Know Your Rights: What to Do If ICE Comes to Your Workplace

Jan 19

If Immigration and Customs Enforcement (ICE) comes to your workplace, it’s important to understand your rights and take appropriate steps to protect yourself and your colleagues.

1. Stay Calm and Do Not Run

Running may be seen as an admission of guilt and could make the situation worse.
Stay where you are and follow these steps carefully.

2. You Have the Right to Remain Silent

You are not required to answer questions about your immigration status, where you were born, or how you entered the U.S.
If you choose to remain silent, say: "I am exercising my right to remain silent."
You do not have to show any documents proving your status unless you are specifically asked by an officer in a situation where it is legally required (e.g., if you are a noncitizen with certain visa types).

3. Do Not Sign Anything Without a Lawyer

ICE agents may pressure you to sign documents that waive your rights.
Do not sign anything until you have spoken to an attorney.

4. Ask to Speak to a Lawyer

You have the right to legal representation.
If you are detained, request to speak with a lawyer immediately.

5. Request a Warrant

ICE cannot enter non-public areas of your workplace without a judicial warrant signed by a judge.
If ICE presents a warrant, ask to see it. Make sure it has:
- Your name (or the name of the person they are looking for).
- A judge’s signature (not just an ICE officer’s).
- The specific areas to be searched.
If ICE does not have a warrant, you can refuse entry to non-public areas.

6. Do Not Interfere or Obstruct the Investigation

While you can refuse to answer questions or provide documents, do not physically resist or interfere with ICE agents, as this could lead to legal consequences.

7. Record and Document the Incident

If possible, take notes or record the encounter on your phone.
Write down the agents’ names, badge numbers, and what they say.
Get the names and contact information of witnesses.

8. Employers Should Know Their Rights and Responsibilities

Employers are not required to allow ICE into non-public areas without a judicial warrant.
Employers should not share employee records without a subpoena or warrant.
Employers should provide workers with a "Know Your Rights" training.

9. Seek Legal Help Immediately

If you or a coworker are detained, contact an immigration lawyer as soon as possible.
Have a plan in place, including emergency contact information and a trusted legal resource.

By understanding and asserting your rights, you can better protect yourself and others in your workplace. If you need legal assistance, reach out to an immigration attorney or a trusted advocacy organization.

Employer’s Guide: What to Do If ICE Comes to Your Workplace

As an employer, you have legal rights and responsibilities if Immigration and Customs Enforcement (ICE) comes to your workplace. Understanding these rights can help protect your business and employees while ensuring compliance with the law.

1. ICE Needs a Judicial Warrant to Enter Non-Public Areas

ICE cannot enter non-public areas of your workplace (e.g., employee-only sections, break rooms, back offices) without a judicial warrant signed by a judge.
Ask to see the warrant and verify that:
- It is issued by a judge (not just an ICE officer).
- It lists the specific location to be searched.
- It has the correct names of individuals they are looking for.
If there is no judicial warrant, you do not have to allow them access to non-public areas.

2. You Are Not Required to Answer Questions

You have the right to remain silent and are not required to provide information about your employees’ immigration status.
Train managers and front-desk staff to politely decline answering questions and refer ICE to legal counsel.

3. Do Not Allow ICE to Review Employee Records Without Proper Documentation

ICE needs a subpoena or warrant to access I-9 forms and other employment records.
If ICE requests records, ask for time to consult with legal counsel before providing any documents.
Employers have three business days to respond to an I-9 audit notice.

4. Do Not Retaliate Against Employees for Exercising Their Rights

Employees have the right to remain silent and not answer ICE’s questions.
Retaliation (e.g., firing or disciplining workers for asserting their rights) is illegal and could expose your business to legal action.

5. Inform Your Employees of Their Rights

Employees are not required to answer ICE’s questions about their immigration status.
They should remain calm and not run if ICE enters the workplace.
They should not sign anything without speaking to a lawyer.
Provide employees with Know Your Rights training and information.

6. Have a Workplace Plan in Place

Designate a response team (including legal counsel) to handle ICE visits.
Train managers, receptionists, and HR personnel on proper procedures.
Post emergency contact information for an immigration lawyer or advocacy group in the workplace.

7. If an Employee Is Detained

Do not provide ICE with employee information unless legally required.
Encourage the employee to remain silent and ask for a lawyer.
Contact legal counsel immediately to provide assistance.

8. Protect Your Business from Legal Liability

Ensure your business follows all employment verification laws (I-9 compliance).
Avoid discriminatory hiring practices—do not selectively check certain employees’ documents.
Maintain consistent employment policies to avoid claims of discrimination or retaliation.

9. Seek Legal Guidance Immediately

If ICE conducts a workplace visit, consult with an immigration attorney to ensure compliance and protect your business from legal risk. Having a clear plan in place will help you respond appropriately while safeguarding both your business and employees.

Nataly Mualem