When Government Agents Visit
Immigration Enforcement Q&A for Organizations
Jennifer C. Johnson | 05.14.25
With immigration enforcement actions increasing, many organizations have questions regarding how to prepare for and handle them. Below are answers to questions we’re commonly asked.
What types of immigration visits can my organization expect and who conducts them?
Organizations should be prepared for three main types of immigration enforcement visits. Form I‑9 Inspections, conducted by the Department of Labor, Department of Justice, or Department of Homeland Security (including ICE), ensure you’ve hired only work-authorized individuals. Work Visa Compliance Site Visits, conducted by USCIS, Department of Labor, or ICE, verify work visa holders are following visa requirements
ICE Raids, conducted exclusively by Immigration and Customs Enforcement, search for unauthorized individuals and may include seizing documents immediately. Each type of visit has different documentation requirements and limitations on where agents can go within your workplace.
How should we prepare in advance?
Establish clear physical boundaries by marking non-public areas as “PRIVATE.” Designate specific individuals authorized to interact with government agents, and ensure this authority is clearly communicated throughout your organization. Maintain strict I‑9 compliance through regular audits and proper record-keeping.
What documents authorize different types of visits?
- Form I‑9 Inspection: Requires a Notice of Inspection (served 3 days prior) or a judicial subpoena/warrant.
- Work Visa Compliance: No documentation required; often unannounced.
- ICE Raid: Requires a valid judicial warrant signed by a judge or magistrate.
How should the front point person employees respond to government agents?
They should say: “I am not authorized to talk to you or let you inside. Please wait here while I notify the staff authorized to help you. They will ensure that we are in full compliance with the law.”
What should authorized representatives do when agents arrive?
Call your attorney immediately. Request and review the document authorizing the visit. Maintain professional composure throughout. Accompany agents during the visit and document everything through notes and copies.
Can agents enter any area of our workplace?
No. For I‑9 inspections, agents may only enter spaces necessary to view I‑9 records. For ICE raids, agents need a judicial warrant to enter non-public spaces, though they may enter areas open to the public. The warrant will specify which areas they may search.
What if an agent exceeds their authority?
State clear verbal objections to the agent’s action, document the incident in detail, and inform your attorney. For example: “Officer, I object to you opening that door. There is no I‑9 information in that room, and your Notice of Inspection does not allow you to search that private space.”
What actions should be avoided during a visit?
Do not become aggressive with officers. Never encourage individuals to leave the premises or hide from officers, as this could be considered aiding and abetting a crime or harboring an undocumented worker.
What’s the most important thing to remember?
Preparation is key. When in doubt, contact your immigration attorney before acting. The investment in advance preparation and professional response protocols will help protect your organization during any immigration enforcement visit.
Please note that immigration law is complex and situation specific. Always consult with an immigration attorney for guidance tailored to your circumstances. If you have any questions on any of the above information, please reach out to someone in our Immigration Law Practice Group.
DISCLAIMER: The information provided is for general informational purposes only. This post is not updated to account for changes in the law and should not be considered tax or legal advice. This article is not intended to create an attorney-client relationship. You should consult with legal and/or financial advisors for legal and tax advice tailored to your specific circumstances.