
What to Do if Immigration Comes to Your Workplace — According to the National Immigration Law Center
In today’s climate, it’s critical for both employers and employees to understand their rights if Immigration and Customs Enforcement (ICE) shows up at the workplace. The National Immigration Law Center (NILC) provides important guidance for preparing, responding, and protecting everyone’s rights in these situations.
Know Your Rights — Everyone Has Them
Immigration status does not negate your constitutional rights. Regardless of your status, you have the right to:
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Remain silent
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Not consent to a search without a warrant
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Speak to a lawyer
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Refuse to sign any documents without legal review
If ICE Arrives at Your Workplace
1. Stay Calm and Do Not Run
Running can be used as justification for suspicion. Instead, remain calm and encourage others to do the same.
2. Ask if They Have a Warrant
ICE must present a judicial warrant signed by a judge to enter non-public areas or detain individuals. There are two types of documents:
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Judicial Warrant (Form I-200 or I-205 signed by a judge): Required to enter private spaces.
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ICE Administrative Warrant: Not valid for entry into non-public areas or arrests without consent.
You are not required to let ICE into non-public areas without a judicial warrant
3. Do Not Answer Questions Without a Lawyer
Workers have the right to remain silent. They should not answer questions about immigration status, place of birth, or how they entered the country.
4. Do Not Sign Anything Without Legal Counsel
ICE agents may try to get people to sign voluntary departure papers. These can waive your right to a hearing — never sign anything without speaking to a lawyer.
5. Designate a Workplace Response Plan
NILC recommends that employers and worker advocates:
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Train staff on what to do if ICE comes.
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Assign specific roles (e.g., someone to ask for a warrant, someone to document the encounter).
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Post “Know Your Rights” materials in common areas.
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Consult with legal experts to develop protocols in advance.
6. Document the Incident
If ICE conducts a raid or arrives at your workplace:
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Record or write down agent names, badge numbers, and what was said.
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Note if they had a warrant, and if so, what kind.
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Take photos or video if it’s safe to do so (you have the right to record in public areas).
7. Connect With Legal and Advocacy Support Immediately
Organizations like NILC, local immigration legal services, and community defense networks can provide emergency legal support and help protect affected workers.
Final Thought:
Preparation is your best defense. Employers and workers should proactively educate themselves and each other about their rights. The National Immigration Law Center has many downloadable resources in multiple languages, available at www.nilc.org.