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After weeks of heightened immigration enforcement activity in Minnesota, anxiety has spilled into the workplace. Employees at companies, including Google and Target, have pressed leadership for clarity and protection amid fears of potential Immigration and Customs Enforcement raids. The questions landing on HR’s desk are no longer hypothetical: If federal agents show up at the office, what—legally and practically—should leaders do?
The answer hinges on the paperwork in an ICE agent’s hand, says Corie Anderson, a Minneapolis-based attorney at Ogletree Deakins. She urges companies to prepare for that moment by understanding three key types of documents, each carrying very different legal implications for what employers must, and don’t have to, allow.
1) Notice of inspection (I-9 audit): If agents request employment eligibility verification forms, known as I-9s, employers typically have three days to comply. That window is critical. HR leaders should avoid inadvertently waiving it in the rush of the moment, Anderson says, and use the time to coordinate with counsel and ensure records are in order.
2) Administrative warrant: This warrant authorizes an arrest or a seizure but not a blanket search of private workplace property. ICE agents cannot enter non-public spaces without employer consent.
Anderson recommends clearly designating private areas with signage, such as “Authorized personnel only.” Importantly, employers are not required to retrieve an employee from a private area and deliver them to ICE agents waiting in public areas, she says.
3) Judicial warrant: Typically signed by a judge, a judicial warrant permits entry to the workplace. Employers should not obstruct it, but they can manage the process. For example, they can escort the named employee to a conference room, potentially limiting disruption and preventing agents from moving unaccompanied through the building.
Worker protections get a bit murkier in privately-owned spaces that are open to the public for business purposes, such as big-box retailers like Home Depot or a Target store. With the proper warrants, ICE can make arrests in public areas.
Managers may ask agents to leave, but Anderson recommends a more comprehensive approach: Document the interaction, take notes on agents’ actions, and ensure employees understand their rights. Companies should also maintain updated emergency contact information in case a worker is detained.
Above all, Anderson advises that organizations have clear internal protocol before agents ever appear. Identify who must be notified, including legal counsel and senior leadership, and train front-desk staff and managers on how to respond, she says.
“The best thing that management and HR can do is be prepared, hope for the best, and plan for the worst,” Anderson said.
Kristin Stoller
Editorial Director, Fortune Live Media
kristin.stoller@fortune.com
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