Nationwide ICE Raids Underway: How to Respond in Public Spaces, Private Homes, and Workplaces

As U.S. immigration enforcement continues to intensify, the Immigration and Customs Enforcement agency (ICE) has significantly increased its nationwide activities, including unannounced workplace visits and enforcement actions in public and private settings. These developments have impacted a growing number of immigrants and employers alike. Regardless of one’s immigration status, understanding your legal rights and appropriate response strategies is essential to protecting both individual liberty and business interests.

This article outlines recommended legal responses in three core settings where ICE enforcement may occur: public spaces, private residences, and workplaces. Both individuals and employers can benefit from being prepared to assert their rights and respond appropriately. If you or your business have questions regarding ICE inspections or related enforcement matters, please contact the ILS Immigration team at contact@consultils.com.

What Is ICE?

ICE (Immigration and Customs Enforcement) is a federal law enforcement agency under the U.S. Department of Homeland Security (DHS), responsible for enforcing immigration and customs laws. Its primary functions include:

• Arrest authority

• Search authority

• Enforcement of immigration laws

• Worksite compliance inspections

• Interstate enforcement powers

  
  

While ICE can conduct operations in public areas such as streets, subways, malls, and transit hubs, its activities were previously restricted by the "sensitive locations" policy, which prohibited enforcement in places like churches, schools, and hospitals—except in emergency situations. However, on January 20, 2025, the Trump administration rescinded this policy and issued an undisclosed directive allowing ICE officers to act in these locations based on their "judgment," increasing the risks for immigrant communities seeking basic services.

ICE vs. Local Police

ICE: As a federal agency, ICE operates across state lines to enforce the Immigration and Nationality Act (INA). Its work focuses on identifying, arresting, and deporting undocumented immigrants.

Local Police: Operating under state or local law, police departments are responsible for general public safety—fighting crime, enforcing traffic laws, and maintaining public order. They are not primarily focused on immigration enforcement.

Category	ICE	Local Police
Governing Authority	Federal immigration enforcement agency	Local or state government
Scope of Duties	Immigration status, visas, unlawful presence, etc.	Public safety, traffic control, criminal investigations
Authority to Enter a Residence	May only enter with a judicially signed search or arrest warrant	May have broader authority to enter in emergencies or with a judicial warrant
Common Questions Asked	Place of birth, manner of entry, visa status	Driver’s license, vehicle information, etc.

The Role of Sanctuary States

States such as California, New York, Colorado, Connecticut, Illinois, Massachusetts, New Jersey, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia are considered "sanctuary states." These jurisdictions have enacted laws limiting cooperation between state/local agencies and federal immigration authorities like ICE.

• California prohibits the use of local resources to assist ICE and forbids local law enforcement from executing federal immigration detainers or participating in routine immigration checks.

• New York mandates that state agencies and employees do not share immigration information or assist ICE unless there's a valid arrest warrant or a serious criminal case.

  
  

If Stopped by ICE in a Public Place

ICE has the authority to make arrests in public areas when there is reasonable suspicion or a valid arrest warrant. If you are stopped by ICE on the street, subway, or in a public place:

✅ You have the right to remain silent – Under the Fifth Amendment, you do not need to answer questions about your immigration status, birthplace, or entry. You may state:“I choose to remain silent and want to speak to a lawyer.”

✅ You may refuse a search – ICE cannot search you or your belongings without a valid warrant. You can say:“I do not consent to a search.”

✅ Ask if you are free to go – If ICE says you may leave, walk away calmly. If they say no, remain silent and request an attorney.

❌ Do not provide false documents – Presenting fake IDs or records can result in serious legal consequences.

❌ Do not lie or volunteer information – What you say can be used against you.

❌ Do not run – Running may be perceived as evasion and worsen the situation.

If ICE attempts to make an arrest in public:

✅ Keep your hands visible

✅ Say: “I choose to remain silent.” or “I want to speak to a lawyer.”

✅ You may be eligible for bond if detained

❌ Do not resist, push, or flee

❌ Do not sign any documents, especially those waiving your rights, before consulting a lawyer

If ICE Comes to Your Home

ICE cannot enter your private residence without a judicial search or arrest warrant. Administrative warrants issued by ICE (e.g., Form I-200 or I-205) do not grant legal entry into your home.

✅ If ICE is at your door, remain silent and do not provide information or documents

✅ Do not open the door – Speak through the door or intercom and request to see the warrant

✅ Take photos or write down details – A valid judicial warrant must include a judge’s signature, the place to be searched, and the person to be arrested (Only a judge-signed warrant grants ICE legal entry into a private home. ICE-issued administrative warrants do not)

✅ You may record or take notes – In most states, you have the right to document enforcement actions

If ICE forces entry:

✅ Clearly state: “I do not consent to this entry. I want to speak to a lawyer.”

✅ Record details such as officer names and badge numbers

❌ Do not engage physically

❌ Do not sign anything before speaking to an attorney

If ICE Raids the Workplace

ICE has been expanding worksite enforcement across the U.S. Employers should proactively prepare to protect their legal interests.

Common ICE Enforcement Activities

1️⃣ I-9 Compliance Audits – Verifying that employers maintain complete and lawful I-9 records for all employees

2️⃣ Onsite Immigration Compliance Inspections – Checking if visa-holding employees (e.g., H-1B, L-1) are fulfilling their job duties and receiving proper wages

3️⃣ Unannounced Raids – Officers may arrive without prior notice

4️⃣ Targeted Arrests – Officers may be looking for specific individuals, but others may also be questioned

Employer Guidelines

• Designate a Response Team – Assign someone (e.g., HR or legal counsel) to interact with ICE

• Maintain a Strong I-9 System – Ensure forms are complete and legally compliant, and conduct regular internal audits

• Do Not Voluntarily Surrender I-9 Forms – You have three business days to comply after receiving notice

• Train Employees – Educate staff on their rights and remind them they are not obligated to show ID or documents to ICE

• Do Not Encourage Evacuation – Do not help employees flee the premises

• Consult Legal Counsel Before Signing – You have the right to speak to a lawyer before answering questions or signing documents

• If an Employee is Arrested – Ask where they are being taken so their family or lawyer can assist

Employee Guidelines

• Do Not Run – Avoid appearing uncooperative

• Do Not Communicate or Submit Documents to ICE Without Legal Help – Say: “Please speak to my employer.”

• Exercise the Right to Remain Silent and Request an Attorney

• If Detained, Notify Your Employer – So that family and legal counsel can be contacted

During a Worksite Raid

✅ ICE may only access public areas unless they have a judge-signed warrant

✅ If they try to enter private workspaces (e.g., offices, warehouses), demand to see a valid warrant

✅ If ICE presents an administrative warrant listing specific employees, you may deny entry and are not obligated to share employee immigration statuses

✅ Record the raid – Employers may photograph or film the enforcement process (as long as it doesn’t interfere)

✅ Stay respectful and calm, and contact legal counsel immediately

Read related articles to stay informed on the latest policy updates:

• USCIS Implements New Alien Registration Rule

• DOJ Strengthens Immigration Enforcement: Increased Compliance Risks for Employers

Disclaimer: The materials provided on this website are for general informational purposes only and do not, and are not intended to, constitute legal advice. You should not act or refrain from acting based on any information provided here. Please consult with your own legal counsel regarding your specific situation and legal questions.

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Anna is the Partner and Head of Immigration at ILS. She has over a decade of experience in business immigration, transactions, and foreign investment.

She provides comprehensive guidance on U.S. business immigration, assisting global employers in recruiting and retaining foreign executives and skilled professionals. Anna specializes in H, L, E2, TN, O, EB1, and PERM cases, serving clients in technology, biotech, telecommunications, entertainment, animation, education, and logistics.

Email: contact@consultils.com | Phone: 626-344-8949