"2) Administrative warrant: This warrant authorizes an arrest or a seizure but not a blanket search of private workplace property. ICE agents cannot enter non-public spaces without employer consent. Anderson recommends clearly designating private areas with signage, such as "Authorized personnel only." Importantly, employers are not required to retrieve an employee from a private area and deliver them to ICE agents waiting in public areas, she says."
"3) Judicial warrant: Typically signed by a judge, a judicial warrant permits entry to the workplace. Employers should not obstruct it, but they can manage the process. For example, they can escort the named employee to a conference room, potentially limiting disruption and preventing agents from moving unaccompanied through the building. Worker protections get a bit murkier in privately-owned spaces that"
Heightened immigration enforcement has increased workplace anxiety and prompted employee requests for clarity and protection. Employers must determine their response based on the specific ICE document presented. A notice of inspection (I-9 audit) typically requires employers to produce I-9 forms within three days, allowing time to coordinate with counsel and organize records. An administrative warrant authorizes arrest or seizure but does not permit entry into non-public workplace areas without consent; private areas can be designated with signage, and employers are not required to retrieve employees from private spaces. A judicial warrant signed by a judge permits entry; employers should not obstruct entry but may manage the process to limit disruption.
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