In the latest episode of Jackson Walker Fast Takes, host Courtney White discusses changes in U.S. immigration policy under the Trump administration with immigration partner Kelly Cobb. The conversation focuses on the role and activities of U.S. Immigration and Customs Enforcement (ICE).

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Episode Transcription

Courtney White: Hi everyone, I am Courtney White, and this is Jackson Walker Fast Takes. This is our second podcast addressing changes in US immigration policy under the Trump administration. Joining me today to discuss these changes is Kelly Cobb, an immigration partner in Jackson Walker’s Houston office. Kelly, thanks for talking with me today.

Kelly D. Cobb: Well, thanks Courtney.

Courtney White: So, I’d love for us to start by discussing who makes up ICE, and why are we hearing so much about this agency right now?

Kelly D. Cobb: So, ICE is U.S. Immigration and Customs Enforcement. It’s part of the immigration service and it’s under the Department of Homeland Security. ICE enforces immigration laws and that includes arrest, detaining, removing undocumented individuals who are unlawfully present and subject to removal. ICE will work with local, state, and federal law enforcement. The reason you’re hearing a lot about this now is due to the current administration’s policy on removing individuals who are here undocumented with criminal records.

Courtney White: Okay, so what is ICE actually allowed to do if they happen to show up at a company or another type of organization?

Kelly D. Cobb: They’re able to enter businesses, to the public areas, and it could be business or any type of organization. They are usually unannounced. They are not allowed to go into private areas. And they are able to locate and detain specific individuals there on site. Usually, you’re going to hear about ICE targeting businesses with a large number of non-US citizen workers. They can enter the public area, like I said, without permission, but not the private areas within a company without your consent or a judicial warrant. I think it’s important for people to always remember that you do have the reasonable right to privacy and the right to remain silent if ICE does enter the premises.

Courtney White: Could you just discuss the various types of warrants that a company or organization could see if ICE shows up?

Kelly D. Cobb: Well, if ICE does make a visit, it’s important that they have a warrant to explain why they’re there and what are they looking for. There are two different types of warrants. There is the judicial warrant. Which is a written court order authorizing a law enforcement officer to make an arrest, a seizure, or a search of a private area within an organization business or even a home. With the judicial order, you can’t ignore or refuse to obey this warrant. Generally, the warrant will have specifics, the day, the location, and exactly what it is they’re looking for. And they’re able to arrest individuals when they do have this judicial warrant. Now there’s also the administrative warrant. This is often called an ICE warrant.

So, this too is a written document authorizing an officer from a federal agency such as someone from ICE or Homeland Security to make an arrest or a seizure. This is issued by a federal agency, and it may be signed by an immigration officer or an immigration judge. Now, unlike the judicial warrant, these immigration warrants, they do not authorize a search or entry into your home or the private area of a company.

Courtney White: And so, a lot of what we’ve also heard is that ICE could potentially raid a organization or company. What are these ICE raids and who is impacted?

Kelly D. Cobb: So really any entity would be impacted because ICE is looking for individuals that either have criminal records and they are aware of the criminal record or they’re working without authorization. They may be looking for a specific person. Again, any place or any type of business, for many years, there has been a policy in place that ICE would not visit what was called sensitive areas and this would include schools, churches and hospitals. They were considered off limits. This policy has been rescinded which means that these areas may be visited by ICE but keep in mind if they are they still have to follow the same protocols. They have to have a warrant.

In addition, schools especially have their own procedures. They have their own policy to protect students. They know what laws they can use. Whenever there is a raid, the Department of Labor may also be present. The FBI could also be present, depending on the nature of the warrant, what they are seeking, who they are seeking. Along with these raids will sometimes come an I-9 audit. If you have individuals working who are there with, you know, they’re undocumented, then there’s going to be an I-9 violation. So, the Department of Labor will want to review I-9s to make sure that this isn’t the only issue with the I-9s for that entity.

Courtney White: What is the best way for employers or companies, how do they prepare considering all of these new things going on?

Kelly D. Cobb: Well, I think the most important thing is awareness and proactivity. And this is what we’re doing now, working with our clients. We’re working with nonprofits, different organizations to develop and implement internal protocols that start at the front desk, and they go all the way up to corporate management and counsel. That starts with having a designated representative as the main point of contact. And this would be someone that is normally on the premises and usually a management role. It’s important that this designated representative understand what warrants look like.

Now, I don’t expect them to be able to or have the responsibility to review and understand exactly what the warrant entails. That’s why it’s important as part of the internal protocols is to have your attorney on-speed dial, know how to reach them. Have corporate management on board so that these representatives of the company and the counsel can be there to understand exactly what ICE has the authority to do while they’re on the premises. Once the warrant has been read and if the agents are allowed to carry out the search or review detain of an individual, it’s important to monitor their activities while they’re there on the premises because you want to make sure they’re acting within the four corners of the actual warrant. They’re only allowed to do what is specifically stated on that warrant.

Courtney White: Kelly, thank you. This was a lot of information, and it was very, very helpful. So, thank you so much for coming on the JW Fast Takes podcast today.

Kelly D. Cobb: Well, thank you for having me, Courtney.

Courtney White: And for more information and additional JW Fast Takes podcasts and webinars, please visit JW.com/fast.

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The music is by Eve Searls.

The opinions expressed do not necessarily reflect the views of the firm, its clients, or any of its or their respective affiliates. This article is for informational purposes only and does not constitute legal advice.

Meet Kelly

Kelly Cobb is a partner in the Business Immigration & Compliance section of Jackson Walker’s Houston office. Kelly primarily focuses on U.S. corporate immigration law, including applications/petitions for all visa categories and paths to U.S. permanent residence and naturalization. She offers experienced counsel related to navigating the intricacies of ever-changing laws, regulations, and government processes in Immigration law. She has more than 20 years of experience counseling clients in the development and implementation of strategic immigration policies and advising U.S. and international clients on immigration issues related to corporate restructuring, including mergers and acquisitions, joint ventures, and start-ups.