Who is ICE? 

The U.S. Immigration and Customs Enforcement (ICE) was established in 2003. ICE was granted by the Congress a unique combination of civil and criminal authorities in answer to the tragic events on 9/11. Leveraging those authorities, ICE is primarily responsible for immigration enforcement in the interior of the United States.

What can ICE do at a workplace? 

• • Form I-9 Audits
  • Raids

Form I-9 Audits 

What should I know? 

• • ICE can conduct a worksite inspection so long as they have “reasonable suspicion” that individuals in the worksite are unlawfully in the U.S. or engaged in unauthorized employment.
  • Public areas at a workplace are accessible to immigrant officers regardless of permission.
  • Immigrant officers can question individuals in public places[1].
  • However, individuals have a right to remain silent during any questioning.
  • Private areas in the worksite are not accessible to immigrant officers unless they are in possession of a warrant, or they have been granted permission.

[1] INS v. Delgado.

What should I do as a preventative measure? 

1. Create a Safety Plan

• • Prepare your point of contact to the public on how to proceed in case of a raid.
  • Designate an employee as the representative in case ICE visit the premises.
  • Inform the designated representative that they have the right to videotape and take notes during ICE inspection.
  • The designated representative can request to ICE for a list of the items seized, if any.
  • The designated representative can restrict access to non-public areas.

2. Inform your personnel about their Basic Rights (see below). 

3. Identify what areas are private with signage (e.g., Employees Only).

4. Train personnel on how to distinguish between public and private areas. 

5. Have a database of emergency contacts for each employee in the event of detentions. 

In the event of a Raid, how should I proceed? 

• • Designate a representative to accompany ICE during their visit to the premises.
  • Ask ICE agents to identify themselves.
  • If they want to enter non-public areas, request a warrant. The warrant must be issued by the U.S. District Court or a State Court.
  • Employers should not hide employees or help them evade the search.

What are the Individual’s Rights during a raid? 

Right to remain silent.

• • They do not need to speak about their immigration status.
  • They do not need to provide identity documents.
  • Any information given might be used against them later.

Right to NOT group themselves by immigration status or country they are from.

What are the Individual’s Rights if detained in a raid? 

• Right to an attorney
  • For immigration proceedings, neither ICE nor any government agent has to provide one. [Suggested action: Provide personnel with a list of attorney providers in immigration proceedings.]
• Right to remain silent
  • Any information given might be used against them later.
• Right to NOT sign anything
  • Inform your personnel that they should wait for an attorney’s advice before signing any document.

If your business is concerned about ICE raids or I-9 compliance, contact us today to learn how we can help. 

Resources:

• • https://www.ice.gov/history
  • https://www.congress.gov/crs-product/LSB10362#:~:text=ICE%20may%20conduct%20interrogations%20and,stationed%20near%20the%20exit%20doors.
  • https://www.aclutx.org/en/know-your-rights/how-protect-yourself-during-immigration-raid
  • https://www.congress.gov/crs_external_products/LSB/PDF/LSB10362/LSB10362.4.pdf
  • https://www.aclutx.org/sites/default/files/field_documents/iceraids-espanol.pdf (Spanish guide)