Last week, Senator Collins announced a pause on "enhanced operations" in immigration enforcement in Maine after a two-week surge in the State. While it is unclear how U.S. Immigration and Customs Enforcement (ICE) activity in Maine will look moving forward in 2026, the recent increased activity in cities and towns across the country has prompted many employers to take a closer look at how they prepare for, and respond to, interactions with ICE officials. A calm, informed, and legally compliant response is critically important in the event of enforcement action in the workplace. Advanced planning and clear, intentional protocols simultaneously protect your organization and help to minimize operational disruptions, while supporting your employees.

Advance Preparation

Proactive planning, training, and clear internal roles and protocols are essential to managing a non-escalatory response to any ICE presence in the workplace, and ensuring employees understand their roles and rights.

Key measures to make sure your organization has in place:

• Compliance with I-9 requirements.
• Designate at least two managers per location to interact with ICE personnel. Ensure all employees are aware of who the designated managers are, how to contact them, and emphasize that no one else is authorized to interact with ICE personnel.
• Consider adding signage to designate certain offices and areas as PRIVATE/NO ACCESS.
• Coach managers on how to address employee fears in a neutral, supportive manner.
• Instruct managers not to physically interfere with ICE or escalate the situation.
• Instruct managers not to hide employees, shred documents, or provide false information.
• Advise employees that, in the event they are questioned by ICE, they may choose whether to speak with ICE but are not required to do so without legal counsel.
• Instruct managers to log anything taken, the names of everyone who is interviewed, and take photos of identifying badges.
• Monitor social media and press coverage.

Upon ICE Arrival

Recognizing that anxiety may be high when immigration officials arrive on site, with proper preparation, employees will understand the critical steps to follow to ensure a calm, professional interaction.

• Stay calm and professional.
• Verify credentials of ICE officials. Record identifying information and take photos of identifying badges.
• Unless you are a designated company representative, be clear you cannot help them but that you will get someone who can assist them.
• Do not verify any names of employees, family members, residents or affiliates, or the immigration status of any employee.
• Request to see warrant.

Warrant Review

Immigration officials do not need a warrant to access areas that are open to the public, including lobbies and parking lots. If there is no warrant, agents are not granted access to your employees, documents, or non-public areas. If agents present a warrant, it’s important to understand the differences between a judicial warrant and an administrative warrant.

A Judicial warrant is a formal written order authorizing an arrest, seizure, or search:

• Must be issued by a judicial court and signed by a judge.
• Must specify location (make sure address and information pertains to your company), timeframe, and items to be searched or seized.
• If the warrant is missing any of the above, lists a different address, or is being executed after the date specified in the warrant, then it may not be valid.
• If the warrant includes all of the above, then it is likely a valid judicial warrant.
  • If you have any questions about the legality of the documents or how ICE agents are conducting themselves, contact your legal counsel.
• Cooperate within the limits of the warrant.
• Designate a liaison to follow ICE throughout the site. This individual should not interfere with officers’ search and seizure as long as it falls within the scope of the warrant.
• Record details of the search.
  • Log anything taken.
  • Log the names of everyone interviewed.
  • Request a copy of warrant and any inventory of seized items.
• Request to copy seized documents.

An administrative warrant is a formal written document authorizing a law enforcement officer to make an arrest or a seizure, not a search.

• Is issued by a DHS agency (look for a DHS seal, label and/or the form number DHS Form I-200, “Warrant for Arrest”; or Form I-205, “Warrant of Removal/Deportation”)
• Is signed by an immigration officer or immigration judge.
• States that the authority to issue the warrant comes from immigration law, such as the Immigration and Nationality Act, and does NOT state that the issuing authority it a court.
• An administrative warrant does not grant access to non-public areas.

ICE Notice of Inspection

As the principal investigative arm of the Department of Homeland Security, ICE is authorized to inspect the I-9 forms of your employees. Employers have three business days to respond to a Notice of Inspection (NOI), but it’s important to note that ICE may ask you to waive the three-day period and may not wait before commencing a search. Upon receipt of the NOI, immediately notify your legal counsel and prepare all current and recent I-9 forms, any supporting documents (list A/B/C), payroll and E-Verify Records, and all business ownership and structure documentation. You should keep all employee I-9s separate from personnel files in a dedicated binder.

What to do after an ICE visit

Navigating the aftermath of an ICE visit requires balancing ongoing business operations with appropriate support for your employees. Some best practices include:

• Conducting a debriefing with key personnel to document the events.
• Contacting legal counsel for follow-up guidance and to assist with any follow-up document production requirements. 
• Managing post-raid internal and external communications.
• Providing necessary support to affected employees.
• Taking the time to review and revise your action plan based on new developments or legal requirements.

If you have questions about workplace immigration enforcement, ICE inspections, I-9 compliance, or how to prepare your organization for a potential visit, please contact Brooke Haley or another member of our employment law team.