How to protect your business if immigration enforcement comes

This page is about protecting your business and your money. What to do during a visit by agents is on If ICE comes to work. This is general information, not legal or tax advice.

What should I do first?

Write down what you own and what you owe. Your trusted person cannot protect what they cannot find. List:

• Money: every bank, savings and payment app account, business and personal, with the name of the bank
• Property: your lease or deed, equipment, tools, vehicles and inventory, with receipts or titles
• Bills that must be paid: rent, loans, payroll, insurance, suppliers, utilities and subscriptions, with amounts and due dates
• Business papers: business name and type, EIN, licenses and permits, contracts and insurance policies
• People: your accountant or bookkeeper, landlord, main suppliers and best customers

Keep one paper copy in a safe place and one digital copy your trusted person can reach. Never write passwords on the same sheet.

Who should run things if I cannot?

Pick someone who is reliable, good with money and papers, and who will act in your interest. A co owner, a manager or a family member can work. You can split the jobs: one person for payroll, another for suppliers.

Talk with them now. Show them the list. Agree on what they should do in the first day, the first week and the first month.

How does a power of attorney help?

A power of attorney is a signed paper that lets someone else (your agent) act for you. California's fill in form, in Probate Code section 4401, lets you choose which powers to give. They include:

• Banking and other financial transactions
• Running your business
• Tax matters
• Claims and lawsuits
• Real estate, vehicles and other property

What to know:

• It starts right away and lasts until you cancel it, unless you write something different.
• It can keep working if you cannot act. The state form includes a sentence that keeps it in effect even if you become incapacitated. A power of attorney with that kind of sentence is called durable.
• Signing rules: it must have the date, your signature, and either a notary's acknowledgment or the signatures of two qualified witnesses. The state's fill in form must be acknowledged before a notary.
• The powers are broad. The form itself warns of this. Give them only to someone you trust completely.
• Banks may have their own forms. Ask each bank what it needs before you need it.

Some people want a power of attorney that takes effect only if they are detained. Ask a lawyer before you choose that. The paper has to say who decides that the trigger happened, and getting that wrong can leave your agent unable to act.

What about taxes?

Your agent may need to deal with the IRS and the California Franchise Tax Board.

• IRS Form 8821 lets a person or a firm see and receive your tax information.
• IRS Form 2848 lets someone represent you before the IRS. That person must be eligible to practice before the IRS, such as a tax professional.
• FTB 3520-PIT (for you or a sole owner business) or FTB 3520-BE (for a business entity) names a representative for California taxes. File online in MyFTB, or mail it to POA/TIA Unit, Franchise Tax Board, PO Box 2828, Rancho Cordova, CA 95741-2828. You must sign it yourself. Electronic and stamped signatures are not accepted. Processing takes about 3 weeks.

What do I owe my workers?

You still owe your workers every dollar they earned, even if your business is disrupted. If a job ends, final wages are due on a short deadline. See When you must get your last paycheck and make sure your trusted person can run payroll.

If immigration agents give you notice that they will inspect your workers' I-9 forms or other records, California Labor Code section 90.2 says you must tell your current workers within 72 hours, by posting a notice in the language you normally use with them. A first violation can bring a penalty of $2,000 to $5,000. See My employer is auditing everyone's work papers.

Does my business type matter?

It can. In a sole owner business, you and the business are the same. The SBA says a sole owner can be held personally liable for the business's debts. An LLC is a separate legal entity. Under California Corporations Code 17703.04, its debts belong to the LLC, not to an owner or manager just because of that role. Its papers (an operating agreement, or bylaws for a corporation) can name who manages things if you cannot.

An LLC has a cost: California charges every LLC an $800 annual tax, every year, even if it earns nothing. Weigh that before you change. See Sole owner, LLC or worker cooperative and talk with a lawyer before you change.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Free legal help for powers of attorney and immigration questions: Free legal help in the Bay Area. Check anyone first with Find a lawyer you can trust.
• Business coaching: Free small business coaching in the Bay Area.
• Free tax help: Free tax help and filing with an ITIN.
• Immigrants Rising Asset Protection Guide for Businesses: a free 2026 guide made with the Governor's Office of Business and Economic Development, the California Office of the Small Business Advocate and Public Counsel. Asset Protection Guide for Businesses (Immigrants Rising)

You are not powerless here. Every item you check off makes your family and your business stronger.

Is there a checklist I can print?