Federal Gorvernment’s attack on immigrants affects both immigrant workers and employers. This guide explains:
- The most common immigration actions affecting employers.
- Recommendations for employers to prepare.
- Rights and responsibilities of employers.
- What employers can do after an action by Immigration and Customs Enforcement (ICE).
Important! This guide provides general information. It is not legal advice nor is it tailored to your specific situation. Consult with an immigration attorney for advice on your case.
What employers can do if immigration comes to your workplace
Immigration agents may show up at your place of employment to conduct an I-9 audit, conduct a raid, or detain specific individuals.
What is a Form I-9 Audit?
- It is a review that ICE conducts to verify compliance with Form I-9 regulations.
- Form I-9 confirms a worker’s identity and authorization to work in the U.S.
Form I-9 Employer Requirements
- You must complete an I-9 form for each new employee.
- You should keep I-9 forms on file for 3 years after hire or 1 year after the employee’s last day of work, whichever is later.
- You should not ask a worker to fill out Form I-9 more than once, unless their work permit is about to expire or there is another valid legal reason.
- It is not necessary to keep copies of workers’ identity documents or work authorization.
If the audit does not go well…
- If ICE determines that you did not comply with the Form I-9 rules, you could receive:
- An order to stop hiring people without valid work permits.
- Civil and criminal fines and penalties.
What is an ICE raid?
- ICE agents go to the workplace unannounced as part of an investigation into an employer.
- ICE agents are not police officers, but their uniforms may say “Police” or “Federal Agent” and they may carry weapons. Sometimes, local police or agents from other federal institutions accompany ICE agents in these raids.
What if ICE is looking for a specific worker?
- ICE may show up to locate one or more particular individuals. While there, they may attempt to interrogate, detain, and even arrest other people.
How employers can prepare for an ICE action
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Prepare a written response plan in advance
- Check with other companies or business associations about their strategies.
- Create a plan that works for you and practice it, such as a fire drill. You’ll be more prepared if you know what to do and say.
- Connect with immigration response networks in your area, they provide family, legal, financial, and media support if agents come to your company.
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Train employees NOT to talk to ICE
- Teach workers NOT to allow ICE agents into their workplace.
- An employee may say, “I can’t give you permission to come in. You should talk to my employer.”
- Train all workers NOT to interact with ICE agents. If ICE agents have questions or requests, workers should say, “You are not allowed to enter, talk to my employer.”
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Know Your Rights!
- Employers have rights when ICE visits a business. ICE agents do not always have the right to enter your business, or to detain or arrest workers or take documents.
- Work with your community or a legal group and host a “Know Your Rights” training for you and your staff.
What employers should do when ICE arrives
For public areas:
- No one, including ICE agents, may enter public areas of your business without your consent.
- Public areas can include spaces such as dining rooms, parking lots, and reception.
- Being in a public area does not give ICE authority to detain, interrogate, or arrest anyone.
- No one can enter a private area of your business without your permission or a judicial warrant.
TIP: To show that some areas are private, mark them with PRIVATE signs, keep doors closed and locked, and have a policy that does not allow visitors and the general public to access these areas without your permission.
For private areas:
- ICE can only enter a private area with a judicial warrant.
- A judicial warrant MUST BE SIGNED BY A JUDGE and must say “U.S. District Court” or “State Court” in the heading.
- Without a warrant, ICE agents need YOUR permission to enter private areas of your business.
- If officers try to enter a private area, you can tell them, “This is a private area. They cannot enter without a judicial warrant signed by a judge. Do they have a judicial warrant?“
- If ICE agents say they have a warrant, ask them for a copy and read it. The employer can accept the order but still decline a search.
- Sometimes, ICE agents try to use an administrative warrant to enter. But an administrative order does NOT allow agents to enter private areas without your permission. Administrative orders are not issued by a court. They say “Department of Homeland Security” and are printed on Forms I-200 or I-205.
During the raid:
- Stay calm and ask your workers to do the same. Do not run to the exits, this would only make things worse because ICE agents could say that people who were running were possibly violating immigration laws.
- If ICE shows you an administrative order with the employee’s name:
- You DO NOT have to report whether that employee is working that day.
- You DO NOT have to take ICE agents to the employee whose name is on the order (even if the employee is working at the time).
- DO NOT help agents separate people based on their immigration status or country of origin.
- Watch that the officers are complying with what is written on the warrant. If agents are searching areas that are not included in the warrant, object to those searches out loud and write them down.
- If you or any of your employees are willing, record what ICE agents do at your company. It can help prove whether agents violated your workers’ rights. Save all the videos taken by your company’s security cameras during the raid.
If ICE agents attempt to detain, interrogate, or arrest a worker:
- ICE agents may attempt to stop, interrogate, or even arrest a worker without proper authority.
- The best way to protect workers’ rights is to remain silent and request a lawyer.
- Workers are not required to provide ICE agents with any identification or documents.
- Any information workers give to ICE can be used against them later.
Immediately after the raid:
- Write down or record the following things after ICE has left:
- How many ICE agents were present (inside and outside)?
- How were the agents dressed? How were they armed?
- Did the agents make you or the workers understand that they could not move or leave?
- Did the agents mistreat anyone? If so, how?
- Notify the employees’ union.
- If any of the employees were arrested, ask ICE agents where they will take the detained workers. This information will help the worker’s family and attorney find that person.
Before an immigration action:
- Find a qualified immigration attorney now – before anything happens.
- Develop a written response plan. Practice your plan with workers. Practice what to say and what to do.
- Train your employees in the rights they have.
- Train your employees:
- DO NOT run away if ICE agents show up. Running could give ICE a legal reason to arrest workers.
- DO NOT allow ICE agents to enter your workplace.
- DO NOT answer questions or provide any information.
- You and your workers have the right to remain silent and ask to speak to an attorney.
- Provide your employees with a list of lawyers or organizations that can provide good quality, free or low-cost legal advice for them or their families.
- Connect with an immigration response network in your area.
During an immigration action:
- If ICE agents enter a public area of your business, tell them “I am the owner, you cannot enter other areas of this workplace without my permission.”
If officers try to enter a private area, tell them “This is a private area, you can’t enter without a judicial warrant signed by a judge, do you have a judicial warrant?”
- Ask your employees to film or take photos during a migration action (if they are willing).
- If ICE agents have a judicial warrant signed by a judge, ask for a copy and read it. Make a copy of this if you can. You may decline to consent to the search.
- Watch the agents carefully. Record what they do. See that they are following what is written in the order. For example, the order may limit the areas where agents can search.
- If ICE agents try to question you or your workers, remind workers that they have the right to remain silent and request a lawyer.
- When the agents have left, record or write down everything you saw. This will help you remember details when you talk to a lawyer later.
We’re here to help. Feel free to contact us at (346) 576-5000, SMS at (786) 802-7819 or email info@jmimlaw.com with any concerns.
