13 Feb What you and your employer can do when the ICE arrives at the workplace

The foregoing topic is based on the suggestion of the National Immigration Law Center (NILC) with regards to your rights when the ICE arrives at your workplace.

It is important to have a plan of action when the ICE comes to your workplace. Some on this actions are:

• Train all workers to NOT allow ICE agents to enter your workplace.
• A worker can say, “I can’t give you permission to enter. You must speak with my employer.”
• Train all workers to NOT interact with ICE agents. If ICE agents have questions or requests, workers should say nothing, or say, “You are not allowed to enter. Talk to my employer.”

There is a distinction between Public and Private areas of a business with regards to privacy.

• Anyone – including ICE agents – can enter public areas of your business without permission.
• Public areas include a dining area in a restaurant; parking lot; lobby or waiting area.
• Being in a public area does NOT give ICE the authority to stop, question, or arrest just 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 a “Private” sign, keep the doors closed or locked, and have a policy that visitors and the public cannot enter those areas without permission.

For Private Areas

Immigration agents can enter a private area ONLY IF they have a judicial warrant.
A judicial warrant must be signed by a judge and say “U.S. District Court” or a State Court at the top.
Without a judicial warrant, ICE agents need YOUR permission to enter private areas of your business.
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. The employer can accept the warrant but still decline to consent to the search.
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.
Administrative warrants are not from a court. They say, “Department of Homeland Security” and are on Forms I-200 or I-205.

What should you and your employer do during the raid?

During the Raid

• Employers have rights when ICE goes to business. ICE agents do not always have a right to enter your business, stop or arrest workers, or take documents.
• Work with a community or legal group to arrange a “Know Your Rights” training for you and your staff and pay your staff for the time they spend in training.
• Stay Calm!
• Ask 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.
• Watch the agents and see if they are complying with what’s written in the warrant. If the agents are searching areas not listed in the warrant, object to those searches by voicing your objection and noting it.
• 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 the workers’ rights. Save any company surveillance footage taken during the raid.

Undocumented should contact an immigration attorney to handle their case so that they know what to do and to contact whenever there are problems coming their way. They should also renew their passport and have their birth certificate and marriage certificate available. In addition, they should have the contact phone number of all their relatives and friends who they need to contact in case of emergency. The most compelling action is to file any application with USCIS for adjustment of status or asylum before Immigration raids happen.

Note: This is not legal advice.

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Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He has practiced immigration law, bankruptcy, and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.