED 

Absent a valid judicial warrant, employers are generally not required to permit officers beyond public areas such as a lobby or reception area. Access to non-public workspaces should not be granted until senior leadership or legal counsel has reviewed the situation. 

Employers should understand the distinction between judicial warrants (issued by a judge), which require compliance, and administrative warrants (issued by DHS), which do not. 

REQUEST AND PRESERVE DOCUMENTATION 

If officers present a warrant, subpoena, or court order, employers should request a copy and immediately forward it to internal leadership or counsel. Employees should not attempt to interpret the document or make legal determinations on the spot. 

If no documentation is provided, employers may ask officers to wait while appropriate company representatives are notified. 

NOTIFY KEY PERSONNEL IMMEDIATELY 

Employers should identify in advance who must be contacted in the event of an enforcement visit, typically on-site executive leadership, general counsel or outside immigration counsel, and human resources. 

Prompt internal communication allows for a coordinated response. 

DO NOT CONSENT TO INTERVIEWS, SEARCHES, OR RECORDS 

Employees should not answer questions, provide information, or permit interviews or searches unless directed by counsel or required by a valid judicial warrant or order. 

Employers should not confirm employment status or provide employee records during an unplanned visit unless instructed as indicated above . 

DOCUMENT THE ENCOUNTER 

After the visit, employers should document all relevant details, including the date and time of arrival, names and agencies of officers, documents presented, actions taken, and any employees or contractors detained. 

Accurate documentation can be critical in the event of follow-up inspections, audits, or litigation and should be shared promptly with leadership and counsel. 

PROACTIVE COMPLIANCE MATTERS 

The most effective way for employers to reduce risk during a government inspection is to prepare in advance. ICE worksite visits are frequently accompanied by—or followed by—Form I-9 inspections, and even technical Form I-9 errors or inaccurate verification practices can result in significant financial penalties. 

Employers should consider conducting a proactive review of their Form I-9 records, onboarding procedures, and related compliance policies before a potentially costly inspection occurs. 

Meltzer Hellrung regularly advises employers on Form I-9 compliance, internal audits, and worksite enforcement preparedness. Employers with questions about compliance readiness or audit options are encouraged to contact Meltzer Hellrung to discuss practical steps that can help mitigate risk ahead of a government inspection.