How Employers Can Prepare for Workplace Immigration Enforcement: NPZ Law Group Insights
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Written By:
David H. Nachman, Esq.
Ludka Zimovcak, Esq.
Snehal Batra, Esq.
Samantha Oberstein, Esq.
Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C.
Immigration enforcement at the workplace—whether through surprise visits, audits, or information requests—remains a reality for U.S. employers. Proactive preparation is key to protecting both your business and workforce. Below, NPZ Law Group outlines best practices for employers to confidently and lawfully handle potential enforcement actions, ensuring compliance and minimizing operational disruptions.
1. Understand Enforcement Boundaries
Know Your Workplace Rights: Immigration agents may only enter non-public areas (like back offices or employee breakrooms) with a valid judicial warrant. Administrative warrants from immigration agencies do not grant this access.
First Step on Arrival: If agents visit, direct them to a public space (such as the lobby) and request to see any warrant. Always confirm the warrant’s type and consult legal counsel before granting access beyond public areas.
2. Train and Empower Staff
Designate a Point of Contact: Assign a trained staff member or your legal counsel to handle all interactions with agents.
Front Desk Protocols: Reception and security staff should be prepared to:
- Request and inspect any warrant presented
- Distinguish between administrative and judicial warrants
- Avoid allowing agents into private spaces without proper authorization
- Notify your designated contact immediately
3. Inform Employees of Their Rights
Employee Protections: All employees, regardless of immigration status, have certain constitutional rights:
- The right to remain silent
- The right not to sign documents without legal counsel
- The right not to answer questions about their immigration status
Encourage Honesty: If employees choose to speak, they must provide truthful responses and avoid giving false information.
4. Review and Limit Recordkeeping
Minimize Records: Only collect and retain documents you are legally required to maintain.
Avoid Sensitive Lists: Do not keep lists or notations about DACA, TPS, or parole recipients in employee files. Limiting sensitive data reduces the risk of exposure during audits or inspections.
Maintain I-9 Compliance: Ensure all I-9 forms are accurate, up-to-date, and stored separately from other personnel records.
5. Develop and Test a Response Plan
Written Protocols: Create step-by-step internal guidelines for handling enforcement visits, including clear roles and emergency contact procedures.
Run Drills: Periodically conduct mock scenarios with key staff to test readiness and ensure calm, coordinated responses in real situations.
6. Distribute “Know Your Rights” Resources
Accessible Materials: Share wallet cards, posters, or digital guides that explain what employees should do if approached by enforcement agents.
Educational Sessions: Host informational briefings with legal counsel to review employee rights and reinforce proper conduct during enforcement encounters.
Final Tips
A well-communicated plan—supported by training, clear policies, and legal guidance—ensures your business and employees are ready for the unexpected. Staying proactive helps reduce legal exposure and operational risk.
NPZ Law Group: Your Partner in Workplace Immigration Preparedness
At Nachman, Phulwani, Zimovcak (NPZ) Law Group, we assist employers across industries with workplace compliance, staff training, and enforcement response planning. Whether you’re reviewing your I-9 practices or preparing a formal protocol, our experienced attorneys are here to help.
📞 Contact us today to schedule a tailored consultation and build a stronger, more informed response strategy.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 551-291-1107 extension 104. We also invite you to visit our website at www.visaserve.com for more information.