Know Your Rights for Employers
Immigration enforcement affects all workers and employers, and preparation is key to protecting your workplace. Employers have rights when encountering ICE agents in their business, and enforcement officials do not always have the right to enter, arrest workers, or confiscate documents. Learn more on how to prepare for and respond to immigration raids at your business through this guidance from the National Immigration Law Center.
Preparing for Immigration Enforcement: Employers can take important steps to prepare their business and employees for a potential immigration raid, such as:
Create a response plan and conduct drills that include what to do and what to say when approached by immigration enforcement.
Train your staff to not talk to ICE agents. Your employees may say that they cannot provide permission for agents to enter private property. You and your workers have the right to stay silent and to ask to talk to a lawyer.
Post Know Your Rights posters around your workplace in English and Spanish.
Proactively consult an immigration attorney for their advice and request a Know Your Rights presentation for your employees. You may request a presentation from ICS by using our online contact form.
When Immigration Officials Try to Enter Businesses: Immigration officials may enter public areas of your business, but this does not give them the right to stop, question, or arrest just anyone. Law enforcement cannot enter a private area of your business without your permission or a judicial warrant.
If ICE agents enter a public area of your business, say: “I am the employer. You cannot go to other areas of the workplace without my permission.”
If ICE agents try to enter a private area, you should say: “This is a private area. You cannot enter without a judicial warrant signed by a judge. Do you have a judicial warrant?”
If ICE agents tell you that they have a judicial warrant, ask for a copy and read it.
Sometimes, ICE agents try to use an administrative warrant to enter. But an administrative warrant does NOT allow agents to enter private areas without your permission.
During an Immigration Raid:
Stay calm! Ask your workers to stay calm, too. Do not run to the exits. This will make things worse because ICE agents can say that people who are running are likely violating immigration laws.
When ICE shows you an administrative warrant with an employee’s name on it:
You do NOT have to say if that employee is working on that day or not.
You do NOT have to take the ICE agents to the employee named on the warrant (even if he or she is at work at the time).
Do NOT help ICE agents sort people by their immigration status or the country they are from.
If ICE agents try to question you or your workers, remind your workers they have a right to stay silent and to ask for a lawyer.
When immigration agents leave, record or write down everything you saw. This will help you remember the details when you talk to a lawyer later.
If you or an employee is willing, you should video or record what the ICE agents do at your workplace. You may be able to prove the agents violated your rights or your workers’ rights.
After an Immigration Raid:
Write or record these things after ICE leaves:
How many ICE agents were present (inside and outside)?
How were the agents dressed? How were they armed?
Did the agents make you or your workers believe you could not move or leave?
Did the agents mistreat anyone? If yes, how?
Notify the employees’ union.
If ICE arrests any of your workers, ask the ICE agents where they are being taken. This information will help the worker’s family and lawyer find the person.
Please note that this information is general guidance and not legal advice. For legal advice, request a consultation from ICS or speak to an immigration attorney today.
Additional Resources:
· Immigration Counseling Service