When to call your practice's attorney

Physicians Practice: At what point should the practice call their attorney, and what should that lawyer’s role be during or after an ICE interaction?

Katie P. Russell, J.D.: This is a very common question that we’ve gotten, especially this year—there have been so many changes. A lot of people have never really had to think about what to do in the event of ICE communication or officials coming in to check status. It’s a really scary area.

What I always say is that being prepared and having a plan in place is essential—just have it as a back-pocket thing in case you ever need it. As an immigration attorney, I’ve helped a lot of individuals and companies with this exact type of situation.

Our role generally is to meet with the head doctor or practitioner and go over everything: making sure all documentation is in order, all Form I-9 paperwork is properly prepared and organized, and that everything is ready in case ICE shows up for an inspection and requests those forms and supporting documents. Those types of visits can happen at any time, so it’s important to ensure administrators and HR staff are educated, prepared, and organized during onboarding to prevent surprises later—like discovering an employee wasn’t authorized to work in the United States.

We also provide specifically tailored staff trainings depending on the type of practice and even the layout of the physical office. There are areas that are public spaces, which law enforcement can access just by walking in the front door, but there are also private areas that agents cannot enter unless they have a warrant or receive authorization from staff. During on-site trainings, we can point out which areas are off-limits and which are accessible—it’s all about education.

In the event of an ICE visit, I’ve received many calls this year from clients saying, “Hey, Katie, we’ve got some officers here—when can you come down?” I’ll get up, leave my office, and respond to these types of investigations on-site. Again, it’s all about being professional, communicating clearly, and asking to see documentation. If they don’t have that documentation, hearing that a lawyer is on the way is usually enough for them to go and get whatever they need. It all comes down to preparation and education.