Following the news of U.S. Immigration & Customs Enforcement (ICE) raids in Nebraska and Minnesota on facilities that included vegetable, livestock and grain processing plants as well as farms and ranches, the American Dairy Coalition issued the following guidelines from its general counsel, Michael Best, on what a business should do if ICE shows up.
How to handle an ICE visit: Pre-arrival
• Have pre-visit protocol in place, such as who will meet with the government officials, contact numbers for priority contacts (attorney, owner, managers).
• Train the receptionist and any staff who normally meet visitors on the visit protocols.
How to handle an ICE visit: Arrival
• Ask agents why they are at the business.
• Ask agents for identification, badge number and business card.
• Ask if agents can wait for the owner, manager or attorney to arrive or be present via telephone.
• Have agents wait in a waiting area or other non-production space.
• Immediately contact the owner, manager and/or attorney.
How to handle an ICE visit: Request for documents, person
• Agents may want to apprehend a person; ask to see arrest warrant.
• Bring the listed person to agents, if possible.
• Agents may ask for documents; ask to see subpoena or search warrant.
• Limit access to only the location or documents listed on the warrant.
• Make a copy of any documents before agents remove the documents.
• Accompany agents at all times.
How to handle an ICE visit: I-9 audit
• If agents request I-9 forms, they should provide a “Notice of Inspection” to you or a subpoena.
• You have three days to provide I-9 forms after receiving a Notice of Inspection.
• Contact legal counsel immediately to discuss the timing/location of I-9 turnover and possible corrections to I-9 forms.
• Locate I-9 forms; review; make corrections if needed.