Even before U.S. Immigration and Customs Enforcement (ICE) ramped up its deportation activity in the past few weeks, aerial adventure parks and experiential programs had grown wary of potential ICE raids. Many operators wondered how they can prepare for such a visit.
API did, too, so we looked into it. Here’s what we found.
First, prepare now. Develop policies and procedures to deal with ICE. For example: designate a staff member or manager to work with ICE during a raid, and perhaps even a “greeter” to handle the first contact with ICE. These persons should be able to remain professional and non-confrontational; emotional and/or hostile reactions might create additional legal issues.
Also, make sure your staff know their rights. Post these in employee-only areas and encourage staff to read and heed them. For example, employees have the right to remain silent, present valid identification, contact legal representation, review any documents, and refuse to sign documents unless counsel is present. Further, they cannot be legally detained without cause.
An escalation. The need for preparation increased this week as the Trump administration boosted its deportation efforts. The ICE staff of 3,000 has been augmented by 2,000 Justice Department employees from the FBI, U.S. Marshals, and Drug Enforcement Administration, along with 500 Customs employees. The Department of Homeland Security (DHS) has also asked for support for its operations from more than 20,000 National Guard members, though the Defense Department has not yet approved the request.
Beyond the staff increase, ICE has adopted more aggressive tactics. For example, it has begun to arrest some immigrants as they appear for scheduled interviews in the so-called “Alternative to Detention” program. This program was designed to allow immigrants to remain in their communities while they move through the immigration process or prepare to depart; that alternative is no longer as reliable as it was.
When an ICE Storm Hits
If ICE visits, there are three key tasks to complete:
- Request identification from the agents, and review the warrant and/or other documents carefully. Check to see that the document is a judicial warrant, signed by a judge, and is not simply a DHS “administrative” warrant. Make note of the warrant’s scope and limitations, and check to see that your company’s name and address are correct. If not, the warrant is invalid, and you may deny entry into private areas of the facility.
Of course, if you do deny entry over a technicality, you may find yourself under even closer scrutiny than might otherwise have been the case.
There are three main types of documents ICE might present: a judicial warrant, administrative warrant, and Notice of Inspection. Only a judicial warrant grants ICE legal authority to access your full property. Otherwise, ICE is limited to the public areas only, unless you consent otherwise. (If you lease your property, your landlord can also provide consent.)
An administrative warrant—Form I-200 or Form I-205—is typically issued by the Department of Homeland Security, and does NOT grant access to private areas, such as gear storage areas, break rooms, and other “employee only” areas. Make sure these private areas are clearly marked.
A Notice of Inspection precedes an ICE audit, and provides a three-day window for making documents available. An audit will typically review the company’s I-9 forms, employee roster, wage and hour reports, payroll records, any E-Verify confirmations, and some business information. An audit is less intrusive than a raid, obviously, and provides ample time to respond.
- A second immediate step: contact your legal counsel, who may want to be on site during the visit. If you feel your business is a possible target, you may want to line up an immigration attorney, specifically. Your attorney can fight improper detentions, file complaints, assist affected staff, and in general protect your company’s interests.
- During an ICE raid, document everything that happens. A staff person should accompany the agents and document the visit in detail: what areas are searched, any items that are seized, etc. Be thorough, but also respectful. Take video, photos, record audio, and make notes in writing.
Detailed records can help ensure eventual recovery of any items taken and provide evidence of improper searches as well as actions that exceed ICE’s authority or violate employees’ legal protections. With ICE introducing new actions frequently and inexperienced staff from outside ICE, the potential for improper enforcement has increased. Ask to make copies of any documents that are seized; if the agents refuse, you can ask for copies later.
And remember, avoid interfering in the search in any way.
Preparing for ICE
To anticipate and prepare for an ICE raid, develop a clear policy for how you will respond, and educate your staff about their rights. There’s a lot of uncertainty among immigrants at present, and they will appreciate your attention and concern. Their rights include the right to remain silent and to have legal counsel present. Ensure that the business has valid identification documents on file, and that these are easily accessible.
The standard advice is to designate an individual to greet ICE agents, and a second person to serve as the visit manager. The greeter should make sure that the visit manager knows ICE is on site, and ask the agents to remain in a public area, such as the front desk, until the manager arrives. The greeter should stay with the agents and encourage them to wait for the manager. Both should be sure to maintain a professional and respectful manner.
After meeting the agents, the manager should accompany them for the duration of their visit, and ensure that the visit is thoroughly documented. If there are security cameras on site, make sure they record the visit. The manager’s role is to observe, and should never impede or obstruct the agents as they execute the warrant. At the same time, be aware of any limitations contained in the warrant.
Supporting Your Employees
In the event of a raid, it’s important for the safety and security of your employees that their key documents are on file or easily accessible. This includes I-9 forms, I-94 forms, DS-2019 forms for J-1 students, work authorization documents, green cards, passport ID pages, and visa stamp pages, so that employees can affirm their legal status. The American Camp Association (ACA) recommends that immigrants carry color copies of their original documents, and keep the originals in a safe location.
Dale Versteegen, an Australian-born naturalized U.S. citizen and professional in the aerial adventure industry, notes that even naturalized citizens can be questioned about their status. ICE agents can make erroneous assumptions about who is, and is not, an immigrant very quickly, so it’s useful to carry documents (or copies thereof) to verify one’s status. He advises to at least have these in an accessible location, just in case.
Make sure your employees know their rights. These can be posted in a staff-only area. A key point: employees cannot be detained without proper cause. To that end, they have the right to:
- remain silent
• contact a legal representative
• refuse to sign documents without the presence and advice of legal counsel
• present their identification documents
For More Information
There’s plenty more advice available online. For example, Boundless Immigration and the California-based law firm Allen Matkins both offer guidelines and suggestions.
The American Camp Association (ACA) also offers detailed advice and guidance (acacamps.org; click on news) and a useful FAQ that’s more specific to aerial adventure and educational operations. ACA also provides updates on the status of the J-1 program.
