know your rights!
Based on the ongoing concerns regarding recent Executive Orders to advance the current administration’s Immigration policy objectives, we want to share information you about your rights as business owners and employers and steps you can take to prepare for any potential enforcement action
what happens during and ICE raid?
An ICE raid seeks to detain undocumented employees working for employers in the United States. ICE raids usually target individuals they are looking to detain, or target a particular industry that is known to have a high volume of undocumented employees, such as restaurants and the hospitality, construction, cleaning, and agriculture industries.
ICE raids are not announced in advance. ICE agents can enter any public areas of the business, such as a lobby or parking lot. In order to enter non-public business premises, however, the agent must have a signed judicial search warrant or the employer’s consent.
Employers need to comply with these investigations to maintain the integrity of their overall immigration programs.
But, due to the unannounced nature of ICE raids and the sensitive nature of the information about employees and the company that may be sought, employers must not inadvertently violate laws or privacy protections in their efforts to comply with ICE agents’ requests.
What Can Employers Do Now to Prepare for ICE Raids?
There are numerous steps an employer can and should take to prepare for a potential ICE raid.
Designate a company representative within the Human Resources or Legal Department to be the primary point of contact in case of an ICE raid.
Establish basic protocols for the designated company representative to follow in the event of an ICE raid.
Provide training to designated company representatives regarding the employer’s records and retention policy, what to expect during an ICE raid, and how to respond.
a. Review the scope of judicial search warrants
b. Communicate with agents and/or affected employees
Prepare guidelines or instructions for your front desk receptionist or whomever else is likely to be the first person an ICE agent might come across and speak to so that the person knows who to contact in case an ICE agent enters your business location, as well as what not to do or say.
Conduct an internal audit of I-9 files.
a. Retain a completed Form I-9 for all active employees
b. make corrections to Forms I-9 as soon as an error is identified, and
c. retain I-9s for the mandatory period for terminated employees.
If you are an E-Verify employer
a. conduct an audit of your E-Verify cases to ensure compliance,
b. submit an E-Verify case for one you identify as missing, and
c. make sure the mandatory E-Verify poster is posted at all worksites.
Conduct an internal audit to ensure immigration petition documents are in line with personnel records, including compensation and work location information.
Conduct a review of employee personnel, I-9, and immigration files and ensure the respective files are kept in separate folders and contain only relevant documents.
Remove or relocate documents that may disclose employees’ personal or protected data and that are not otherwise required to be maintained in the file.
Be mindful, however, of any applicable Maryland personnel file laws that dictate what must be maintained as part of a “personnel file.”
If you have contractors, leased workers, or workers from a temporary staffing agency providing services at your business location(s), review your vendor contract for language requiring the vendor to:
a. provide contractors who are legally authorized to work in the United States, and
b. be fully compliant with the I-9 laws and other relevant immigration laws.
Notify managers/supervisors that they must not provide legal advice to employees or customers who are at the business premises and may be affected by immigration enforcement measures.
Make available pamphlets or other literature regarding immigrant rights from Maryland immigration support organizations
Due to high-profile nature of ICE raids, get ahead of any potential negative press by preparing a statement to be issued to employees and/or the media following an ICE raid.
Connect with an attorney specializing in immigration law to seek guidance on establishing internal protocols and training.
What Else Should Employers Know?
There will be an increase in DHS site visits to employers’ business locations to conduct routine audits of immigration visa sponsorship files with the immigration agency. Employers that serve members of the public, such as hospitals, schools, and religious organizations, should know that they are not obligated to share the immigration status (if known) of their patients, parishioners, customers, or students unless such information is specifically included in a government agent’s lawful warrant. But employers should be careful not to appear as obstructing or interfering in any way with the Government’s actions.