The immigration raids in workplaces once again put employees, employers and immigrant families in the United States on alert. In restaurants, construction sites, factories, warehouses or small businesses, A visit from ICE agents can generate fear, confusion, and decisions made in seconds.
That’s why it’s important to know something basic before it happens: Workers have rights, even if they do not have fashioned immigration status. But there are also mistakes that can make a difficult situation worse, such as running, lying, submitting false documents, or signing papers without first speaking to a lawyer.
Legal organizations such as National Immigration Legislation Heart, the American Immigration Attorneys Affiliation and the New York Attorney General’s Office They recommend staying calm, not interfering with the agents, exercising the right to remain silent and seeking upright advice before signing any document.
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Can ICE enter any workplace?
Not always. ICE can enter public areas of a business, such as a restaurant dining room, a reception area, or an area open to the public. But, to enter private areas, such as kitchens closed to the public, warehouses, internal offices or employee-only areas, generally You need the employer’s consent or a valid court order.
New York
The New York Attorney General’s Office explains that ICE cannot legally enter a private workplace space without a court order or permission from the employer. A warrant must be signed by a judge and specify the location that can be searched.
California
In California, the rule is even stricter for employers. The state’s immigrant worker protection law limits a company’s ability to voluntarily grant immigration agents access to non-public areas of the workplace without a valid court order.
In practice, if ICE wants to enter a kitchen, warehouse, back office, or employee-only area, it must present an order signed by a judge or have sufficient clearance; An administrative order issued by the agency itself is not enough.
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Texas
In Texas, where there is no state protection equivalent to that of California, the general constitutional rule still applies: ICE can enter public areas of a business, but to enter private areas of the workplace it needs a valid court order or the consent of the employer.
Legal organizations recommend that workers do not authorize entry to private spaces, do not argue with agents and ask that any order be shown to the responsible person or the company lawyer.
Snowfall
In Nevada, the state’s Attorney General’s Office guidance for businesses indicates that a court order signed by a federal or state court judge can give ICE access to private areas, but the employer should review which specific locations the document authorizes.
Without that court order, agents need consent to enter private areas of the business. The official recommendation is to remain calm, do not interfere with legal activities of the agents and do not hand over information about employees if there is no clear upright obligation.
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What is the difference between a court order and an administrative order?
A court order It is signed by a judge and can authorize an entry or search under specific conditions.
A ICE administrative order, Instead, it is usually signed by an immigration official, not a judge. According to guides from legal organizations, an administrative order does not always authorize officers to enter private work areas without consent.
In a valid situation, a worker does not have to argue with agents or try to block them. But you can ask if they have a warrant signed by a judge and you can say that you do not consent to a search.
According to organizations specialized in the subject, a safe and easy phrase would be: “I want to remain silent. I do not give permission for my belongings to be searched. I want to speak with a lawyer.”
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In a raid or immigration control, Agents may ask questions about identity, place of birth, citizenship or immigration status. But workers have the right to remain silent.
The American Immigration Attorneys Affiliation indicates that employees can remain silent, refuse to show identification in certain circumstances and ask to speak with an attorney before signing documents.
If a person can deliver a document, they should never present false papers. Providing a false ID, a false Social Security number, or foreign immigration documents can lead to much more serious consequences.
What a worker should not do during a raid
- First thing: don’t run. Running can be interpreted as a sign of evasion and can increase the risk of arrest or use of force. It is also not advisable to argue, push, obstruct the agents or try to hide in dangerous areas.
- Nor should you lie about citizenship or immigration status. Falsely claiming to be a US citizen can have serious immigration consequences.
- Another common mistake is signing documents out of fear. If ICE serves papers, the worker can ask to speak with an attorney before signing. Some documents may involve a voluntary departure, a waiver of rights, or an acceptance of facts that later affect the case.
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Do questions about place of birth have to be answered?
No. A worker can exercise his right to remain silent. That includes questions such as where you were born, how you entered the country, whether you have papers, how long you have been in the United States or where you live. The most repeated upright recommendation is not to lie, not to invent answers and not to provide unnecessary information.
Keeping silent does not mean fighting. It means saying, clearly: “I don’t want to answer questions. I want to talk to a lawyer.”
Can ICE search bags, phones or belongings?
A worker may say that he or she does not consent to having his or her belongings searched. That doesn’t mean officers don’t try to do it or that the situation doesn’t escalate. But from a rights point of view, the person can make it clear that they do not authorize the registration.
It is also advisable not to hand over the unlocked phone without upright advice. If officers ask to search a cell phone, the person can say they do not give consent and want to speak to an attorney.
What the employer should do
The employer must also have an idea. He National Immigration Legislation Heart recommends training workers not to authorize ICE entry into private areas and to tell agents that they should speak to the person designated by the company.
The employer can ask to see the order, check to see if it is signed by a judge, verify which areas it authorizes to search, and immediately contact an attorney.
If ICE comes with a Notice of Inspection to review I-9 forms, it is a labor audit. ICE explains that the Salvage I-9 is the document used to verify employment authorization, and employers must submit those records within the deadlines established by law.
What to do if a colleague is arrested
If a worker sees that a colleague is arrested, he can Write down basic information: date, time, place, name of the agents if it is visible, license plate number if it can be seen, vehicles used and full name of the detained person.
You can also notify family or emergency contact, if you have one. Recording may be permitted in some contexts, as long as it does not interfere with the operation or put anyone’s safety at risk. Rules may vary by location.
The important thing is not to physically block the agents or argue. The information taken calmly can then be used by a lawyer or a community organization to locate the detained person.
How to prepare before a raid
Immigrant workers should have a basic idea: memorize the phone number of a family member or lawyer, leave important documents with someone you trust, prepare authorizations for child care if applicable, and know who can pick up the children in case of emergency.
Also It is advisable not to carry false documents. If a person has valid immigration documents, they can consult with a lawyer when it is appropriate to bring them and when not.
Legal organizations recommend that Families have a secure folder with passports, birth certificates, medical information, emergency contacts and children’s school data.
The most important rule: in a workplace raid, fear can push you to do just the worst: run, lie, argue, or sign without understanding. The practical rule is shorter: remain silent, do not present false documents, do not resist, do not sign anything without upright advice and ask to speak to a lawyer.
It does not eliminate the risk. But it can avoid mistakes that are much more difficult to correct later.
Follow read:
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