With ICE raids on the rise, what New York employers need to know

February 5, 2026

Recent enforcement activity by U.S. Immigration and Customs Enforcement (ICE) has renewed concern among employers across New York State. Businesses of all sizes are asking what their legal obligations are, what rights they have, and how to prepare without disrupting operations or creating unnecessary risk. While uncertainty is unavoidable, advance planning can significantly reduce confusion and exposure.

Types of ICE Enforcement Actions

While ICE raids playout on television and social media nightly, it is important to note that not all ICE enforcements are the same. The most common scenarios include:

• I-9 audits (Notices of Inspection): ICE may request to inspect your employment eligibility verification forms. These are typically administrative and do not involve immediate arrests.
• Targeted enforcement actions or raids: ICE agents may arrive seeking specific individuals, sometimes with warrants.
• Informal inquiries: Agents may ask questions or request access without presenting legal process.

Your rights and obligations as an employer may vary depending on which type of encounter is occurring.

ICE in Your Place of Business

Employers are not required to provide ICE unrestricted access to their workplace. ICE agents may enter areas open to the public such as a retail sales area. They may not enter private, non-public workspaces without employee consent or a valid judicial warrant.

It is important to note there are two types of warrants ICE officers have been utilizing during recent operations. A judicial warrant, which is an order signed by a judge and specifying the location, allows ICE to access additional places in your business provided it is spelled out specifically in the judicial warrant.

The second type of warrant, and the one that has drawn a lot of media scrutiny in recent weeks, is an administrative warrant. These are often issued by ICE itself. They lack the backing of a judge and therefore do not authorize entry into private areas.

When it comes to interacting with ICE agents in your workplace, it is critical to note that employers are not required to answer questions about employees’ immigration status without proper legal process. Calmly asking to review any warrant and contacting legal counsel before responding is both lawful and advisable.

Your Legal Obligations

While employers do have rights, some of which I have outlined above, there are also clearly defined responsibilities all employers in New York must follow to ensure compliance with state and federal laws.

I-9 compliance: All employers must properly complete, store, and produce Form I-9s when legally requested. Failure to do so can lead to significant penalties. It is also a best practice to self-audit employment records to ensure employees who were once authorized to work in the United States have not had their status changed.

A 2023 program offered immigrants from Cuba, Haiti, Nicaragua and Venezuela a chance to stay in the United States and lawfully work under a permit program. In June 2025, that program was ended, and the permits of more than 500,000 immigrants were revoked. It is entirely possible than an employer could have lawfully hired employees who are no longer authorized to work in the United States.

Non-discrimination: Employers may not single out employees based on perceived immigration status or national origin, either before, during or after an ICE visit.

No obstruction: Employers should not hide employees, provide false information, or interfere with lawful enforcement of a warrant. Doing so can lead to both civil and potentially criminal penalties.

The bottom line for employers is this: ICE enforcement actions are on the rise, and your goal as an employer is to minimize any disruption to your business operations while complying with the lawful actions of any government entity. The best way to protect yourself and your business is to ensure your hiring practices are sound, your paperwork is in order, and your frontline employees such as receptionists, floor managers, etc. understand what to do when officers enter your place of business.

As with many issues, we advise clients to have a written policy in place guiding their employees on what to do (and not do) in this situation.

ICE enforcement is a federal issue intersecting with complex state and local laws. Preparation, training, and legal guidance are the best tools New York businesses have to manage risk and uncertainty.

Our firm regularly advises employers across New York on immigration compliance, audits, and enforcement response. If you have questions or concerns, our experienced team of employment law attorneys are here to help.

Kevin Burke counsels employers on recent developments in employment law, and the implementation of policies and procedures which enable employers to be in compliance with federal and state laws. He can be reached at 716-854-4300 ext. 292 or [email protected]