What to Do If ICE Comes to Your Workplace

Rights During ICE Raids

Mistakes to Avoid

How to Prepare for an ICE Workplace Raid

Immigration raids at workplaces have once again raised concern among workers, employers, and immigrant families in the United States.

A visit from agents with Immigration and Customs Enforcement, or ICE, can happen at restaurants, factories, construction sites, warehouses, or small businesses, creating tense situations that require people to make decisions in a matter of seconds.

Why it matters: Knowing basic rights during a raid can help avoid mistakes that may further complicate an immigration situation.

Legal organizations recommend staying calm, exercising the right to remain silent, and seeking legal advice before signing any document.

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ICE workplace raid rights: What you should do. Photo ChatGPT

ICE’s ability to enter depends on the type of space inside the workplace.

Agents can enter public areas of a business, such as reception areas, dining rooms open to the public, or customer service zones.

However, access to private spaces is usually subject to additional requirements.

The New York Attorney General’s Office states that ICE cannot legally enter private areas without a valid judicial warrant or the employer’s consent.

That warrant must be signed by a judge and specify the place authorized for inspection, according to La Opinión.

In California, state law limits the ability of employers to voluntarily allow immigration agents into nonpublic areas if there is no valid judicial warrant.

In Texas, although there is no equivalent state protection, the general constitutional rule still applies: to enter private areas, ICE needs a valid judicial warrant or the employer’s consent.

In Nevada, state authorities indicate that a warrant signed by a judge may allow access to certain private areas, although the employer must carefully review which spaces are included in the document.

Workers Have the Right to Remain Silent

ICE workplace raid rights: What you should do – Photo Shutterstock

During a raid, agents may ask questions related to identity, citizenship, place of birth, or immigration status.

However, workers have the right not to answer.

The American Immigration Lawyers Association states that a person may remain silent and ask to speak with an attorney before signing any document.

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It also recommends not lying or providing false information.

Presenting fake IDs, fake Social Security numbers, or immigration documents that belong to another person can lead to more serious consequences.

Legal organizations agree that remaining silent does not mean confronting agents.

The recommendation is to clearly state that you do not wish to answer questions and that you want to consult with an attorney.

This right also applies to questions about how a person entered the country, how long they have lived in the United States, or where they currently reside.

The Most Common Mistakes Can Make the Situation Worse

Legal specialists warn that some impulsive reactions can increase risks during a raid.

One of them is running.

Trying to escape can be interpreted as a sign of evasion and increase the possibility of detention.

It is also not recommended to argue, push, obstruct agents, or try to hide.

Another common mistake is signing documents without understanding their content.

Some papers may include waivers of rights, acceptance of certain facts, or voluntary departure procedures.

For that reason, legal organizations recommend seeking advice before signing any document.

Regarding personal belongings, workers can state that they do not authorize the search of bags, phones, or other items.

They can also state that they do not consent to a search of their cellphone and ask for legal advice before unlocking it or handing it over.

Preparation is also key. Organizations recommend memorizing the phone number of a family member or attorney, keeping important documents in a safe place, and having a family plan for childcare in case of an emergency.

They also advise organizing relevant information such as passports, birth certificates, emergency contacts, medical information, and school records.

The main recommendation is simple: stay calm, remain silent, do not present false documents, do not resist, and do not sign anything without legal advice.

These measures do not eliminate the risk of an ICE raid, but they can help avoid mistakes that may later be more difficult to correct.