Preparing an Unannounced Visit from Federal Law Enforcement

WORDS: PETER J. SACOPULOS

Introduction

Since the first of this year, many in the Thoroughbred industry have been concerned with the unannounced appearance of Immigration and Custom Enforcement (ICE) officials at their farm, barn, and/or training facilities. Initially, there was an unofficial understanding that the current immigration policy would not focus on agriculture and related industries, including the Thoroughbred industry. That position changed on June 16, 2025, when the Department of Homeland Security altered its position regarding certain facilities, including farms and tracks.

A change in position: ICE raid at Delta Downs

Tuesday, June 17, 2025, began as a normal day at Delta Downs racetrack in Vinton, Louisiana. The track was conducting a quarter horse meet. Without notice or warning, United States ICE agents executed a raid. Roadways providing ingress and egress for the track were shut down, drones fitted with video surveillance cameras circled overhead, and ICE agents appeared on the backside to search for undocumented workers.

Approximately one hundred (100) persons were detained with zip ties and lined up outside the track kitchen. One of those detained was a rider that was instructed, by federal agents, to dismount. The horse was left unattended. Other horses were left in cross ties and walking wheels. In the end, the ICE raid at Delta Downs resulted in 84 arrests.

Because of this change in policy, it is important for those in the Thoroughbred industry, including trainers, owners, and veterinarians, who serve as employers and who have employees, to be prepared in the event that ICE officials visit their barn, farm, or training facility.

The Fourth Amendment of the United States Constitution: Search and Seizure

The Fourth Amendment of the United States Constitution addresses individual's rights and protections against unreasonable search and seizures. It states:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probably cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The Fourth Amendment, that is part of the United States Bill of Rights, requires federal agents to have a valid warrant and/ or subpoena. A warrant requires probable cause and must be supported by testimony presented before a judge. A valid warrant allows a specified area to be searched and must identify the persons and/or things to be seized. A subpoena, in contrast to a warrant, requires one to submit and provide testimony and/or to produce certain documents or physical evidence.

Preparing for an ICE Raid:

Where federal agents can and cannot go

Federal agents, including ICE agents and agents of the Department of Homeland Security (DHS), may go, without warrant or subpoena, into any publicly available space. ICE officials may not access areas segregated from the general public such as tack rooms or trainer's offices unless they have a particular legal document(s).

What is required for a legally valid warrant: A checklist

These legal documents fall into one of two categories.

• The first category is warrants signed by a judge. These are judicial warrants.
• The second category includes warrants and subpoenas signed by an administrative agency representative such as an Administrative Law Judge (ALJ). These administrative warrants are often referred to as Form I-200 or I-205 warrants.

The law treats these two categories differently. Generally, administrative warrants and subpoenas do not require compliance, while judicially signed warrants and subpoenas do require compliance. Also, a subpoena from a judge may be challenged. If a judicial warrant is not challenged, compliance is required. Because of this legal nuance, when confronted with a warrant or subpoena, it is recommended that legal counsel be consulted.

There are four key points to consider in determining whether a judicial warrant is valid. These points are:

1. Signature
2. Timeframe
3. Specified description of the premises to be searched
4. A defined list or category including the identification of persons or items to be searched and seized.

The document further explains the key points for a valid warrant:

• First, the warrant must be signed by a judicial officer.
• Second, to be valid, the warrant must specify the time in which the search must be conducted.
• Third, the warrant must set forth and describe, with specificity, the persons and/or items to be searched or seized. For example, it must specify a specific barn, office, tack room, etc. with some degree of specificity.
• Fourth, a valid warrant must include a list of those items to be searched for and seized.

If presented with a warrant, the following checklist should be considered:

1. Does the warrant bare the signature of a judicial officer
2. Is it dated and is the search being conducted within the dates certain on the warrant
3. Does the warrant provide specificity with regard to the premises of being searched
4. Does the subpoena provide a specific item or list of items or persons to be searched or seized.

In reviewing this checklist, a deficiency in any of these items may well invalidate the warrant or the subpoena.

Preparing for the ICE raid: Employer rights and responsibilities

What to do

If presented with a valid search warrant or subpoena, as an owner, trainer, or veterinarian, you should:

• First, make a written record. The record should include the identity of the supervising ICE agent and the United States attorney assigned to the investigation.
• The record should also include a written inventory and/or video of all items seized.
• In inventorying the item(s) seized, make a request for copies of those seized documents/ items. Note: ICE agents are required to provide an inventory of all items seized.
• Further, object to any search or seizure outside the scope of the warrant or the subpoena. For example, if the subpoena is limited in scope to a tack room and/or a backstretch office, any search of a vehicle or trailer would be outside the scope of the warrant/subpoena.
• In stating an objection with regard to a warrant or subpoena, do not debate with the ICE agents. Instead, state the objections and request the ICE agent record the objection. If an objection is made, record that as part of the written record.
• Additionally, if ICE agents exam or seize protected materials such as correspondence or memorandum to and from counsel, state an objection to the seizure on the basis of privilege and, in doing so, be certain to make a detailed list of those items being seized as part of the written record and request the right to counsel regarding the seizure of those documents.

What not to do

If presented with a valid search warrant or subpoena, you should not:

• Do not interfere with federal agent's activities.
• If federal agents request access to a locked area, assuming the area(s) are encompassed and set forth in the subpoena or warrant, provide access.
• And, importantly, do not provide any statement to a federal agent. There is no obligation to provide such a statement.
• While there is no obligation to provide a statement, do not instruct employees to refuse to provide statements. Such instructions may well be viewed as obstructing the investigation.

The better practice is to have a plan in place so that your employees understand what to do and what not to do.

Action to be taken after an ICE raid

It is important to memorialize what occurs immediately after the ICE agents leave. The information in the written report should include:

• The number of ICE agents that were present and whether those agents were armed.
• The memorandum should also include details with regard to the segregation of individuals and conditions under which they were detained and questioned.
• Further, if any employee or individual is arrested, the written report should include information where that individual(s) was/were taken.
• Additionally, this memorandum should include the notes taken during the raid and should be immediately provided to counsel.

Conclusion

The current aggressive policies toward deportation of undocumented immigrants have ramifications for horsemen and their employees and our industry. Oscar Gonzales, Vice Chairman of California Horse Racing Board, recently commented on this situation and correctly stated: "We all know there is a lot of anxiety right now... and what we do know now is there is a high possibility they (ICE) will be acting- and swiftly and rather aggressively". Vice Chairman Gonzales is correct. And those of us in the Thoroughbred industry need to be and stay prepared and informed.