04/01/2026 If ICE agents arrive at a construction site, restaurant, or office, the actions of both employers and employees can have legal consequences. The first question is: what is the purpose of their visit and what documents do they present? This determines the next steps. Two main scenarios 1. Employer documentation audit Usually begins with a Notice of Inspection for I-9 forms. The employer is not required to immediately provide documents on-site. ICE serves a Notice of Inspection, and the employer has at least 3 business days to provide requested documents. In California, employers must notify employees within 72 hours. 2. Targeted detention If ICE is looking for a specific individual, this is enforcement action. This may be based on Form I-200 or a removal order. Access to non-public areas In California, employers cannot allow ICE into non-public areas without a judicial warrant. This includes construction sites, warehouses, and back offices. Important: Administrative warrants (e.g., Form I-200) do NOT grant entry. Only judicial warrants do. What employers should do • stay calm and clarify purpose • request documents • verify if there is a judicial warrant • deny access to non-public areas without it • do not provide documents outside legal procedures • contact an attorney immediately If an employee is detained, notify family if consent/contact info exists. What employers must NOT do • hide employees or help them escape • provide false information • share employee records unlawfully • allow entry without a warrant • answer questions about immigration status Violations may be considered obstruction or harboring (8 U.S.C. § 1324). Manager’s role Managers are not required to act as intermediaries. They should: • not physically interfere • not consent to entry • not provide documents unlawfully • not disclose information unnecessarily • notify legal counsel • document the situation Employee rights Employees have the right to: • remain silent (Fifth Amendment) • not answer status questions • not sign unknown documents • not sign voluntary departure without a lawyer • speak to an attorney • refuse searches without legal basis In practice • do not attempt to flee • do not provide false info • do not show fake documents • request to contact an attorney or family ⸻ This information is for general purposes only and is not legal advice.