Preparation is crucial when facing an immigration worksite enforcement action. Even if your company carefully verifies employee work authorization, Homeland Security Investigations (HSI), a federal law enforcement agency within the Department of Homeland Security (DHS), may still conduct an investigation based on a lead, complaint, or other factors. Without a worksite enforcement action plan in place, your business could face significant legal and operational disruptions.

If Homeland Security Investigations arrives at your workplace, you may follow these critical steps:

1. Contact Your Attorney

• Immediately contact your attorney upon HSI's arrival.
• The receptionist or company representative should inform the officers, “Our company policy is to call our lawyer, and I am doing that now.”
• Your attorney may be able to arrive at the worksite or speak with federal agents over the phone to provide guidance.

2. Understanding the Scope of the Operation

• Immigration officers can enter public areas of your workplace but need a valid search warrant or your consent to access non-public areas.
• Valid Search Warrant Requirements:
• Must be signed and dated by a judge.
• Includes a timeframe for the search.
• Specifies premises to be searched and items to be seized (e.g., payroll records, Forms I-9, SSA correspondence, etc.).
• Agents will serve the warrant to a receptionist or company representative before beginning their search.
• Your company can accept the warrant but does not have to consent to the search.
• HSI may require equipment shutdowns and restrict movement within the premises.
• Agents may separate employees for questioning while executing the search and seizure.

3. Employer Rights and Responsibilities

• Examine the Warrant: Ensure it is valid, signed by a judge, and within the permitted timeframe. Send a copy to your attorney immediately.
• Document the Search:
• Record the name of the supervising agent and U.S. attorney assigned to the case.
• Assign company representatives to observe and take notes on agents' activities.
• Request copies of any seized documents before they are taken.
• Compliance Without Interference:
• If a valid warrant is presented, provide access to locked facilities.
• Request reasonable accommodations for essential documents before seizure.
• Do not block or interfere with federal agents.
• Object to searches outside the scope of the warrant but do not argue with agents.
• Protect Privileged Materials:
• Inform agents that attorney-client privileged documents should not be inspected.
• If seized, document exactly which privileged materials were taken.
• Obtain a List of Seized Items: Agents must provide an inventory of confiscated materials.
• Avoid Unlawful Conduct:
• Do not provide false information or conceal employees.
• Do not shred or obscure documents.
• Do not instruct employees to refuse questioning but inform them of their rights.
• Employee Welfare Considerations:
• Enforcement actions can last hours.
• Inform agents of medical needs or urgent family responsibilities (e.g., child pickups).

4. Employees’ Rights

• Employees have the right to remain silent and request an attorney.
• If they are not free to leave, they should request legal representation.
• Employees are not required to answer questions about:
• Immigration status
• Country of origin
• How they entered the U.S.
• Employees may decline to show documents that disclose nationality or citizenship.
• If detained, ensure someone contacts their family and that they receive any owed wages.

5. Post-Enforcement Action Considerations

• HSI and the U.S. Attorney will review seized materials, and investigations can continue for months.
• Other agencies, including the Department of Labor and local law enforcement, may conduct worksite investigations.

If you need assistance with reviewing internal employment records or preparing for potential enforcement actions, please contact our immigration attorneys.