Navigating the Threat of ICE Raids, Part Two

The LA Times and several other new sources have reported “leaked information” from “officials” indicating that Los Angeles would be the target of “large scale” ICE raids by the end of February.   It is unclear whether these increased enforcement efforts will target employers, or if they will instead focus on schools, hospitals, and churches, which appear to be new favorites in the recent rounds of raids nationwide. 

In response to the threats of raids and deportation under the new administration, Los Angeles, along with several other cities, saw protests last week.  One such protest shut down the 101 Freeway last weekend.   Thus far, thankfully, most of the protests have been relatively peaceful.

Both the threat of the impending raids and increased protests in response have impacted employers and their workforce over the last week.   One of my clients reported that several of their employees called out to attend the protest.   Another client told me that “his guys were freaking out” and were afraid to report to work. 

By some accounts, Los Angeles alone is home to over 800,000 undocumented immigrants.    This number only increases as we spread south into Orange County and San Diego, east into the inland empire, and north into Central California.  

My briefing last week centered on employers’ rights and obligations in the event of an actual ICE raid.  But in the interim, employers need to function with a workforce on high alert.   And let’s face it, we will have this threat for at least the next four years.  

What can you do in the meantime?

First, encourage your employees to keep coming to work.   Reassure your staff that being in the workplace may be the safest place they can be.   As discussed in my briefing last week, absent a warrant (which is rare), ICE and other officials cannot enter and search private workplace premises.  As employers, we legally cannot allow it.    Talk to your employees. 

Second, we have the issue of employees missing work due to the protests.   Legally, you do not have to  “accommodate” a protest-related absence.   But realistically, you may choose to do so.  Transparency will be key through these times.   Encourage your employees to provide you notice if they plan to miss a day.   I know that some businesses closed last week in support of the protests.  That of course is a choice open to you.   But as many businesses are struggling in 2025, especially with the fires, some of you may not have that option.   Work with your employees.   Manage the schedules.  

We know that most of our migrant workforce values their jobs, just as most employers value this workforce.   Increase your communication.   It is more important now than ever.  

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