It’s Tuesday afternoon and you just got back to work after grabbing an iced protein coffee and sandwich from Peets for lunch.
Fueled by caffeine and carbs, you start preparing for tomorrow’s operations meeting when someone at the front desk calls in a panic: “ICE is here.”
Your stomach drops.
You make your way to the front lobby. Employees glance at you with wide eyes, waiting for your reaction.
Your mind is racing. What do you do? What are your rights?
And most importantly: how do you protect your employees while staying on the right side of the law?
The best way to handle California ICE raids is to be prepared—and that starts with understanding your rights and responsibilities as an employer.
Understanding Your ICE Raid Rights and Responsibilities as an Employer
With the largest immigrant population in the U.S., California businesses face real concerns about immigration enforcement. This is especially true in industries with diverse workforces like agriculture, manufacturing, construction, and general services.
California is home to 10.6 million immigrants—22% of the foreign-born population nationwide.
Source: Public Policy Institute of California
With ICE audits and workplace raids making headlines, many employers are doubling down on understanding their responsibilities.
To help you stay prepared, here are some of the most important questions California businesses need to consider when it comes to immigration enforcement.
1. Can ICE Just Walk In and Start Rounding People Up?
Short answer: No. ICE agents can’t simply stroll into your workplace and detain employees without proper legal authorization.
If ICE conducts a business raid, they must have a judicial warrant to enter non-public areas (like back offices or employee-only zones).
Under California law (AB 450), employers (both public and private) are actually prohibited from allowing ICE access to non-public areas or employee records without a warrant or subpoena.
Source
If ICE is conducting an I-9 audit, they will give you a Notice of Inspection (NOI). You legally have three business days to gather and submit the requested documents.
2. Can We Say “No” to ICE?
Yes! If ICE agents show up without a warrant, you do not have to provide voluntary consent and let them into non-public areas of your business.
But here’s where it gets tricky: There are two types of warrants.
- Administrative Warrants (issued by ICE) are not enough to grant access to private areas.
- Judicial Warrants (signed by a judge) are enforceable, and you must comply.
3. What Do We Have to Tell Employees If ICE Comes Knocking?
How and when you communicate with employees depends on the type of visit—whether it’s an audit or an unexpected raid.
Understanding the difference is key to ensuring compliance and protecting your workers.
If You Were Provided With A Notice Of Inspection
California law says you must notify your employees within 72 hours if ICE issues an audit notice.
The notice is typically for an inspection of I-9 forms or other employment records such as payroll data, quarterly wage and hour reports, or e-verify correspondence from the Social Security Administration.
The notice to employees has to include:
- A copy of the Notice of Inspection.
- The name of the immigration agency conducting the inspection (ICE, DHS, USCIS)
- The date you received it.
- The inspection date and location.
- The nature of the inspection to the extent known.
If you don’t notify your employees, you could face state fines—so don’t skip this step.
If You Were Not Given Advance Notice
In the case of a raid, no advance notice is given. If you’ve confirmed that a judicial warrant has been issued, here’s what to tell employees:
- Remain calm. Do not try to run or hide.
- Remind them of their right to remain silent and to request an attorney.
- They are not required to hand over IDs or immigration documents.
- Do not interact with ICE agents; instead direct them to the designated manager in charge.
- It’s important to practice these situations to be prepared, just like a fire drill.
4. Are Our Employee Documents Up to Snuff?
One of the best ways to avoid issues with ICE business raids is to keep your paperwork in order. That means:
- Conducting regular I-9 audits to catch and correct mistakes before ICE does.
- Ensuring employees complete Section 1 of the I-9 form on their first day, and that HR properly fills out Sections 2 and 3.
- Avoiding extra-document requests—you can’t ask for more paperwork than what’s required under federal law.
- Setting calendar reminders for when employee work authorization documents need re-verification.
Think of your I-9 forms as your first line of defense—treat them with care.
5. What Happens If We Don’t Follow the Rules?
Ignoring immigration laws during ICE business raids can come with some pretty hefty consequences:
- Fines ranging from a few hundred to thousands of dollars per violation.
- Criminal charges if you knowingly hire unauthorized workers.
- Lawsuits from employees if you violate California labor protections.
- Penalties under AB 450 if you allow ICE access without proper documentation.
Bottom line? Knowing the law isn’t just about compliance—it’s about protecting your business.
6. How Can We Support Our Employees Without Breaking Any Laws?
Even the rumor of an ICE raid can create fear in the workplace. Here’s how you can reassure and support your employees:
- Educate them on their rights, including the right to remain silent and the right to legal counsel.
- Provide access to legal resources, such as immigration attorneys or workers’ rights organizations.
- Create a response plan so managers and HR staff know exactly what to do if ICE visits.
- Encourage open communication so employees know they have support.
Your employees look to you for leadership—having a plan in place can make all the difference.
7. How Have Immigration Laws Changed Recently?
Immigration policies are always evolving, which makes it tough for businesses to stay up to date. Some recent changes that affect California employers include:
- More I-9 audits instead of surprise raids.
- Higher penalties for knowingly hiring unauthorized workers.
- California’s strengthened worker protections (like AB 450 and SB 54) that limit local cooperation with federal immigration authorities.
It’s a lot to keep up with, so staying informed is key.
8. What Happens After an ICE Visit?
Whether it’s a raid or an audit, the aftermath can be disruptive. Key employees may be detained, morale may take a hit, and uncertainty can spread.
How to navigate it:
- If it was a raid, document everything. Take note of things like the number of agents, what they said to you or your workers, and whether anyone was mistreated.
- Hold a team meeting post-incident to answer questions and reinforce workplace rights.
- Have a staffing contingency plan in place in case key employees are impacted.
- If an audit was performed, you must provide the results to each current affected employee within 72 hours of receiving the results.
- Consult with legal experts to ensure ongoing compliance and protection.
The immediate chaos may subside, but there is additional important work to be done after ICE leaves.
How Staffing Agencies Can Help Employers in Uncertain Times
No business owner wants to think about a day when their workforce is suddenly disrupted, but in high-risk industries like agriculture, manufacturing and production, and construction, the possibility is real.
This is where a staffing agency can be your safety net by offering:
- Legal Compliance Support: Top-tier staffing agencies follow strict hiring and employment verification procedures, reducing your compliance risks.
- Rapid Workforce Replacement: If an enforcement action leaves you short-staffed, a staffing partner can provide temporary or long-term workers fast.
- Risk Mitigation: Staffing firms shoulder much of the legal burden by handling payroll, taxes, and compliance paperwork.
When uncertainty strikes, having the right support and a resilient workforce can make all the difference.
Be Prepared, Not Panicked
An ICE visit is stressful, whether you had notice or not. But it doesn’t have to be a disaster.
So take a deep breath, a sip of caffeinated courage, and repeat after us: You can survive this situation with confidence.
By being prepared, you can protect both your employees and your business:
- Know everyone’s rights and responsibilities.
- Keep your employee paperwork clean.
- Have a plan in place before you need it; train your team regularly.
- Support your employees through uncertainty.
And when in doubt? Get legal support and work with a staffing partner like Helpmates who can help keep your workforce steady—so you’re never caught off guard.
