Compliance Stuff

As Immigration and Customs Enforcement (ICE) continues to increase their enforcement actions, it’s important for employers to understand the type of warrants that can be issued. There are three types of warrants – a federal search and seizure warrant, an administrative warrant, and a “Blackie’s warrant.” A recent district court decision limited the use of a Blackie’s warrant. Federal Search and Seizure Warrant The federal search and seizure warrant is very rare but strikes the most fear in employers. How does the process work to obtain a search warrant? First, ICE must present an application for a search warrant to a local federal judge. These applications are typically long and heavily documented. Second, the federal judge must find probable cause that criminal activity is taking place at the employer’s facility/worksite. Third, the federal judge signs the judicial search warrant, which describes what and where ICE agents may search and what they may seize. Within 14 days thereafter, ...

Takeaways: Increased Worksite Enforcement:  Businesses can expect a surge in ICE raids and I-9 audits at workplaces. Impact on Sanctuary Cities:  Federal agents will target sanctuary cities for immigration enforcement operations. Employer Preparedness:  Businesses, especially those operating in sanctuary cities, should have an action plan ready for potential ICE enforcement actions. Tom Homan, President Donald Trump’s border czar, has announced a significant escalation in the administration’s interior immigration enforcement strategy to increase deportation of undocumented immigrants. The initiative involves deploying more federal agents to places of work, particularly those in “sanctuary cities.” Targeting Sanctuary Cities Although there is no official definition, in general a sanctuary city limits its cooperation with federal immigration enforcement agencies often to protect undocumented immigrants from deportation.  Limited cooperation can take many forms, such a...