1. Without a judicial warrant, Immigration and Customs Enforcement (ICE) agents can enter only public spaces (such as a lobby open to the public or retail floor during business hours). Despite news that ICE is asserting that it has the power to enter private homes without a judicial warrant, forcible entry into private areas of homes and also workplaces remains a violation of the Fourth Amendment. Absent a judicial warrant signed by a judge, ICE agents can enter only public spaces, like lobbies, waiting rooms, and parking lots. ICE agents may not enter private spaces of worksites or other spaces without permission or a valid judicial warrant signed by a judge. You may create an internal policy limiting who is authorized to provide permission to enter private spaces, and also reinforce this limitation to ICE. Download our printable sign to designate private areas of your workplace here.
- NOTE: Immigration enforcement agents may attempt to gain access to private areas of a worksite by presenting an “administrative warrant” issued by a federal agency such as the Department of Homeland Security. Unlike a valid judicial warrant signed by a federal judge, an administrative warrant does not authorize officers to enter private areas. A warrant signed by an immigration judge is not a judicial warrant.
- Read more information on administrative and judicial warrants here.
- If ICE shows up with a judicial warrant for the arrest of an individual at your workplace, you do not necessarily have to grant them access to private sites (unless those areas are covered in the warrant). Instead, you can escort the individual out to a public area to minimize ICE’s engagement with other employees. While there are restrictions on warrantless arrests in some states, there are numerous examples of ICE indiscriminately detaining and arresting individuals in the vicinity of their actions, whether or not those individuals were originally targets.
2. Employees have the right to remain silent. Regardless of what areas of a worksite ICE agents gain access to, employees are not required to answer officers’ questions. If any employee does choose to respond to officers, they should not lie.
- Some states require an individual to provide their name if asked by law enforcement. But even in those states, individuals are not required to answer any additional questions.
3. Have a response plan if immigration enforcement officers show up at your worksite. A company-wide plan for worksite immigration enforcement can protect companies and employees and ensure that routine I-9 audits go smoothly. This plan can look very similar to the steps you would take if any law enforcement officer came to your worksite. Make sure your team knows you have a plan.
- Designate a specific staff member to liaise with immigration enforcement, ideally an attorney. Remember, without a judicial warrant, officers may not access the private spaces of your worksite unless granted permission. It is up to the receiving party to confirm the presence and validity of a judicial warrant. Immigration officers can wait for your designated staff or attorney to arrive before they proceed with their visit if necessary.
- Make sure employees know not to grant access to private areas on their own or to sign any documents without authorization, but rather to contact the designated company liaison in the event of a worksite enforcement action. Provide internal guidance to staff to direct officers to a designated contact, and share the protocol of where they should guide officers while waiting for the designated liaison to arrive. Ensure that greeting staff know whether they should wait with the officers until the company liaison arrives. This helps prevent lower-level employees from unintentionally granting consent to officers to enter private property.
- Educate staff who are likely to greet immigration enforcement officers about the differences between judicial and administrative warrants.
4. Audit your employee files. You don’t need to keep more employee information than is required by law. Do not note in their files or maintain lists of employees who are DACA recipients, TPS holders, or parolees (or of their families if your benefits cover family members). If you do not keep this information, it will be impossible to hand it over to an immigration enforcement officer.
5. Share KYR Information with employees. Educate employees on what their rights are if they encounter immigration enforcement. This can help employees stay calm and safe if immigration enforcement visits your worksite. Download our printable workplace Know Your Rights poster here.
- Leave KYR pamphlets and other materials accessible to your employees or share links to resources. Consider hosting KYR info sessions with an attorney.
- Print or direct your employees to “red cards,” wallet-sized cards with KYR information that individuals can use if they encounter immigration enforcement.
Sharing KYR information, maintaining the private areas of your workplace, and holding law enforcement officers accountable for providing judicial warrants are all actions that are within your rights and business interests.
