Stevens & Lee Fact Sheets: Information on ICE

Immigration Enforcement at Businesses/Employers

Issued: January 31, 2025

US Immigration and Customs Enforcement (“ICE”) is a law enforcement arm of the Department of Homeland Security (“DHS”). In preparation for potential immigration enforcement by ICE at businesses/employers (collectively, “Business”), key contacts at each Business should be trained and aware of the Business’s obligations under the law. This fact sheet pertains primarily to enforcement actions affecting employees or other visitors to the Business.

1. Definition of “immigration enforcement” for purposes of this fact/information sheet.

Immigration enforcement refers to any official action that ICE could take at a Business. Immigration enforcement could include arresting employees or seeking records / other private information and may be carried out by either or both of its component agencies – Homeland Security Investigations (“HSI”) or Enforcement and Removal Operations (“ERO”).

2. Best practices for dealing with ICE.

Appoint a Designated Business Representative (“DBR”) to lead all interactions with ICE. Ideally, the DBR should be in-house counsel as ICE may present legal documentation for the Business’s review. There should always be a DBR “on duty” as ICE could present itself at any time. If in-house counsel is not a feasible option, the DBR could be another senior administrator on-site who has direct access to in-house (or other assigned) counsel. Whoever is designated as the DBR should be knowledgeable about the Business’s rights and responsibilities with respect to ICE enforcement and should remain abreast of changes to governmental policies that may impact the Business’s rights and responsibilities. If the DBR is not an attorney, a designated attorney must be contacted immediately. All employees should be given the name, title, and contact information of the DBR.

3. If an ICE agent presents themselves at our Business, what do we do?

If you are not the DBR and an ICE agent enters the Business, you should ask the agent to wait while you contact the DBR. Contact the DBR immediately. You should inform the agent that, due to protocol, you are not authorized to provide information or access to non-public areas of the Business. Remain calm and professional.

If you are the DBR, first ask the agent for identification and a business card. ICE agents wear uniforms. Next, ask the agent to step into an office or room away from the reception area/lobby. Once the agent is in a private room, the DBR should ask the agent the reason for their visit and request the presentation of any legal documents. At this point, if the DBR is not an attorney, the DBR should wait for in-house counsel instruction.

4. When, if ever, must the Business cooperate?

Cooperation is directly dependent on the legal documentation the ICE agent presents. The Business has the right to thoroughly review any document that the agent presents. If the DBR is not an attorney, an attorney must review the documentation provided before any action is taken. If ICE does not present documentation, the Business is not required to comply with any requests.

5. What type of documentation might ICE present?

A subpoena and a warrant are both court orders serving different legal purposes. A subpoena is a document which generally compels appearance in court or the production of documentation by a specific court- imposed date and time. A warrant generally authorizes immediate action, most often an arrest of an individual or a search of a designated area.

There are several types of documents ICE may present, many of which the Business is not required to immediately comply with.

DOCUMENT TYPE	DESCRIPTION OF DOCUMENT	EFFECT ON BUSINESS
Judicial Warrant	A document signed by a judge which authorizes ICE to obtain records or make an arrest.	Compliance is required. If the accurate Business name is listed on the warrant and it is signed by a judge, the Business must comply.
Administrative Warrant	A document signed by an ICE official (not a judge) which authorizes ICE to obtain records or make an arrest.	The Business is NOT required to comply with an administrative warrant.
Judicial Subpoena	A document signed by a judge compelling appearance or production of records by a certain date.	Immediate compliance is NOT required, and the Business may choose to challenge the judicial subpoena in court. Note that there will almost certainly be a court- designated date and time listed when a response is required. The Business must comply with this deadline but is not required to provide any documentation in that instant.
Administrative Subpoena	A document signed by an ICE official, rather than a judge, compelling appearance or production of records by a certain date.	The Business is NOT required to comply with an administrative subpoena.

6. The ICE agent presented a valid subpoena and told me that he or she will wait while the necessary information is collected. What should I do?

The DBR should let the ICE agent know that the Business will respond by the deadline listed on the subpoena. Further interaction with the ICE agent is not required.

7. ICE says that immediate compliance with the arrest of an employee is required even after establishing that a judge has not signed a warrant. What do I do?

Unless there is a signed warrant from a judge, compliance is not required.

8. The DBR has determined that the Business must comply with the request of the ICE agent. How do we proceed?

If the DBR has made a determination that the Business must comply immediately with a judicial warrant, he or she should request the warrant be executed in a minimally disruptive manner. The DBR should accompany the agent as the warrant is executed. In the event the Business voluntarily chooses to comply with a request, this advice remains the same.

9. ICE has requested an employees’ personnel file or other information about an employee without a court order. What do I do?

Is there is not a court order, you do not need to comply. You should also consult your attorney to understand state law regarding disclosure of employee information to third parties.

* There may be state and/or federal laws that your company is required to comply with regarding disclosure of employee information, etc. You should consult with an attorney to ensure that all laws that may apply specifically to your business are complied with *

Additional Resources to Select Industries

1. Generic Employee Fact Sheet.PDF
2. Healthcare Employee Fact Sheet.PDF
3. University Employee Fact Sheet.PDF
4. Immigration Enforcement-Universities-FAQ.PDF
5. Immigration Enforcement-Healthcare Facilities FAQ.PDF