Federal Immigration and Customs Enforcement (ICE) or other federal law enforcement are gearing up for raids on California businesses in light of new immigration enforcement priorities. This is what you need to know to comply with both state and federal law.

On January 20, 2025, President Trump issued an executive order that declared a National Emergency at the United States’ southern border. This new executive order directs additional federal funding for border security and the deployment of armed resources to the region. On January 21, 2025, the acting Secretary of the Department of Homeland Security issued a directive rescinding the Biden administration’s policy restricting immigration enforcement near sensitive locations (such as churches, schools, and hospitals). News sources now report that federal agencies like ICE, the U.S. Marshals Service, ATF, DEA, FBI, and others are coordinating to conduct large scale immigration raids across the country, including California—which the Pew Research Center estimates is home to some two million undocumented individuals.

With these shifts in the legal landscape in mind, employers should be prepared to balance the often complex and ever-changing interplay between California and Federal law regarding their responsibilities and requirements on immigration and compliance, including how to best prepare for I-9 document audits, ICE raids carried out on their premises, and potential penalties and litigation that could arise from such contact.

Additionally, in an environment in which qualified and reliable employees are difficult to find and the pace of business is intense, disruption in operations or personnel can be very difficult to weather. The quicker and easier an employer can manage a raid, therefore, the better it is for your business and your employee morale.

Unlike an I-9 Audit, which requires notice be given to the employer, ICE typically arrives with little to no advance notice when conducting a raid. And they are rarely upfront about who they are or why they are there, until your employee is already signing an I-200 Form. Prior to joining Scali Rasmussen, some of our attorneys worked as AUSAs (Assistant U.S. Attorneys) and have defended ICE agents. This expertise allows them insight into the ICE playbook and the extent and limits of its authority, all of which allows us to best prepare you and your team for a favorable outcome in the event of a raid. Replacing employees can cost companies time, energy and expense and we want to make sure all your compliance indicators are neatly squared away, to ensure the most favorable outcome.

Your ICE Response plan should include a set of policies and procedures and training of employees so that everyone is informed of their rights and responsibilities. Elements of a good ICE Response Plan start well before ICE agents arrive and include:

• The safeguarding of immigration status documentation. I-9s and other documents related to immigration status should be maintained in a separate file from other employee/employment documents.
• Know Your Legal Rights and Responsibilities. In California, employers have a variety of rights and responsibilities, including those related to:
  • Documents and information employers can and cannot provide about their employees;
  • Access to non-public areas;
  • Handling warrantless searches in public areas;
  • Responding to a judicially authorized search; and
  • Supporting employees who may be reluctant to seek help
• Training of your employees on their legal rights and obligations. Employers may remind employees of their rights, including the right to an attorney, the right to remain silent, the right to decline answering questions about immigration status, origin, or entry into the United States. But it is important that you do not instruct your employees on how to respond.
• Identification of the Response Team. Your response team should include management, legal counsel and employee or union representatives (if any). Individuals should be assigned contact duties, both internally and with ICE, and should be trained on how to perform their duties as a team member. Your response team should be trained on the response plan.
• Developing elements of a Response Plan. Your Response Plan should include: channels of communication and responsibilities for internal communication and communicating with ICE agents, outline the details that should be gathered from ICE agents, a specific location where ICE agents can wait with minimal disruption, and procedures for what to do when ICE enters the workplace, as well as policies and procedures related to your legal rights and responsibilities described above.

Please contact experienced employment counsel in order to discuss and develop policies and procedures, and to develop an ICE Response Plan and training program so your managers are prepared to deal with an inevitable ICE contact.