ICE in the Workplace: Guidance for Employers on Their Rights and Obligations

On January 21, 2025, Immigration and Customs Enforcement agency (ICE) issued interim guidance authorizing ICE officers or agents to conduct civil immigration enforcement actions in or near previously “sensitive locations,” such as hospitals, schools, and churches. This expands the locations that ICE agents may enter without a warrant when they have credible information that leads them to believe targeted individuals are or will be present, and where such action is not precluded by state or local laws. This article summarizes an employer’s rights and obligations under federal and California law if ICE shows up to a workplace.

Can ICE enter a workplace?

ICE cannot enter a nonpublic workplace without a warrant or the employer’s consent. If the workplace is open to the public, such as a shopping center, restaurant, or lobby, ICE can enter without a warrant. An employer may refuse to allow an ICE agent to enter a nonpublic workplace without a valid warrant. A valid warrant means a warrant signed by a judge or court. An “ICE Warrant” or “Inspection Warrant” signed by an ICE agent are not valid warrants.

Can ICE inspect employee personnel records?

ICE has the right to inspect I-9s without a warrant, upon 72 hours’ written notice. This right extends only to I-9s—no other personnel records.  However, the government may also request a list of terminations within the past three years to verify that I-9s for terminated employees have been retained for the proper period of time. The proper period of time to maintain I-9s is three years after an employee’s date of hire, or one year after an employee’s date of termination if  they worked for more than two years, whichever is later.[1]

Under California law, you must notify all employees of an I-9 inspection. Notification to employees must be as immediate as possible, but no later than 72 hours, i.e., before the inspection occurs. Notification must be in the language that the employees normally use, even if they also use English at work.[2] ICE cannot inspect I-9s without 72 hours’ notice unless they have a warrant.[3]

ICE does not have the right to inspect any other personnel records without a valid search warrant. Employers should refuse ICE access to employee personnel records, other than I-9s, without a warrant because employers have a duty to protect their employee’s privacy under the California constitution.

Can ICE interview, detain, or arrest employees?

ICE does not have the right to interview, detain, or arrest any employee without a valid warrant. Employers are allowed to refuse any law enforcement officer, including ICE, to interview or detain employees without a warrant. An employee may also refuse to be interviewed.

How can employers prepare for potential ICE enforcement actions in the workplace?

  • Employers must have a plan for contacting and notifying employees, including employees who are not at work, when they receive the advance notice that ICE will be inspecting I-9s or will be conducting a search with a warrant. Employers should implement clear communication protocols and procedures to ensure that employees receive expeditious and accurate information.
  • Employers should develop a plan now to instruct store managers and/or employer representatives on the employer’s rights and obligations, including those in this article.
  • Employers should conduct an audit of their I-9 records to ensure compliance with record-keeping requirements.

If you have any questions regarding this article or need further guidance, please don’t hesitate to reach out to Jonathan Wong or Stephanie Gonzalez.


[1] To avoid confusion, recommended practice is to keep employees’ I-9s for three years after their date of hire or two years after date of termination, whichever is later.

[2] The California Division of Labor Standards Enforcement has template notices in English (https://www.dir.ca.gov/dlse/LC_90.2_EE_Notice.pdf) and Spanish (https://www.dir.ca.gov/DLSE/LC_90.2_EE_Notice_Spanish.pdf)

[3] Under the Trump Administration, expect courtesy notices of warrant-authorized inspections to cease.