Federal immigration enforcement has become an increasing source of uncertainty for employers across industries. While no two workplace visits look the same, there are common themes that in-house counsel and business leaders should understand to better prepare their organizations and employees. During a recent Inside Counsel Insights Webinar, Rachel Winkler answered questions posed by Tiana Walters about the possible reasons for a federal immigration agent visit and the key elements of a company’s response plan.
From our experience working with companies of all sizes, the focus should not be on predicting when a government agency will appear, but on knowing how to respond when it does. Clear protocols, defined roles, and employee training can make a meaningful difference in how these situations unfold.
Which federal agencies may visit the workplace—and why
When people hear “immigration enforcement,” they often think only of Immigration and Customs Enforcement (ICE). In reality, multiple agencies within the Department of Homeland Security (DHS) may appear at a workplace, each for different reasons.
These include ICE officers conducting I‑9 compliance audits or civil immigration enforcement, DHS Investigations agents pursuing criminal matters, US Citizenship and Immigration Services officers performing worksite inspections related to visa sponsorship, and Customs and Border Protection officers vetting trade, border, or cross-border risks certification programs. Employees may assume that any DHS presence signals an enforcement action, even when the visit is administrative or informational in nature.
Understanding this range of possibilities helps employers frame appropriate, calm responses rather than reacting based on headlines or assumptions.
What to expect during an initial agency visit
Most government visits do not begin with immediate enforcement action. In many cases, agents identify themselves, explain their presence, and provide written notices, such as a request for records or a notice of inspection. For example, ICE I‑9 audits typically involve a notice that gives employers several days to produce documentation, not an on-the-spot demand.
That said, employers should still plan for less predictable scenarios, including civil arrests based on administrative warrants or criminal investigations supported by judicial warrants. Having a response plan in place before anything happens is critical.
Why a written response plan makes a difference
A clear, written response plan that is proactively communicated to your team reduces confusion, anxiety, and inconsistency. As discussed during the webinar session, effective plans identify points of contact, outline employee expectations, address different work environments, and account for third-party or client sites. They also acknowledge that employees may have personal reactions to enforcement activity, while still setting clear expectations for workplace conduct.
Preparation does not mean assuming the worst. It means recognizing that government visits are a reality for many organizations. Thoughtful planning—ideally with guidance from legal counsel who understand how these agencies operate from the inside—puts employers in a stronger position to protect their people, operations, and obligations when the unexpected happens.