What to Do If Immigration Comes to Your Workplace

Employers may face immigration actions at their workplace, including Form I-9 audits, ICE raids, or attempts to detain specific individuals. Understanding your rights and responsibilities is crucial for protecting your business and employees. Here’s a guide to help you prepare and respond effectively.

What Is a Form I-9 Audit?

A Form I-9 audit occurs when U.S. Immigration and Customs Enforcement (ICE) reviews your compliance with Form I-9 regulations. This form verifies an employee’s identity and authorization to work in the United States.

Key Employer Requirements:

  • Maintain I-9 forms for all employees for three years after hiring or one year after their last day, whichever is later.
  • Avoid asking employees to complete Form I-9 more than once unless legally necessary.
  • No need to retain copies of employees’ ID or work authorization documents.

If you fail to comply, ICE may impose civil or criminal penalties. Learn more from the Handbook for Employers.

What to Know About ICE Raids

ICE raids often happen without warning and may involve federal agents seeking specific individuals or investigating the employer.

Key Takeaways:

  • ICE agents need judicial warrants to access private areas of your business.
  • Clearly mark private areas with “Private” signs and keep doors locked.
  • Train employees to stay calm, not run, and avoid interacting with ICE agents.

How to Prepare in Advance

ICE raids often happen without warning and may involve federal agents seeking specific individuals or investigating the employer.

  • 1

    Create a Response Plan:
    – Develop a written plan and rehearse it, similar to a fire drill.
    – Connect with local immigration response networks for legal and community support.

  • 2

    Train Your Staff:
    – Educate employees to deny ICE entry unless a judicial warrant is presented.
    – Encourage them to direct ICE agents to the employer for all requests.

  • 3

    Know Your Rights:
    – Employers and workers have the right to remain silent and request a lawyer.
    – Conduct “Know Your Rights” training with legal experts.

What to Do During an Immigration Action

  • Calmly assert your rights: For private areas, ask to see a judicial warrant signed by a judge before allowing entry.
  • Document the event: Record or take notes about ICE actions, including warrant details and agent behavior.
  • Ensure workers understand their rights, such as the right to remain silent and avoid handing over documents.

Supporting Employees Post-Action

Immigration actions can disrupt business operations and employee morale. Consider these steps to provide support:

  • Offer affected workers leave while they resolve work authorization issues.
  • Pay all owed wages and benefits promptly.
  • Provide separation pay to workers unable to return.
  • Contribute to immigration legal funds or help employees access legal support.
  • Stay engaged with community immigration response efforts for guidance and resources.

Proactive Steps for Employers

Being prepared can make a significant difference. Employers should:

  • Find a qualified immigration lawyer in advance.
  • Provide workers with information about free or low-cost immigration legal services.
  • Stay connected to local immigration response networks and community organizations.

For additional resources, contact Marisa Díaz at mdiaz@nelp.org at the National Employment Law Project or Jessie Hahn at hahn@nilc.org at the National Immigration Law Center.

Protect Your Workforce and Business

Taking these steps ensures your workplace is prepared for immigration actions while safeguarding the rights and dignity of your employees. By staying informed and proactive, you can navigate these situations with confidence and care.