According to the National Law Review, “... there are multiple avenues by which a generally law-abiding employer may find itself unknowingly employing an unauthorized worker.”

For example, workers might present fraudulent documentation for the Form I-9 employment eligibility verification required during onboarding, or their authorization to work as a non-citizen might have lapsed since the employer filed the Form I-9.

U.S. Immigration and Customs Enforcement agents can visit workplaces without warning to verify employees’ right to work.

Based on information available from a variety of sources dealing with the law and immigration, including the National Law Review, National Employment Law Project and National Immigration Law Center, and Roe Law Group, employers can take steps to be sure they’re prepared.

• Make a plan and practice it. Have a designated person who is knowledgeable about employers’ rights to serve as the point of contact during any law enforcement interaction until legal counsel can be contacted.
• Keep on hand Form I-9 documentation for all employees. Review the records periodically to identify and correct discrepancies.
  If agents visit, stay calm. Don’t rush to the exits, which could signal you have something to hide.
• Verify agents’ identity and intent. Do they represent ICE? Are they police officers? Are they seeking to audit Form I-9 records? Searching for a particular person?
• ICE agents can enter public areas, such as the lobby of a molding shop, but may not enter non-public areas without a judicial warrant signed by a judge. Mark such areas as “Private.”
• If ICE agents produce a warrant that has not been signed by a judge, such as an administrative warrant, employers do not have to provide access to private areas or particular employees.
• Read any warrant that’s produced to be sure ICE agents are complying with it.
• Be respectful. Never attempt to block an ICE agent’s movements.
• Employers who believe ICE is exceeding its authority can voice objections and make clear their company does not consent to ICE actions. However, no one should argue or physically interfere with an agent.
• Do not hide employees, destroy documents or provide false information.
• Train workers not to interact with ICE. Workers can tell ICE agents attempting to enter the workplace, “I can’t give you permission to enter. You must speak with my employer.” Employers can say, “I am the employer. You cannot go to private areas of the workplace without my permission.”
• Keep employees in the loop. If your business has a union, notify the union of any ICE visit. Research local resources available to immigrants, and consider providing training to employees on knowing their rights.Consider giving reasonable leave to any detained employees.
  Individuals have the right to remain silent. They also have the right to an attorney before signing any paperwork produced by ICE.
• If ICE agents detain a worker, ask where he or she is being taken. This information will help the worker’s family and lawyer locate the individual.
• Document everything. Save any company surveillance footage taken during an ICE visit, or consider taking video personally.
• If issues arise, follow up with an attorney.