Employers Concerned About Broader Immigration Enforcement

ICE at the Door

By Marylou Fabbo, Esq.

In 2026, employers across the U.S. are expected to continue to face intensified and broadened immigration enforcement efforts. Executive actions, regulatory shifts, agency‑level mandates, and recent events reflect aggressive enforcement within and outside of the work environment.

ICE (Immigration and Customs Enforcement) has become a household word. Restrictions on enforcement in certain areas, such as schools, hospitals, and places of worship, have been lifted. Unannounced visits to the workplace, expanded audits, and coordination between ICE and other enforcement agencies has strengthened.

In 2025, certain cities, states, and industries were affected more than others when it came to the Trump administration’s efforts to enforce immigration policies. The focus was on agriculture and farming, food processing, construction, healthcare workers, and cleaning and maintenance services because they often employ immigrant workers.

In 2026, efforts have been expanded, and are expected to continue to expand, to employers in all businesses of all types, sizes, locations, and number of employees. All employers, regardless of industry, size, or location, must be prepared for ICE visits to the workplace as well as other potential enforcement actions, such as unanticipated Form I-9 audits conducted by the U.S. Department of Labor.

Marylou Fabbo

“All employers, regardless of industry, size, or location, must be prepared for ICE visits to the workplace as well as other potential enforcement actions, such as unanticipated Form I-9 audits conducted by the U.S. Department of Labor.”

Importantly, employers must also be prepared for conflicts that may arise when employees or ICE agents engage in actions that may have unintended and serious consequences, such as personal injury.

ICE Visits to the Workplace

Immigration agents may go to a workplace to conduct a Form I-9 audit, a raid, or to detain specific people. ICE doesn’t always ring the bell before entering. ICE can enter the public areas of a business, such as the reception area, without permission. Still, ICE does not have the unrestrained authority to stop, question, or arrest someone, even if they are in a public area.

Rather, for access to the private areas of a business, ICE needs either company permission or a judicial warrant. A judicial warrant is from a court and is signed by a judge. Although some agents may present an administrative warrant, that type of warrant is insufficient. An administrative warrant usually says “Department of Homeland Security” or is from an immigration court, and it does not give ICE the right to enter private areas of your business without your permission.

Having a judicial warrant only gives ICE authority to enter the areas identified on the warrant to be searched. Be wary, however. While it is illegal for ICE to enter any private area without a judicial warrant, there have been many reports of ICE failing to adhere to legal standards when entering the workplace, and employees permitting ICE agents to do more than they would otherwise legally permitted to do. Such actions give rise to one of the newer concerns being discussed among employers: whether the deadly results of community enforcement actions having turned violent spread to the workplace.

Access to Employees

Attempts to arrest an employee may also lead to physical altercations between ICE agents, the employee at issue, or other employees protecting the employee who is being sought or employees who wish to aid ICE’s efforts.

The desire to assist ICE often derives from U.S. citizens’ concerns about losing employment opportunities to undocumented workers, regardless of whether an employer intentionally employs individuals who are not authorized to live and/or work in the U.S. There is a misconception that all employers who are employing an employee who does not have authorization to work or be present in the U.S. knowingly do so.

For Form I-9 purposes, employers are not required to be document review experts. If the document reasonably appears to be genuine and related to the employee, it is sufficient. Therefore, some employers are shocked when ICE arrives with a judicial warrant to arrest someone who has been a hardworking, long-term employee and who presented what appeared to be genuine Form I-9 supporting documentation.

If a judicial warrant is presented, employers must comply. If ICE has an administrative warrant identifying an employee, the employer does not have bring the agent to the employee or even have to let the agent know if the employee is working that day. That is, if ICE enters the employer’s property at all, it has become more common for immigration officials to stop employees before they pull into the employer’s parking lot. Employers must consider whether they want to have a plan in place if such a circumstance arises.

Employers’ Right to Legal Advice

Human resource personnel, the company president, and all other employees can ask to speak to a specific attorney or ask the immigration officer for a list of pro bono lawyers before speaking to immigration authorities or answering any questions. It’s not certain, however, that the request will be granted.

Still, no one is required to speak at all. No one must state where they were born or whether they are in the U.S. legally, sign anything, or group according to country of origin. Employees do not have to show identification or other papers to ICE agents. However, if someone does not cooperate, it is not out of the realm of possibility that ICE would claim that the person is ‘impeding’ their efforts and arrest them. Employers should communicate to employees their position on ICE cooperation even whether or not ICE’s actions appear to be legally supported.

Difficult Choices

Employers who violate immigration-related employment laws or lawful enforcement actions can be subject to fines, large penalties, the inability to work on government contracts, and even criminal liabilities. But in today’s immigration landscape, there’s been much contention that even lawful activities can be penalized. An even greater concern is increasing violence.

If an ICE agent demands action that you believe to be illegal, what do you do? Efforts to assert an individual’s rights in the face of an improper action may lead to unexpected — and even dangerous — situations. Most employers do not know what their employees will do who take offense to ICE’s action, whether right or wrong, and also lack action plans when circumstances begin to present a risk of harm to one more people involved.

Regardless of the position employers take on Minnesota’s enforcement-related deaths, they must recognize that similar situations could occur in their workplaces and should consider having a plan in place to address them.

Attorney Marylou Fabbo is a senior partner at Skoler Abbott and heads the firm’s immigration team. She has successfully represented the firm’s clients in state and federal courts, as well as the Equal Employment Opportunity Commission, Massachusetts Commission Against Discrimination, Connecticut Commission on Human Rights and Opportunities, and other forums.