DENVER — Employers across the U.S. are being urged to build stronger preparedness plans for law enforcement encounters in the workplace. At the American Bar Association’s annual labor and employment law conference, legal experts said every organization — regardless of industry — should have a structured strategy for how to respond if state, local or federal officers arrive at a jobsite.
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This recommendation applies broadly, according to John Mazzeo, a former assistant chief counsel at the U.S. Department of Homeland Security. He explained that even outside of immigration enforcement, police could appear for many reasons, ranging from arrest warrants to investigations that involve current workers. However, with the Trump administration leaning more heavily on workplace raids to execute immigration policy, panelists argued that preparation has become increasingly urgent.
Mazzeo, now a senior director and associate general counsel at Vertical Screen, joined other experts in outlining six critical steps employers should start implementing immediately.
The person most likely to first encounter agents — whether a receptionist or security guard — needs focused training on protocol, tone and escalation, Mazzeo said. They should know exactly whom to contact internally before doing anything else.
Immigration attorney Jonathan Grode emphasized how critical those first moments can be. He advised attendees to “treat ICE like a vampire,” explaining: “don’t invite them in. If you do, they have all their rights and powers. If you restrict where they can go, you can mute their power a little bit.”
Once notified, an on-site manager — such as a plant leader — should be equipped to calmly de-escalate the situation while securing immediate legal guidance. This intermediary must stay composed, follow protocol and delay action until counsel weighs in.
Mazzeo advised employers to create a legally reviewed site map that distinguishes public and private areas. A lobby accessible without a badge may be public, while fenced facilities or badged work areas can potentially be classified as private. These designations determine where officers can go without a warrant.
However, he warned that training is critical. If workers routinely prop open doors or bypass security, the employer’s claims of privacy may collapse. A single careless habit could undermine an entire legal strategy.
Human resources teams need an independent response plan, panelists said. HR must know who is authorized to talk to ICE, how documentation requests will be handled and whether executives will complete mock “tabletop exercises” to rehearse preparedness.
Mazzeo strongly recommended proactive internal audits. Form I-9s contain crucial information and, as he put it, are “a law enforcement treasure box.” Employers should check document authenticity and completion accuracy under legal supervision to ensure privileged review and avoid self-incrimination.
Finally, panelists warned that in a world where cell phone cameras are everywhere, videos can protect — or harm — both employers and employees. Recordings can verify whether ICE stayed within warrant limits. However, employees could inadvertently face obstruction charges if they block officers while filming.
Mazzeo emphasized that employer security systems may be even more useful because they run constantly, are time-stamped, and monitor entrances. These systems could become key evidence if officers go beyond their legal authority. While the current White House is influencing agent behavior, Mazzeo cautioned, “all of those things are going to get tested in court sooner or later.”
Originally reported by Kate Tornone in Construction Dive.
