In the past year, Immigration and Customs Enforcement (ICE) workplace enforcement actions have surged nationwide. Alabama businesses — particularly those in agriculture, construction, hospitality and manufacturing — should be especially vigilant. An ICE raid can disrupt operations, expose the company to liability and create confusion among employees if no one knows how to respond. Here’s what Alabama employers need to know about handling a raid lawfully while protecting their rights.

First of all, ICE must have a warrant to enter your premises. Administrative warrants (Forms I-200 or I-205) are signed by ICE, not a judge. They do not authorize agents to enter non-public areas of your business without consent. Judicial warrants, on the other hand, are signed by a federal judge and give ICE authority to enter private areas listed in the warrant.

What companies should do during an ICE raid

  • Ask for identification — Find out the agents’ names, badge numbers or other identifiers.

  • Verify the warrant — Train managers to ask to see the warrant, read it carefully, check whether it’s administrative or judicial, what areas it covers and who is named.

  • Allow access only to the areas authorized — Public areas are fair game, but private offices, back rooms and employee-only spaces require a judicial warrant or your consent.

  • Designate a point-of-contact — A trained manager or HR representative should communicate with agents to avoid mixed messages.

  • Inform workers of their rights — These include the right to remain silent and to decline signing documents. 

  • Document everything — Note the time ICE arrived, where they searched and what they seized.

  • Contact legal counsel immediately — Real-time guidance can prevent costly missteps.

What companies must not do during an ICE raid

  • Do not interfere with agents — Blocking access, arguing or hiding employees can lead to criminal charges.

  • Do not give consent beyond the warrant — Voluntarily expanding access exposes the business to additional risk.

  • Do not destroy or alter documents — This is a federal offense and often more damaging than the underlying issue.

  • Do not misrepresent facts — False statements to federal agents carry serious penalties.

A thoughtful post-raid strategy is also important. Once the ICE agents leave, employers should:

  • Conduct an internal review of the events with an attorney

  • Secure copies of any documents provided or seized

  • Assess potential I-9 compliance issues

  • Prepare for follow-up audits, subpoenas or interviews

  • Update or implement an ICE response plan and train supervisors accordingly

ICE raids are disruptive, but understanding your rights and taking proper action can get you through them with less risk of rights violations. Working with experienced civil rights counsel to develop a customized response protocol is one of the most effective steps a company can take. A clear plan protects the business, its employees and its legal position.

McGuire & Associates in Montgomery advises Alabama residents and businesses concerning protection against civil and constitutional rights violations. To learn how our firm can best meet your particular legal needs, call us at 334-781-6091 or contact us online.