Mark Neuberger Featured in Q&A on How Employers Can Prepare for Immigration Visits

Foley & Lardner LLP of counsel Mark Neuberger was interviewed in the HR Bartender article, “What to Do If Immigration and Customs Enforcement Shows Up at Your Worksite,” offering legal perspective on best practices for employers.

Neuberger emphasized the legal complexities of workplace visits, stating, “The issues we are about to discuss are complex, involve a number of different laws including The Constitution and of late, it is clear the governmental agencies are taking a new and very aggressive approach to enforcement, so it is always best to get specific legal advice.”

On the scope of agency authority, he said, “The government can and frequently does show up unannounced at employer sites. The bigger issue is what they may legally do when they get there.” Regarding ICE entry and warrants, he advised, “It is critical that a management representative reviews the warrant, which must identify specifically what they are looking for and where they are permitted to go.”

Neuberger also outlined key steps for workplace preparation and compliance, highlighting the importance of designating and training point persons for law enforcement interactions, knowing distinctions between public and private spaces, and maintaining proper documentation.

“Part of the plan I recommend that employers develop should include communications with employees both before and after the government shows up,” he added.

For more tips on how companies and institutions can prepare for visits by immigration officials, click here for a February 2025 Foley blog on the subject.