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March-April 2025

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Pallet C e nt ral • Ma rch -Ap r il 2 0 25 17 Jason Ortega, JD, MBA, CAE, is the vice president of public affairs at NWPCA, where he leads advocacy efforts on behalf of the industry. He also oversees the NWPCA PalletPAC, working to strengthen the associa on's voice in legisla ve and regulatory ma ers. He plays a key role in advancing policies that support the wooden transport packaging sector. Contact: jortega@palletcentral.com. Donald K. Shandy, an a orney and director at Crowe & Dunlevy, is licensed in Texas and Oklahoma, and admi ed in mul ple federal courts, including the U.S. Supreme Court. A Fellow of the American College of Environmental Lawyers and the American Bar Founda on, he specializes in environmental and energy law and serves as an advisor to NWPCA. Contact: don.shandy@crowedunlevy.com. Create A Plan Of Action • Review Form I-9 records, work visas, and payroll records to ensure compliance. If there is an I-9 audit, the law gives you three workdays to produce forms. • Create an internal policy to provide employees guidance, including a list of designated staff authorized to engage with ICE during office hours and after hours of operation. • Employees should have the contact information of designated staff readily available so they can immediately notify designated staff if ICE agents are present. • Train employees to state they do not have the authority to grant access to enter your workplace or respond to any questions, and employees should refer ICE agents to designated staff. • Designated staff should receive additional training to practice engaging with ICE agents and to ensure they understand any warrants or documents that ICE may present. Provide designated staff with a contact list to notify the proper supervisor(s) and legal counsel. • Clearly demarcate what areas on the property are not open to the public. Designated staff should be trained not to permit ICE agents in private areas unless a warrant is presented. • If a warrant is presented, then designated staff should accompany ICE agents to ensure the inspection does not exceed the areas that may be searched according to the warrant. If ICE agents attempt to search beyond the areas permitted by the warrant, designated staff should verbally object to the search but should not physically interfere. • Document everything. Designated staff should create a record of any information provided by ICE, collect agent names, and record badge numbers. Immediately after the raid or audit ends, designated staff should prepare a summary for the company's records. Know Your Individual Rights • Right to remain silent. You and your employees have the right to remain silent. ey are not required to disclose their immigration status when interacting with law enforcement unless legally obligated based on their visa status. • Right to refuse search without probable cause. Individuals can refuse a request to search their person or belongings unless there is consent, probable cause, or a warrant. • Right to consult an attorney and make a private phone call.

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