Inmigrantes e inmigración

Workplace raids are enforcement operations conducted by ICE. They go to a place of employment to determine whether people are being unlawfully employed. Raids are used to investigate a large group of people at one time. Generally, ICE must have a judicial warrant or valid consent When someone gives permission for someone else to do something to enter non-public areas. However, they do not have to give advance warning to the workplace. During these raids, ICE agents can question and possibly detain workers they suspect are undocumented.

ICE agents can enter public areas of a workplace without a judicial warrant. Public areas are places that are open to the public. In contrast, non-public or private areas are areas of a workplace that are not open to the general public. Public spaces can include, for example, the dining area of a restaurant, or the parking lot of a business. ICE can stop and question anyone they suspect of not having lawful immigration status. If a person is stopped in a public place, they can ask the ICE agent if they are under arrest. If they say “No,” they can ask the ICE agent if they are free to leave. If the agent says “Yes,” then the person can leave the public area. They have the authority to arrest and detain people in public spaces. However, they must have a specific reason to do so. For example, if a person admits they don’t have status, ICE may arrest them.

ICE cannot enter private areas of a business or workplace. A private area is a place where general members of the public are prohibited from entering. To enter a private area, ICE must have either:

• A judicial warrant, or
• Voluntary consent When someone gives permission for someone else to do something from someone with authority and control.

The owner of the workplace, a manager, or a supervisor could be considered someone with authority and control over the workplace. People are not required to give ICE consent to enter private areas if ICE does not have a judicial warrant. Even if ICE has a judicial warrant, they can only enter and inspect the areas listed on the warrant.

Private areas can be clearly identified with signs on doors like "Private" or "Employees Only", or "Authorized personnel only." While signage is helpful, the space must actually be private in practice. If a space is marked "Private", but members of the public are still free to go in and out, ICE might consider it a public space they can enter. The space must actually be restricted from the public.

A judicial warrant is a document that is signed and dated by a judge.  Only judicial warrants give ICE the power to enter private spaces, not administrative warrants. The judicial warrant must include:

• A description of the locations ICE is allowed to search,
• A list of items they are searching for, and
• A timeframe they are allowed to conduct the search.

ICE agents can open doors and enter a private place by themselves if they have this warrant. For workplace raids, ICE must have a judicial warrant to enter private spaces of a business. 

ICE may try to present an administrative warrant and say that it gives them authority to search the premises. Employers can refuse to consent When someone gives permission for someone else to do something to search of private areas if ICE only presents an administrative warrant. View a sample administrative warrant.

Employers have the right to examine a warrant to check if it's judicial or administrative. They have a right to refuse entry if the warrant is administrative. The National Immigration Law Center has a side-by-side comparison of judicial and administrative warrants.

If ICE arrives at their workplace, employers have a right to call their attorney. ICE agents must have a signed judicial warrant to gain entry into private space without permission. Employers can ask to see the warrant. If ICE doesn't have one, employers can turn agents away from private areas.

If ICE does have a judicial warrant, employers must give agents access to the spaces listed in the warrant during the time period specified in the warrant. However, employers can restrict access to places not listed in the warrant.

Employers and staff cannot block or interfere with ICE activities if they have a valid judicial warrant. Physically obstructing ICE agents, hiding people or evidence, Anything used to show that something is true or lying are examples of interfering. This is not allowed.

Employers and staff can calmly assert their rights, and ask to speak with counsel. Another name for a lawyer They can follow ICE agents around the facility during their search to ensure they comply with the warrant. If ICE agents start to violate the warrant, they can voice their objection A protest made by an attorney during a trial. Le solicita al juez que excluya ciertas pruebas o testimonios. If the judge doesn't grant the objection, it's called a denial. to those searches. However, they cannot interfere at the time ICE is searching. 

Employers should consider capturing as much information as they can about the search. Esto puede incluir lo siguiente:

• Writing down the name and badge number of the supervising ICE agent,
• The locations that were searched, and
• Any objections made during the search. 

Employers can video or record what agents do, but again, cannot interfere with the search itself. Employers should save this information. It may be helpful if they want to file a complaint A written statement to start a lawsuit that says what the defendant did about their rights or their worker’s rights being violated.

Employers can request a list of items seized during a search, and ICE is required to give one to them.

Employers can prepare a plan for how to respond to an ICE raid and actually practice it with workers. For example, employers can organize “Know Your Rights” or raid preparation trainings for all staff. Remember, only someone in control of the workplace can give ICE consent When someone gives permission for someone else to do something to enter private spaces. These can be the owners, a manager, or supervisor. It’s important that non-managerial staff are instructed not to grant consent to ICE. Non-managerial staff can tell ICE agents, “I can’t give you permission to enter. You have to talk to my employer.”

Employers can make sure at least one person per shift, per worksite will be well-trained to deal with a potential ICE raid. Employers can inform other workers to immediately contact the point person if ICE does conduct a raid. This way, employers can ensure workers know the plan and managers are well-versed in executing the plan. 

ICE agents cannot enter private areas without a judicial warrant or without the employer's consent. Employers can also ensure private areas are closed off and marked "private" or "employees only" ahead of time.

Employers should consider speaking with an experienced immigration attorney about what to do when ICE comes to their workplace. The American Immigration Lawyers Association (AILA) referral service. and the National Immigration Project both have searchable immigration lawyer Someone who represents clients in courts or who gives legal advice directories. If it’s difficult to pay for a lawyer, use ILAO's Get Legal Help tool to find additional legal aid organizations that may be able to help.

Employers must have a complete Form I-9 on file for each of their employees when they are first hired. I-9s only need to be filled out again if a worker's work authorization is about to expire or if there are other legal reasons. The form requires the employer and the employee to confirm that they have valid work authorization in the US. The employee must provide copies of documents that show the employer they have work authorization. The employer is not required to, but can, keep copies of these documents in the employee file along with the Form I-9.

ICE can conduct I-9 audits on a business. Audits are when agents come to a business to check if the employer has complied with the I-9 requirements. Unlike workplace raids, ICE is required to give at least three business days notice to the workplace prior to an I-9 audit. When records are looked over to make sure they are correct ICE might also require the employer to send them their I-9 records instead of coming to the workplace to review them. These I-9 audits are sometimes referred to as “silent raids.”

If ICE conducts the I-9 audit in person at the workplace, they still may not enter private space without a judicial warrant or the employer’s permission.

After reviewing I-9 forms, ICE may find some workers are not authorized to work. In that case, ICE will send a notice with the issues they found. Employers must address the issues or provide updated documentation for the employees with issues. ICE typically allows employers 10 business days to respond, but the exact deadline for responding will be in the notice ICE sends about the issues. Employers must follow the deadline written in their notice.

If employers can’t address the issues found during the audit, When records are looked over to make sure they are correct ICE will tell them to end the employees’ employment. Employers are allowed to ask ICE for more time to respond to their request. This can give affected workers the opportunity to talk to an immigration lawyer. Alguien que representa a clientes en las cortes o que brinda consejería legal  

If an employer is found to not be in compliance with the law, they may be subject to significant financial penalties, potential criminal charges, and other operational and reputational consequences.

The National Immigration Law Center published A Guide for Employers: What to Do if Immigration Comes to Your Workplace. The American Immigration Lawyers Association (AILA) has a fact sheet on Employer Rights and Responsibilities during worksite enforcement. The Resurrection Project has a sample plan for outdoor workplaces to consider in the event of ICE enforcement.

Employers should consider speaking with an experienced immigration attorney about what to do when ICE comes to their workplace. The AILA referral service and the National Immigration Project both have searchable immigration lawyer Someone who represents clients in courts or who gives legal advice directories. If it’s difficult to pay for a lawyer, use ILAO's Get Legal Help tool to find additional legal aid organizations that may be able to help.