During this year, many of us have seen and/or heard news reports of immigration enforcement efforts across the nation. When a Deputy Commissioner in the Virginia Workers’ Compensation Commission raised a question regarding how the Commission would respond if immigration enforcement agents appeared at one of its facilities, this prompted internal discussions, leading to actions being taken by the Commission.
To address the possibility of federal immigration officers’ appearance at a Commission hearing, our Executive Director and Commissioners were acting to be prepared for the possibility of such visits. There was a concern that the Commission was not prepared for what might happen if federal immigration agents arrived at a Commission building. Our Executive Director and the Commissioners spoke with colleagues from other states to inform themselves about views from around the country concerning this topic. When I was asked to write the policy, I was provided with background information that they had gathered. At that time, only a couple of states had prepared for immigration enforcement visits.
Aligned with the aforementioned concerns, this policy has two major goals. The first is to establish instructions for Team Members, so that they can follow state and federal laws. The second is to ensure, as much as possible, the safety of every person who is in a Virginia Workers’ Compensation Commission (VWC) building. We intend to do our very best to ensure that anyone who is in one of these locations is safe. That includes both our Team Members and people who visit our premises to conduct business with us. We hope to be able to accomplish this, while also complying with state and federal law.
Of course, we felt that we should present these policy objectives in a calm, measured and rational way. Because this policy is intended to protect the safety of Team Members, contractors and visitors and to ensure compliance with state and federal laws, it establishes guidelines for possible visits from federal agents at an official VWC workplace or an offsite hearing location. We understood that such an event could have a serious impact on both Team Members and visitors to our locations. However, we also know that VWC Team Members deal with serious, and sometimes devastating, issues daily.
This policy explains to our Team Members that, if federal agents arrive, they should remain calm, be polite and direct the agents to onsite security. Security will follow their company’s procedures to immediately alert VWC management (and law enforcement, as needed), who will come to the security desk to review the information the agents provide. The policy also asks that when such interactions occur, there is documentation of who was involved in the interaction, when this occurred and any information that records the visit for recordkeeping and future reference, as needed. We have trained our Team Members on this approved VWC policy and plan to address their concerns when presented.
None of us can predict the future. We hope that the instructions in this policy and the training that covers its provisions will help to maintain peace, safety and compliance with state and federal law.
VWC Policy ADM-10: Immigration Enforcement by Federal Agents, in part:
Effective: August 12, 2025
Statement of Policy
The purpose of this policy is to establish guidelines for handling situations in which federal agents come to an official Commission workplace or an offsite hearing location for the purpose of immigration enforcement. This policy aims to protect the rights of employees, contractors and visitors and to ensure compliance with federal and state laws.
A. Interactions with Agents
1. All interactions with federal law enforcement should reflect the Commission’s core values.
2. Employees must not allow their personal feelings to interfere with law enforcement. Any employee who is found to obstruct federal law enforcement will be subject to disciplinary action that may include termination.
B. Employee Rights
1. When they are without legal representation, employees have the right to remain silent and not answer questions from federal agents.
2. Employees should not be coerced or intimidated into providing information or documents to federal agents.
C. Access to Legal Counsel
Employees have the right to contact legal counsel before speaking with federal agents.
D. Confidentiality
1. All employees involved during an incident will maintain confidentiality regarding the presence of federal agents and any information obtained during the encounter.
2. Information will only be shared with individuals who have a legitimate need to know.
E. Training
1. Training on this policy will be provided to all employees wishing to attend.
2. Training will be conducted annually or as needed.
F. Compliance
Failure to comply with this policy may result in disciplinary action, up to and including termination of employment.
G. Review and Revision
This policy will be reviewed annually and updated as necessary to ensure compliance with federal and state laws.
Procedures
A. When federal agents appear on scene in one of VWC’s offices or a remote hearing location, employees should remain calm. They should not panic.
B. Employees should direct all inquiries to the onsite security guards. Employees who are approached by agents in Commission parking lots should direct the agents to onsite security.
C. Security should follow procedures outlined by their company, but should always include the following:
1. Alert facilities management immediately.
2. Remain calm, professional and respectful.
3. Refer law enforcement questions to their supervisor and/or client representative.
4. Observe, document and report all facts regarding the law enforcement visit, including:
a. Name of the law enforcement agency;
b. Name(s) and badge number(s) of the officer(s);
c. Warrant information or a copy of the warrant, if available; and
d. Details of all requests and/or conversations that occurred.
D. Further Considerations
1. No documents or records will be released without either review by the Office of the Attorney General (OAG) or a formal request made via a subpoena or a court order from a federal court.
2. All involved parties should be provided language assistance, if needed and if possible. The Commission should not appear to be obstructing federal enforcement actions by using language assistance as a delay tactic.
3. All press inquiries must be directed to the agency’s designated communications officer (Chief Deputy Commissioner).
E. If a federal agent or designee appears at a Commission workplace for immigration enforcement and the individual in question is a Commission employee:
1. Security should contact the Human Resources Department (HR), and the Executive Director or Facilities Management’s Chief Financial Officer. If none of these are available, security personnel should contact the Chair of the Commission. If this occurs at a regional office, the security officer should additionally contact the managing Deputy Commissioner.
2. The HR representative, Executive Director or Chief Financial Officer (CFO)/designee will need to meet the agents at the security desk and review the information provided. If this occurs at a regional office, security should contact the managing Deputy Commissioner or designee to meet the agents at the security desk.
3. If a valid judicial warrant is provided, the agents should be escorted by one of the parties listed above, because the agents do not have the authorization to move freely through the building. If a security employee is available, that person should accompany Commission employees to ensure that all interactions are documented and witnessed.
4. All Commission employees are expected to reasonably cooperate with law enforcement. Employees must not affirmatively obstruct or impede federal law enforcement actions.
F. If a federal agent or designee appears at a Commission workplace for the purpose of immigration enforcement and the individual in question is a visitor who is in the building to attend a hearing or to conduct other relevant business with the Commission:
1. Security should contact the Clerk of the Court, Chief Deputy Commissioner or the Commissioners. If an action occurs at a regional office, the managing Deputy Commissioner should also be contacted.
2. For enforcement action occurring in the vicinity of a hearing location and not in a courtroom:
a. The Commission has designated the Headquarters in Richmond and each of the Regional Offices as Courthouses under the law of Virginia.
b. Remain calm, professional and respectful.
c. Do not affirmatively obstruct or impede ICE enforcement actions or accompanying law enforcement officials. Commission employees are expected to cooperate reasonably with law enforcement.
d. Employees should immediately contact their supervisor as soon as possible.
e. Observe and document any proceedings by using available means (writing, photo, video or otherwise) to record the:
• Name of the law enforcement agency;
• Officer(s) name(s) and badge number(s);
• Warrant information or a copy of the warrant, if available; and
• Details of all requests and/or conversations that occurred.
• Submit all information and documentation to your supervisor.
3. For enforcement action occurring in a VWC courtroom or satellite hearing location:
a. VWC has designated our Headquarters and each of our Regional Offices as Courthouses under the law of Virginia.
b. Do not affirmatively obstruct/impede ICE enforcement actions or accompanying law enforcement officials.
c. Observe and document by available means (in writing, photo, video or otherwise) any proceedings causing concern.
d. In the interests of preserving due process and documenting any action in a VWC Courtroom, a Deputy Commissioner may exercise discretion in how to proceed.
e. The Deputy Commissioner may choose to make the following inquiries pursuant to current ICE Guidance:
Instruct the Evidentiary Hearing Clerk to go on the record and record:
Deputy Commissioner:
This is Deputy Commissioner __NAME__ of the Virginia Workers’ Compensation Commission. The date is __MONTH/DATE/YEAR__. The time is __TIME AM/PM__ and we are at __LOCATION__. I was conducting (or preparing to conduct) a hearing in the matter of __STYLE OF CASE__. We were joined in the courtroom by other individuals.
It is my understanding this is an enforcement action by the United States Immigration and Customs Enforcement (ICE). This is a Virginia Courtroom of the Virginia Workers’ Compensation Commission so designated under Virginia Law. I am asking the following questions of the ICE representative on the record.
1. Ask for identification of the law enforcement agency.
2. Ask for the name and badge number of any law enforcement official(s).
3. Ask for permission to conduct or conclude any pending VWC proceeding.
4. Ask for, review and/or copy any Warrant.
5. State this is a non-criminal and specialized court. Ask to review evidence of the prior approval of the Field Office Director (FOD), Special Agent in Charge (SAC) or that person’s designee.
6. Please describe the substantial efforts you have made to avoid disrupting this court’s proceedings.
7. What steps have you taken to minimize the impact of this enforcement action on pending court proceedings?
8. Please provide confirmation that this enforcement action is not subject to jurisdiction specific legal limitations.
Document in detail or on the record any responses or action taken in a VWC Courtroom. Provide this information immediately to VWC leadership.
Questions may be directed to the Chief Deputy Commissioner or members of the Commission.
G. If the agents attempt to force their way into the building without giving their names or their badge numbers or showing a valid judicial warrant or if the agents escalate, at first comply, document the events as accurately as possible and contact the appropriate local law enforcement, such as the Capitol Police or the local police department. Documentation can include video captured via cell phone camera.
H. After the agents leave, security personnel and any employees who interacted with the agents must immediately document the encounter and include as much information as possible. As noted in G above, documentation can include video captured via cell phone camera. All information should be submitted to the employee’s supervisor for review.
