Breaking the ICE: What Louisiana Employers Need to Know About Upcoming ICE Activities

After completing immigration enforcement raids in Charlotte and Raleigh, North Carolina for the past two weeks, the U.S. Department of Homeland Security (DHS) announced that Immigration and Customs Enforcement (ICE) will soon station in New Orleans and surrounding areas in Louisiana. 

This Q&A offers compliance tips to help Louisiana employers, civic leaders and those impacted prepare.

Are ICE Raids Legal?
Immigration enforcement is permitted by the Immigration and Nationality Act (INA 236) and associated DHS policy statements.

Who Can ICE Target and Where? 
INA 237 lists grounds for deportability, which underpin the federal government’s enforcement actions during raids.  8 CFR Part 287 details ICE’s enforcement powers, including warrantless arrests under certain conditions.  President Donald J. Trump’s Executive Order on January 20 created a policy eliminating churches, schools and hospitals from “sensitive location” status. 

This means ICE can enforce in any public space. 

Heavy-traffic areas like the French Quarter, Superdome and Canal Street are places where routine traffic stops can easily devolve into ICE arrests and detention. This is because ICE likely may focus enforcement activities in places where people congregate in larger numbers like major thoroughfares, health clinics, primary and secondary schools, and at religious institutions. 

Religious leaders should understand that religious services for Spanish speaking populations (i.e. Spanish masses) are particularly at risk for ICE enforcement activities.  The federal government can enter premises while religious services are being conducted.

Primary and secondary education leaders should understand that places where English as a second language (ESL) courses or taught and/or schools that serve Hispanic populations are particularly at risk for ICE enforcement activities.  The federal government can enter schools (with a judicial warrant) while instruction is underway.  Alternatively, ICE could station at drop-off and pick-up locations to arrest and detain parents who are suspected of having no lawful immigration status.  Accordingly, schools should have plans in place to manage children whose parents are detained.

Hospitals and health clinics should understand that ICE has engaged in immigration enforcement – even in clinical settings. Accordingly, patient populations should be notified that health care institutions cannot guarantee that medical services can be provided without government intervention.   

Residents should pay attention to announcements from public officials regarding traffic logistics and targeted areas until ICE leaves. 

Who is Most Vulnerable to Louisiana ICE Enforcement Activity? 
Louisiana has a robust hospitality and tourism industry that employs disproportionate numbers of foreign nationals.  Many foreign restaurant and hotel workers are eligible for employment as guest laborers in H-2B status.  Others work without appropriate documentation. 

The New Orleans cruise ship industry lawfully employs scores of foreign nationals in J- status. But many cruise ship employees and port workers are susceptible to losing status because their visas are issued only for specific periods of time or for specific functions. Since so many people around the world visit New Orleans and Louisiana generally, ICE activities in this part of the country could have an impact that is broader in scope than in other places in the United States. Tourists and business visitors should keep their passports at all times and should be mindful of the departure dates printed in their I-94 Arrival/Departure records. 

New Orleans has a disproportionate number of colleges and universities and those schools enroll foreign students in F-status like other educational institutions. Foreign students are particularly vulnerable to federal immigration enforcement because of restrictive policies enacted by the U.S. Department of State concerning the terms of their student visas. 

Louisiana also supports the nation’s food supply chain both by producing sugar, seafood and other agricultural commodities, and by operating as a hub for food transportation.  That industry relies on foreign laborers who enter in H-2A or H-2B status and who may encounter ICE enforcement activities more regularly that American employees. Finally, any business that employes individuals who lack lawful employment authorization are now more likely to be targeted by federal authorities during the ICE activities planned to take place in Louisiana. 

How Can Louisiana Employers Reduce the Risk of Workforce Loss Due to ICE Raids? 
All American businesses must complete the Employment Eligibility Verification (Form I-9) for each employee hired to work. This requirement is mandated by 8 CFR 274a.2(b)(1)(ii), which obligates employers to complete Section 2 of Form I-9 within three business days of the employee’s first day of work for pay.  

Employers who have not yet managed the Form I-9 process should consider updating records so their businesses can show appropriate hiring documents if approached by DHS. Employers who have not yet audited their I-9 records for compliance should considering doing so now to identify and reduce the risk of fines and penalties for paperwork errors and/or unlawful hiring. 

However, it is important that employers understand that if DHS chooses to engage in worksite enforcement by issuing a Notice of Inspection to review I-9 records, then the risk of losing employees through arrest and detention is relatively low. When DHS engages in this type of worksite enforcement activity, it normally issues a Notice of Suspect Documents before directing employers to separate employees who are unauthorized to work. That process could take weeks or months before any final determination about an employee’s eligibility for employment is made. 

But if ICE appears with a warrant to arrest and detain specific employees, then staffing losses are imminent, and likely cannot be reversed quickly. Employers can reduce the risk of losing employees in the short term by only hiring individuals who are able to present documents showing they are eligible for employment and by completing the Form I-9 timely and accurately. 

Employers in food supply, transportation, construction, hospitality, landscape, tourism and service industries who fear they may suffer workforce reductions if their employees are ultimately determined to lack lawful authorization should consider hiring guest labor through the federal H-2A or H-2B programs. Foreign nationals should also consider lawful immigration options including employment-based for family-based work permits and green cards. 

Can ICE Arrest Employees at the Job Site? 
Yes. These types of arrests can occur in multiple ways.  First, ICE can station outside of the job site and arrest and detain employees who are reporting to work or who are departing the premises. These types of enforcement activities can be completed without entering business premises. ICE can also seek judicial warrants from federal courts throughout Louisiana for entry on premises to search and arrest individuals who are suspected of having entered the United States unlawfully. 

What Types of Papers Does ICE Need to Enter a Business?
When completing employer compliance investigations (i.e., worksite enforcement activities), ICE normally issues a Notice of Inspection and Subpoena that seeks I-9 forms, payroll records and employee lists.  When ICE serves a Notice of Inspection, 8 CFR 274a.2(b)(2)(ii) gives employers at least three business days to produce I-9 forms for review by the federal government.  Although many DHS agents demand businesses to produce I-9 records immediately, employers should decline and use the benefit of the three-day rule as well as any other extensions DHS might offer. 

DHS, ICE and the U.S. Department of Justice (DOJ) may also seek a judicial warrant from federal courts in Louisiana so they can enter premises, search, and arrest employees who lack documentation and the employers who employ them. In that scenario, the federal government would need to present a judicial warrant to permit the search. Although there is a right to receive and review the warrant generally (for example, individuals and organizations that are subject to the warrant have a right to contest and quash the warrant), the federal government is not obligated to delay enforcement of a judicial warrant to allow employer or employees to review the warrant or to file a motion to quash. 

What are My Rights Relative to Interactions With ICE? 
The most fundamental right is the right to remain silent. There is no obligation to respond to ICE questions during enforcement activities. An equivalent right is the right to remain free from unlawful searches and seizures. Private premises (including business spaces that are not open to the public at large) are protected from searches unless a judicial warrant issues.  Businesses that are subject to ICE raids have the right to have counsel present and to receive service of any Notice of Inspection and Subpoena. 

Any person or entity subject to a judicial warrant has the right to contest or limit the scope of the warrant through judicial process, and they are never required to leave their premises (unless arrested) or to assist the federal government in enforcing a warrant. Individuals who are detained by ICE have the right to counsel (at their expense). They also have the right to receive a Notice to Appear if DHS decides to place them in removal proceedings. 

No employer or individual has the right to unlawfully interfere with ICE enforcement, but the interactions can be recorded so long as recordings to not disrupt enforcement actions. Employers and individuals are not obligated to produce records or present papers absent Notice of Inspection, Subpoena or Judicial Warrant. 

There is also a fundamental right to free speech. So, individuals and businesses who are subject to ICE interactions may publish those interactions and communications through lawful means like social media. 

How Can Employers Warn Employees About the Upcoming ICE Enforcement Activities in Louisiana?
Employers are permitted to announce ICE activities to their workforce and customers. Those communications should be delivered through a singular point of contact so messaging can remain uniform. The substance of those communications should inform the workforce and customers that ICE enforcement activities are planned to occur in the upcoming days and that no particular employer can know whether their business would be targeted. 

Employees should be advised that, should ICE appear and question them, they have the right to remain silent and to report the interaction to management. Employers should be mindful that some employees may avoid work or request leave to decrease the likelihood of interactions with federal authorities. This type of request does not necessarily mean that the employee at issue is undocumented. Accordingly, employers should exercise restraint in making conclusions about any employee’s immigration status until the issue is verified through lawful means. 

At all times, employers are obligated to employ in a non-discriminatory matter with respect to race and national origin. The same rules that apply to all employees with respect to equal employment opportunities also apply to individuals who are foreign nationals. When communicating with the workforce about ICE enforcement activities, employers may choose to distribute literature like “Know Your Rights” cards like the one published by the National Immigration Law Center.

Keep in mind that if an employee discloses unlawful status and ineligibility for employment, then the good faith defense concerning unlawful employment would cease to apply from the time an employer receives actual knowledge of ineligibility.  Employers are not necessarily liable for the employees of independent contractors. But they are never allowed to engage independent contractors who they know hire undocumented employees. 

What is the Best Way to Interact With Federal Authorities in an Immigration Enforcement Scenario? 
Professionalism is key. If federal authorities approach a business with a Notice of Inspection, Subpoena and/or Judicial Warrant, then the employer should remain calm while the government completes the enforcement activity. Planning ahead is also key. Businesses should now determine which manager would be the point of contact in case worksite activities take place. A centralized liaison could facilitate speedy and efficient interactions that are least disruptive to business activities. 

Businesses should never attempt to unlawfully interfere with federal law enforcement authorities because doing so exposes the business, its managers, patrons and employees to risk of detention or related safety risks. Instead, they should now identify their I-9 records and make those documents orderly and available for production if asked through lawful means. Businesses should also adopt a “no comment” policy to reduce the risk of making inaccurate statements to federal authorities who enforce immigration laws. Employment eligibility/hiring policies should also be updated so a uniform and lawful onboarding process is clearly established and enforced at the workplace. 

As to individuals who come into contact with ICE, they should also exercise their option to remain silent. If they are arrested and placed in removal proceedings, individuals must understand that their initial detention could last at least two weeks to one month before any application for bond release can be presented to an immigration judge. Removal proceedings for detained people could last more than three months in a scenario where the defendant remains in jail. Removal proceedings for those who are not detained could continue for years in a scenario where the defendant would not be jailed while awaiting a final determination on immigration status. Individuals who entered the United States unlawfully are no longer eligible for bond release as a matter of right. But people who entered the United States legally and then overstayed their visas may be eligible for bond release while their removal cases are pending, so long as they do not have criminal convictions or other ineligibility circumstances. 

Because ICE enforcement is now both rampant and (arguably) antagonistic, businesses and individuals should be mindful to remain safe while arrests are made. The federal government’s current policy is to allow ICE agents broad authority in deciding how arrest and detention can be effectuated. Legal remedies for excessive force can be had after booking and processing is complete, but it is unlikely that those concerns would receive any address in an ongoing enforcement scenario. 

Who is At Risk of ICE Investigation, Arrest, and Detention? 
In Noem v. Vasquez Perdomo (September 8, 2025), the U.S. Supreme Court concluded ICE may use race-related factors in immigration stops. This means the federal government may rely factors like apparent race or ethnicity, language spoken and the type of work when determining who will be subject to immigration enforcement. This means the federal government can seize anyone who looks Latino, speaks Spanish, and appears to work in a “low-wage” job. 

This standard places Louisiana residents (both native and foreign-born) at unique risk:  Creole culture predominates in Louisiana. Although this population is American, the community has physical features that vary significantly in terms of color and language – especially in metropolitan areas like New Orleans, Baton Rouge and Lafayette. Some cultural norms are very similar to those in Latin communities. Accordingly, Louisiana communities should be especially aware that ICE agents may station in neighborhoods that are predominately Creole under the mistaken belief that the residents are undocumented individuals. To reduce this type of risk, all Louisiana communities should consider carrying lawful identification at all times. This could include a validly issued (and unexpired) passport, driver’s license or birth certificate. 

ICE will commence its Louisiana operations within the next two weeks. To prepare, Louisiana residents should plan ways to lawfully avoid interactions with federal authorities and should consult with immigration counsel about options to obtain status and reduce the risk of arrest and detention. 

Contact Brandon Davis or any member of the Phelps Immigration team for more information about the planned ICE enforcement activities.