When a Government Agent Arrives at Your Door: Preparing For and Responding to Three Types of Immigration Actions

Nicole S. Schram , Jennifer C. Johnson | 03.20.25

Many businesses and nonprofit organizations are concerned about the possibility of immigration enforcement actions. This article describes three different types of government visits (ICE Raids, I‑9 Investigations, and USCIS Site Visits), and provides general guidance on preparing for and responding to each type. It’s important to note that immigration law is complex and situation-specific. Always consult with an immigration attorney for guidance tailored to your circumstances. 

Preparing in Advance

Effective preparation will help you successfully manage all three types of immigration-related investigation or enforcement visits. These fundamental steps can help ensure your workplace is ready. 

First, establish clear physical boundaries by marking all non-public areas as ​“PRIVATE,” or ​“ENTRY PERMITTED BY APPOINTMENT ONLY” if you sometimes allow admission to the public. This isn’t merely a suggestion — it creates a crucial legal boundary, discussed in further detail below.

Second, designate authority within your organization. Identify specific individuals who have the authority to interact with government agents. Whether it’s one person or a small team, these designations should be communicated throughout your organization in advance, ensuring everyone understands who does — and does not — have this authority. 

Third, maintain strict I‑9 compliance. Keep all forms current and properly completed, conduct regular internal audits of your records, and ensure documents are easily accessible when needed. This ongoing maintenance can prevent significant complications during an enforcement action.

Responding to an Agent at the Door

Employees not authorized to interact with government agents should be prepared with appropriate language, such as: ​“I am not authorized to talk to you or let you inside. Please wait here while I notify the people authorized to help you. They will ensure that we are in full compliance with the law.”

While the authorized representatives are on their way to meet the agents, they should call their attorney. At all times, they should maintain a professional and courteous demeanor, and express willingness to comply with legal requirements. Before inviting an agent inside, authorized representatives should request and review the document that authorizes the agent’s visit, such as a warrant, subpoena, or Notice of Inspection.

Understand the Three Different Types of Immigration Visit, and the Authorization Documents Required

When people imagine a government agent at the door, they think primarily of ​“ICE raids,” which require a judicial warrant. However, there are at least three distinct types of immigration enforcement actions that could cause a government agent to visit a business or non-profit. Each type of visit has a different purpose, and each has different documents that authorize the visit. 

From most frequent to least frequent, the three main types of immigration enforcement visits include: 

1. Form I‑9 Inspection
   • Purpose: Ensure employers have hired only individuals that are authorized to work in the U.S.
   • Authorizing Documents: Agents are required to serve a ​“Notice of Inspection” three days prior to arrival or provide a judicial subpoena or warrant on the day of arrival. 
   • Agencies: Agents could be from the Department of Labor (DOL), Department of Justice (DOJ), or Department of Homeland Security (DHS), including DHS Immigration and Customs Enforcement (ICE).
   • Limitations: Agents may only request employer Form I‑9 records and may only enter the space necessary to view Form I‑9 records, as provided by the Notice of Inspection, subpoena, or warrant. (Note, employers might avoid an in-person visit by delivering the requested documents within three days of receiving a Notice of Inspection.)
2. Work Visa Compliance Site Visit
   • Purpose: Ensure that work visa holders are following the requirements of their visa type, and the employment is consistent with the visa application. Agents may interview the employer and employee(s) and/​or request documents. 
   • Authorizing Documents: None. Agents are not required to present any document to conduct the visit, which is frequently unannounced. The US Citizenship and Immigration Service (USCIS) argues that employers consent to compliance visits when they sign work visa applications. 
   • Agencies: Agents could be from USCIS, DOL, or ICE.
   • Limitations: Affects only those employers who sponsor certain work visa types, such as H‑1B, L‑1, and STEM OPT. Agents may only request information related to work visa compliance. 
3. ICE Raid
   • Purpose: Search places of employment to identify and potentially arrest individuals living or working in the U.S. without authorization. 
   • Authorizing Document: Agents are required to provide a valid ​“judicial warrant” before entering non-public spaces. A judicial warrant will be signed by a judge or magistrate from a state or federal court, not an official from DHS or ICE. Agents may freely enter spaces that appear open to the public, and they may enter private spaces when someone gives consent or invites them inside 
   • Agency: ICE only. 
   • Limitations: The judicial warrant will specify what areas agents may enter and search, and the actions the agents may take. Employers may object to agent action that goes beyond what is written in the warrant. 

During the Visit

The employer’s authorized agent should remain with the agent throughout the visit, and may invite a small team to join. Especially in the event of an ICE Raid, one member of the employer’s team should call the employer’s attorney. One team member may request to make copies of the agent’s identification card and any authorizing document the agent provides. Another team member may take careful notes of what the officer says and does during the visit. Be sure to make copies of any documents the officer is removing from the premises. 

If an officer exceeds their authority during a visit, such as demanding entry into private spaces without the proper authorizing document, employers may state clear verbal objections to the agent’s action, write detailed notes of the action, and advise their attorney. For example, ​“Officer, I object to you opening that door. There is no I‑9 information in that room, and your Notice of Inspection does not allow you to search that private space.” 

Maintain professional composure throughout the interaction. Employers should not become aggressive with officers, and they should not take any action that could be considered aiding and abetting a crime or harboring an undocumented worker. Do not encourage any individuals to leave the premises or hide from officers. 

While every immigration enforcement situation is unique, preparation and proper response can significantly impact how the visit unfolds and how the agency treats the employer following the visit.

When in doubt, contact your immigration attorney before acting. The investment in advance preparation and professional response protocols can safeguard your business and provide peace of mind for your entire team.