March/April 2025 Issue

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Immigration Enforcement: An Overview for Municipal Governments

Jennifer C. Johnson | 04.16.25

Local governments in Wisconsin, as well as across the country, are increasingly concerned about the possibility of immigration enforcement actions within their jurisdictions. Visits from immigration officials can create challenging situations for municipal governments, which must balance compliance with federal law, protection of community interests, and service to all residents regardless of immigration status. 

There are three broad categories of immigration-related visits that could impact municipalities: Immigration and Customs Enforcement (ICE) raids; I‑9 Investigations, and United States Citizenship and Immigration Status (USCIS) site visits.

ICE Raids

ICE raids are conducted to search places of employment to identify and potentially arrest individuals living or working in the U.S. without authorization or to immediately seize documents. This is the most intensive type of immigration enforcement visit and has the strictest documentation requirements. For an ICE raid, agents are required to provide a valid judicial warrant before entering non-public spaces without consent. A judicial warrant must be signed by a judge or magistrate from a state or federal court, not an official from Department of Homeland Security (DHS), ICE, or an Immigration Judge. Immigration agents may freely enter spaces that appear open to the public, but they require proper authorization for private areas unless someone gives consent or invites them inside. 

ICE raids are conducted exclusively by ICE agents, not other immigration agencies. The judicial warrant will specify what areas agents may enter and search, and the actions the agents may take. Municipal officials have the right to object to agent actions that go beyond what is written in the warrant.

Form I‑9 Inspections

Form I‑9 inspections are focused on ensuring municipalities, as employers, have hired only individuals who are authorized to work in the United States. For these inspections, agents are required to serve a ​“Notice of Inspection” three days before arrival or provide a judicial subpoena or warrant on the day of arrival. 

These inspections may be conducted by agents from various federal agencies, including the Department of Labor, the Department of Justice, or DHS, including ICE. 

The scope of these inspections is limited. Agents may only request employer Form I‑9 records and may only enter the space necessary to view Form I‑9 records, as provided by the Notice of Inspection, subpoena, or warrant. Municipalities can often avoid an in-person visit
by delivering the requested documents within three days of receiving a Notice of Inspection.

USCIS Compliance Site Visits

Work visa compliance site visits are conducted to ensure that work visa holders employed by the municipality are following the requirements of their visa type, and the employment is consistent with the visa application. During these visits, agents may interview the employer and
employee(s) and/​or request documents related to the visa holder’s employment.

Unlike other types of visits, agents conducting work visa compliance checks are not required to present any document to conduct the visit, which is frequently unannounced. USCIS maintains that employers consent to compliance visits when they sign work visa applications.

These visits may be conducted by agents from USCIS, DOL, or ICE. However, they only affect municipalities that sponsor certain work visa types, such as H‑1B, L‑1, and STEM OPT. Agents may only request information related to work visa compliance, not broader immigration enforcement activities.

Navigating Immigration Site Visits

In order to successfully navigate interactions with federal officials over immigration issues it is important to
keep several principles in mind. 

First, remember that municipalities have obligations to serve all residents regardless of immigration status. Having clear policies in place about what information is collected from residents using municipal services can help avoid creating unnecessary records that might later be subject to immigration enforcement requests.

Second, be aware that certain municipal facilities like schools, libraries, and community centers may qualify as ​“sensitive locations” where ICE enforcement actions are generally avoided, though not prohibited. Understanding this policy can help municipalities prepare appropriately for potential enforcement actions in different facilities.

Third, develop clear policies regarding the role of local police in immigration enforcement. Municipalities should establish and communicate their stance on cooperation with ICE detainers and information sharing. These policies should be consistent with state and local laws regarding immigration enforcement cooperation.

Fourth, since municipal meetings are typically open to the public, be aware that immigration agents may attend these meetings. Ensure staff understand protocols for such situations, particularly regarding public comment periods and private sessions.

Finally, local governments should prepare in advance of these encounters with federal immigration officials by taking a few simple measures:

Establish physical boundaries within municipal facilities by marking all non-public areas as ​“PRIVATE” or ​“ENTRY PERMITTED BY APPOINTMENT ONLY” using visible signage. This practice will create a critical legal boundary that immigration enforcement must respect.

Designate authority by identifying specific individuals authorized to interact with ICE or other immigration agents. Whether it’s your city manager, mayor, police chief, or a designated team, these designations should be communicated throughout your municipal departments in advance.

Maintain all I‑9 forms current and properly completed. These forms should be stored separately from personnel files to facilitate easier access during an inspection while protecting other employee information.

Establish clear response protocols in place for all staff members. Different protocols should be established for employees not authorized to interact with immigration officials and for those designated as authorized representatives.

All of these measures can be developed and implemented with best practices that are ideally developed in consultation with your municipal attorney and an immigration attorney. Effective preparation for potential immigration enforcement visits requires attention to practical logistics, specific documentation practices and ongoing training efforts. These preparations can make the difference between a chaotic, potentially problematic encounter and a controlled, compliant response.

While every immigration enforcement situation is unique, preparation and proper response can significantly impact how the visit unfolds and how the agency treats the municipality following the visit. Understanding the different types of immigration enforcement visits, recognizing the documents that authorize them, and following appropriate protocols can help municipalities navigate these complex situations effectively.