Know Your Rights: ICE Worksite Visits

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In the days since the Inauguration on January 20, Immigration and Customs Enforcement (ICE) activity has noticeably increased across the country. In this tumultuous environment, it is imperative that foreign nationals be prepared in the event of an encounter with ICE officials.

While ICE raids can occur almost anywhere in the community, one of the most common places is at the workplace.

If ICE does appear at the workplace, the employee should do the following to remain compliant and stay safe:

  • If you are in status and have work authorization, show the immigration officer proof of this status.
    • Depending on your status, examples often include approval notices, receipt notices, employment authorization documents, form I-20, passport stamps, green cards, or proof of US citizenship.
    • Your employer should also have a copy of these documents available for you, as this is maintained as part of their I-9 compliance.
  • If at any time you wish to speak with an attorney, whether or not you currently have an immigration attorney, you may tell the ICE officer that you would like to consult an attorney.
  • You should not answer any questions or sign any documents about which you are confused. Additionally, you should not provide the officer any information that you believe or know will put you at risk.
    • If you choose to remain silent, you should invoke the right to remain silent. This can be done by simply telling the officer “I invoke the right to remain silent”.

While employers are legally prohibited from knowingly hiring an individual without work authorization, it is also important to be able to demonstrate the status of all employees at the company. This is required by US law as part of the I-9 verification process, which is conducted by the employer for each new employee at the time of hire. If ICE does appear at the workplace, the employer should do the following to protect their employees and remain in compliance with the law:

Employer:

  • If requested, provide I-9 records for your employees to the officers. I-9 compliance is mandatory and employers must be creating and retaining these records from the date of each new hire.
  • Do not require your employees to stay if ICE officers arrive. Unless otherwise told such by ICE officials, your employees are free to leave and you will not face penalties if they do.
  • Do not require your employees to speak to or cooperate with ICE officers. Your employees are free to conduct themselves as they feel is necessary and you will not face penalties for their actions.
  • If your employees ask for copies of their documents to prove their status, you should provide this to them.

The American Immigration Lawyers Association (AILA) has released a helpful “Know Your Rights” document to guide foreign nationals who may be approached by ICE, whether in public, at their home, or at the workplace. This document is available in English, Spanish, Chinese, Portuguese, Arabic, Haitian, and Punjabi. USILAW recommends that all foreign nationals review this document, or one like it. Further, we recommend that all foreign nationals keep a copy of their valid status documents on their person to prove their status to ICE officials.

Written by Ciara Melville.

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