Every employer should have a response plan for law enforcement including ICE, lawyers advise

Lawyers at the American Bar Association’s annual labor and employment law conference laid out principles for employers.
Jan. 7, 2026

In the wake of stepped-up ICE enforcement, lawyers advise every employer to have a law enforcement response plan, according to a Construction Dive report.

Guidance for Employers Responding to ICE Enforcement

Lawyers at the American Bar Association’s annual labor and employment law conference laid out principles for employers:

  • Identify and train the first point of contact, often the person who sits at the front desk. Don’t invite law enforcement in and restrict where they are allowed to go.
  • Draw up a map denoting which parts of your site are public, and which are private.
  • Prep an intermediary like a plant manager to “diffuse the situation while they get legal counsel on the phone.”
  • HR should develop a response plan. Department representatives should know who will speak with ICE and how they will handle any requests from their agents.
  • Conduct an internal audit to ensure that forms were completed properly and that identification documents appear authentic. Use legal counsel to ensure that the audit is privileged
Sign up for our eNewsletters
Get the latest news and updates