Increase in ICE Raids Concerns Employers

A significant ramp-up in worksite ICE raids requires a careful, measured response from employers.
By: | September 24, 2018 • 3 min read
Topics: Employment Law
ICE raid

On the eve of Labor Day weekend, nearly 300 federal agents from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations descended upon Load Trail LLC, a Sumner, Texas-based trailer manufacturer, executing criminal search warrants and detaining 160 employees on federal immigration violations for unlawfully working in the United States. The raid was just the latest in a series of large-scale enforcement actions undertaken by the agency.

In early August, ICE agents executed federal search warrants and criminal arrest warrants as part of a multi-state operation targeting numerous agricultural firms in Nebraska, Minnesota and Nevada. The raids resulted in the arrest of 133 immigrant workers and 17 individuals said to be involved in a criminal conspiracy to exploit such workers for profit. In June, ICE agents swarmed two locations of Corso’s Flower and Garden Center, an Ohio-based gardening and landscaping company, arresting 114 workers for allegedly being in the country illegally. That same month, agents arrested nearly 150 workers, mostly hailing from Guatemala, for gaining employment using stolen or fraudulent identification at Fresh Mark, an Ohio-based meat supplier.

On Sept. 6, ICE agents raided Yarrabee Farms, a Brooklyn, Iowa, dairy farm most recently in the news because Cristhian Bahena-Rivera, an undocumented immigrant and accused killer of college student Mollie Tibbetts, worked there under a false identity. The company issued a statement, confirming that ICE investigators were on-site for two hours, meeting with employees and owners. So far, the agency has not commented on the apparent action, including whether any workers or company officials were arrested or detained.

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Danielle Bennett, spokesperson for ICE, asserts that politics are not a factor and the agency is merely enforcing laws that have long been on the books. However, there’s no denying that worksite raids have increased drastically since Trump took office, a fact the president regularly touts in rallies and speeches. According to Alka Bahal, partner and co-chair of the corporate immigration practice at Fox Rothschild, this latest round of workplace raids serves as a visible demonstration of the administration’s determination “to seek out illegal aliens anywhere and everywhere they can find them.”

“Certainly, the Trump administration is much more committed to locating and physically removing from the United States illegally present foreign nationals, whereas in the Obama administration, it was much more about removing the incentives that allowed or enticed these kinds of individuals to come to the U.S. and gave them the infrastructure within which to survive here,” says Bahal. “The raid, which is where ICE shows up at your worksite, not just to inspect your records, but to physically find, arrest, and remove the foreign nationals, is a much more aggressive approach.”

Numerous factors lead ICE to conduct a worksite enforcement action—the agency does not use the term “raid”—including potential wrongdoing discovered during an audit, a tip from a former employee, or violations that come to light during the course of a different agency’s investigation, such as a Department of Labor investigation into unsafe working conditions, according to Bennett. She recommends any employers that are concerned about the prospect of becoming the target of an enforcement action take extra steps to ensure they are “on the right side of the law.”

“If you are going everything right, you should not expect any kind of criminal enforcement action,” Bennett says.

Bennett recommends enrolling in the agency’s voluntary IMAGE (ICE Mutual Agreement between Government and Employers) program, designed to help companies reduce unauthorized employment and the use of fraudulent identity documents. Through the program, ICE and U.S. Citizenship and Immigration Services provide education and training on proper hiring procedures, fraudulent document detection and use of the E-Verify employment eligibility verification program.

According to Jessie Hahn, a labor and employment policy attorney with the National Immigration Law Center, membership in the IMAGE program did not help Fresh Mark avoid the raid that culminated in the detainment of 150 of its immigrant workers. While Bennett is quick to point out that IMAGE members are not immune from ICE scrutiny or prosecution for workforce compliance violations, Hahn believes all employers need to prepare for the possibility of an ICE raid. At particular risk are small rural employers, she says, where ICE agents may believe they are “less likely to face resistance and where employees may have a reduced ability to retain legal counsel.”

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