Webinar: Preparing for Immigration Enforcement

Businesses across the U.S. are facing heightened immigration enforcement activity, requiring proactive preparation and thoughtful response planning. Employers are also navigating increasingly complex decisions when enforcement actions impact their workforce. These issues were explored in our February 11, 2026 webinar, including audience questions on private property signage, I 9 audits, temporary staffing agency protocols, and the risks associated with alerting employees to enforcement activity. Below is a summary of that discussion, along with the accompanying slides and additional resources for businesses.

Understanding ICE Visit Types

Immigration enforcement visits to businesses generally fall into three key categories:

1. Form I-9 inspections: Officers deliver a Notice of Inspection requiring production of employment eligibility verification documents within three business days. It is suggested that employers not waive this period—it will likely be needed for preparation and consultation with legal counsel.
2. USCIS site visits: Applicable to employers that have sponsored foreign workers, especially H-1B and L-1 workers. Officers confirm that work sites, duties, salary and other terms align with those stated in petition submitted with USCIS.
3. Unannounced ICE visits: These can raise constitutional issues around access to the worksite and surrounding private property. Government agents are not entitled to access non-public areas unless they present a valid judicial warrant or you give consent, which in some states might be unlawful.

Developing Response Protocols

Establish clear, documented response procedures:

• Designate contact personnel and ensure contact information is current.
• Apply a “rule of three”: one employee communicates with officers, one documents the visit, one observes.
• Document officer actions if entry is attempted or made without a judicial warrant.
• Ensure leaders are trained and counsel is immediately accessible when agents arrive.

Constitutional Rights and Warrant Requirements

All persons, not just citizens, are protected by the Fourth Amendment. This includes businesses. Judicial warrants issued by state or federal courts and signed by a judge of such courts—not administrative warrants from ICE or USCIS—are required for entry into non-public areas. Only judicial warrants authorize access to private spaces. See link below for a visual showing the difference between judicial warrants and immigration warrants.

Public vs. Private Space

Employers and other businesses may define and protect areas as non-public by taking steps such as controlling access with locked doors, signage limiting access, e.g., to members/employees/customers, etc., and restricted entry policies. Parking lots and customer-facing spaces require extra attention if the business wishes to establish them as non-public.

Supporting Concerned Employees

• Employers may wish to consider providing concerned employees with letters confirming legal status or authorization to work in the U.S., possibly providing employer contact information.
• Offer concerned employees lists of recommended documents to carry for proving lawful presence. A template list is included with the resources below. 
• Consider flexible work arrangements for affected staff and remind them of available support resources.
• Proactively coordinate with local law enforcement to address workplace safety.

Employment Law Considerations

Balance enforcement compliance and employee rights. Do not discriminate based on presumed immigration status. Evaluate leave and absence requests with care, ensuring compliance with employer policies and ensuring that any special accommodations do not conflict directly with previous practice in similar situations, if any.

Additional Resources

1. Preparing for Immigration Enforcement: February 11, 2026 Webinar Slides
2. Preparing for Immigration Enforcement: What Businesses Should Do, and Avoid, if ICE Shows Up: January 16, 2026 The Modern Workplace Blog post
3. Employer Rights and Responsibilities – The American Immigration Lawyers Association
4. Know Your Rights Flyers: If Ice Stops You in Public, Visits Your Workplace, or Home – The American Immigration Lawyers Association
5. Recommended Documents to Carry to Show Valid Immigration Status
6. Judicial Warrants v. Administrative/ICE Warrants
7. How to contact detained loved ones
8. Childcare Safety Plan, CA
9. Bond help

Minnesota-Specific Resources

10. Stand with Minnesota
11. Minnesota Immigration Attorney Referrals
12. Minnesota Habeas Project

Presenters
Gizie Hirsh
Mark Mathison