Know Your Rights for Workers
No matter where you’re from, everyone has the right to a safe workplace. Federal and state civil rights laws protect all workers from discrimination and harassment on the basis of race, color, gender, religion or national origin. Both workers and their employers should prepare for potential immigration enforcement in the workplace.
Workers’ Rights: Regardless of immigration status, every worker has protection from discrimination before and after you are hired. This includes harassment by coworkers or customers about your culture, national origin, and/or religion that makes you feel unwelcome in your workplace. All workers also have the right to equal pay regardless of immigration status. Finally, your employer must provide a workplace that does not put health or safety at risk, such as working in extreme room temperatures.
Immigration Enforcement in the Workplace: Immigration officials can only enter a workplace with the permission of an employer or business owner. If the employer allows immigration officers to enter, they may ask questions about your immigration status. Whether you have work authorization papers or not, you still have certain rights when interacting with immigration officers on the job:
Do not run from an officer or resist arrest. Resisting arrest or stopping immigration officers from arresting someone can lead to criminal charges against you. Remain calm.
If the officer asks you questions, you have the right to remain silent. You may decline to provide any documents about your immigration status.
Never give false information, including ID, to any immigration officer. Doing so could lead to serious legal problems including deportation.
Tell the officer that you wish to speak to your lawyer before providing any information.
Refuse to sign any documents from immigration officials before consulting with your lawyer about the document.
E-Verify: Employers in Oregon and across the United States are increasingly using E-Verify to confirm employment eligibility. If you have any concerns about your employer’s use of E-Verify because of your immigration status, contact ICS or another immigration attorney. ICS will advise you on your rights and help you navigate the process. You may need to provide copies of your passport, visa, or other documents that confirm your employment eligibility. If eligible, ICS can help you apply for these documents or request replacements for lost documentation.
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.
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