3 documents that decide what HR can and can’t do when ICE arrives in the workplace

Fortune

by Kristin Stoller

February 23, 2026

AI-Generated Deep Dive Summary

With heightened ICE enforcement activity creating anxiety in workplaces across the U.S., HR departments are increasingly tasked with understanding their legal obligations when federal agents arrive. A Minneapolis-based attorney highlights three critical documents that shape how employers must respond: the Notice of Inspection (I-9 audit), the Administrative warrant, and the Judicial warrant. Each carries distinct implications for employer actions. The first document, a Notice of Inspection, typically gives employers three business days to produce I-9 employment verification forms. During this window, HR leaders should avoid rushing decisions and instead consult with legal counsel to ensure compliance without inadvertently waiving rights. Proactive preparation is key, including reviewing records and designating private areas in the workplace. The Administrative warrant allows ICE agents to make arrests or seizures but limits their ability to search non-public spaces without explicit consent from employers. Anderson recommends clearly marking private areas, such as conference rooms or break rooms, with authorized-only signage. Importantly, companies are not obligated to retrieve employees from private areas and hand them over to waiting ICE agents. The most significant document is the Judicial warrant, signed by a judge, which permits ICE agents to enter the workplace. While employers must comply with this type of warrant, they can still manage the process. For example, escorting the targeted employee to a designated area minimizes disruption and keeps other employees safe. In public-facing spaces like retail stores or warehouses, ICE agents can make arrests in areas accessible to the public, but managers should document interactions and ensure employees understand their rights. Anderson emphasizes the importance of clear internal protocols for HR departments. This includes identifying who must be notified—such as legal counsel or senior leadership—and training front-line staff on how to respond. Maintaining updated emergency contact information for detained workers is also crucial. Ultimately, the best approach for businesses is to prepare thoroughly, hope for the best, and plan for the worst. For business leaders, understanding these nuances is not just a legal imperative but a matter of protecting employees and maintaining operational continuity. As ICE activity continues to evolve, staying informed about employer obligations will help companies navigate this challenging landscape effectively.

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Originally published on Fortune on 2/23/2026