Whether you agree or disagree with the ramped-up efforts of the Trump Administration in sending ICE agents to more workplaces, schools and churches doesn’t matter as much as whether you know what to do if ICE comes to your door.
With no advance notice and little time to prepare, this is not an issue you can first think about when it occurs. As recent events have demonstrated, the likelihood of an ICE workplace raid happening at your company or jobsite is greater than ever before—whether you’re in L.A. or any other city or suburb in the U.S.
And it doesn’t matter what industry you’re in. Although some industries, such as construction, agriculture, hospitality and manufacturing, historically have relied on a larger immigrant workforce than other industries (according to americaneconomy.org), the ICE initiatives that have been making headlines in recent weeks prove that it could happen to any organization.
The effects of an ICE workplace raid don’t simply upend the lives of those employees being investigated about their immigration status. They can be far-reaching and long-lasting, threatening your company’s reputation, employee morale and your ability to continue doing business. The value of creating a preemptive response plan that outlines what to do in an ICE raid and effectively addresses legal, operational and communications issues cannot be overestimated.
What can you do and not do?
Of course, there are legal considerations. What must your company do to comply with ICE subpoenas? What are your rights in this type of situation? Can you, as an employer, help an illegal immigrant? Can ICE detain someone without a warrant? What constitutes a fully legal I-9 form? Since I’m not an attorney, I’m not going to try to give legal advice here other than to provide these few basic tips:
- Identify, in advance, a law firm with experience in immigration laws that you can quickly contact for advice, should the need arise.
- Maintain a basic understanding of your organization’s rights. The applicable laws and guidelines in this area have been changing quickly in the past few months, so make sure your HR people know the current reality.
- Designate specific people in your organization to have responsibility for working with your law firm and keeping company leadership updated on changes that may affect how your organization conducts its operations.
How to get back to ‘business as usual’
There are also operational issues to consider. Who will handle the workload of the employee detained by ICE? What will be the impact on workflow and your ability to meet customer deadlines? Some suggested proactive steps you can take to minimize the disruption to your operations include:
- Crosstrain employees, so you have backups available if an employee or group of employees are suddenly gone.
- Identify, in advance, a temporary service agency that provides employees with the type of skills and training you need.
- Designate people to handle specific responsibilities, as the need for them arises, and remember to properly train these people to effectively perform these roles. This includes the people who will interact with ICE public agents, those who will serve as official spokespeople for the company, and those who will be responsible for monitoring how the situation is impacting operations, the company’s reputation and employee morale.
What, when and how to communicate
And, of course, there are communications considerations. What you say and do as an employer in the first 24 hours of an onsite ICE workplace raid will determine how well your company survives the situation. To develop an effective communications response plan and minimize the negative consequences of this type of situation, here are a few recommendations to keep in mind:
- Communicate compassion and empathy. This will be an emotional time. Employees will understandably be scared, angry, frustrated, and confused. They will need reassurance and understanding. There is value in offering support services like counseling and legal aid, as needed.
- Communicate quickly. This will be a chaotic time for everyone with many distractions. You can instill a sense of calm with effective, well-timed communications. The first announcement should go out as quickly as possible. Employees will likely have questions and concerns. If you don’t fill this void with accurate information, unfounded rumors will likely ensue
- Communicate honestly. If you don’t have all the facts, admit that you don’t but also commit to investigating the situation and getting answers as quickly as possible.
- Communicate frequently. Hours, days and even weeks after the incident, employees and other impacted stakeholders are going to have questions. Be certain to provide regular updates. Even if nothing has substantially changed, there is value in reminding employees that you are continuing to cooperate with legal authorities and trying to get as much information as you can.
- Communicate broadly. An effective communications response plan includes a wide array of communications—from emails, phone calls and letters to in-person gatherings. It’s important to consider all of your stakeholders when communicating. Once your employees have received communication, identify who else needs to be notified. Investors? Board members? Legal counselors? Customers (if impacted by the incident)? Suppliers (if affected by the incident)? The media? Depending on the incident and impact on your business, you may need to make a public statement. If you do, is there someone designated and trained within your organization to speak to the media?
It’s valuable to remember that effective communication is a two-way process. So, in addition to delivering messages, updates and reminders, it’s important to listen by providing various venues for employees to express their concerns. Town Halls, team forums and other open-dialogue events are great for allowing employees to vent and come together to share their feelings.
Having a means to collect questions and concerns and feed them back to senior management is part of an effective communications strategy so leadership has a pulse on what’s most important to employees and so they can craft communications that align with employee priorities.
Most importantly, stay calm and don’t hesitate to call in professional help. Just like there is value in bringing in legal professionals to provide legal input and guidance, there is value in working with trained communications professionals.
Interested in learning more? Contact us today.
