Practical Steps to Protect Your Operation When ICE Visits
For specialty crop growers, the phrase “ICE raid” can instill immediate anxiety — and with good reason. The stakes are high, misunderstanding is common, and how you respond can shape the future of your business and the wellbeing of your workforce. Understanding your legal obligations and rights is the best first line of defense.
ICE Raid vs. I-9 Audit
An I-9 audit is a formal review of your paperwork by the Department of Homeland Security (DHS), with 72 hours’ advance notice and a specific request to examine your employee eligibility forms. In contrast, an ICE raid is an unannounced enforcement action targeting unauthorized workers. Agents may appear without warning and seek access to private areas, searching for specific individuals or evidence.
Know Your Rights
Demand a Judicial Warrant: ICE agents can only enter non-public areas of your farm (beyond the office or parts open to the public) if they present a judicially signed search warrant. Administrative warrants — often used by immigration authorities — are not sufficient. Train your team to ask to see the warrant, check for a judge’s signature and exact location/people to be searched, and do not consent to broader entry.
Post Signage: Mark all private areas with signs such as “No Trespassing — Employees Only” and funnel all visitors to your main office. This limits unauthorized access and makes your case stronger if boundaries are tested.
Point People: Designate and train one staff member to interact with officials and another to ensure workers’ safety and awareness during law enforcement visits.
Protecting Your Workers
Know Your Employees’ Rights: Every person — citizen or not — has the right to remain silent, the right to speak to an attorney, and the right not to be detained without cause. Never offer your company attorney to represent your employees; a conflict of interest can harm both parties. Share contact information for local legal aid and immigrant support organizations.
Emergency Protocols: Develop and routinely practice farm-wide protocols for law enforcement visits. Employees should know to go to a specific area if ICE arrives and not to answer questions about their immigration status without legal counsel.
Documentation: Keep a log of any ICE visit, including badge numbers, warrant copies, and all seized documents or equipment. Always request a receipt for any property or paperwork taken by agents.
What Not to Do
Do not destroy or alter any documents, including I-9s, after learning of an impending audit or raid. Tampering with records can expose you to criminal penalties. Do not attempt to hide employees or lie to law enforcement.
After the Raid: Next Steps
If workers are taken from your property, have a plan to notify their family or designated contacts. Protect your business and team by updating protocols, debriefing incidents, and connecting affected employees or families to immigrant aid resources.
Building Resilience
Preparation is your strongest defense. By knowing your rights, training your staff, keeping detailed records, and fostering an atmosphere where employees understand their rights, you put your operation in the best possible position to weather the storm of immigration enforcement.
Immigration law is ever evolving. Stay engaged with farm advocacy groups and legal experts and work proactively to adjust protocols as the regulatory landscape changes. Your workers — and the future of your farm — depend on it.
ICE Visit Quick Reference: Protecting Your Farm and Workers
Audit: Written notice; 72 hours prep; paperwork review only.
Raid: Unannounced; searching for specific people or evidence.
If ICE Arrives:
- Stay calm; ask to see a judicial warrant before allowing entry to non-public areas.
- Check for a judge’s signature and read the scope — only those people/areas listed can be searched.
- Do NOT consent to any searches beyond the warrant’s limits.
- Designate one point person to interact with agents; another to coordinate employee safety.
Remind all employees:
- They have the right to remain silent.
- They do not have to answer questions about status or country of origin.
- They should ask for legal counsel before signing anything.
- Document everything: take notes, badge numbers, and request receipts for any documents seized.
This article is Part 2 of a two-part Growing Produce series on guidance for I-9 audits, ICE raids, and employer rights. Part 1 was published as part of the January issue of American Fruit Grower. Both parts draw on information shared by Brook Duer, an attorney with Penn State Dickinson Law, during a recent Penn State Extension webinar.
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