Your Rights If Immigration Shows Up at Work: Workplace Raids and Audits

Immigration and Customs Enforcement (ICE) is a federal government agency that enforces immigration laws in the United States. As part of this enforcement, it can initiate deportation proceedings. ICE agents sometimes work with other government agencies, such as Customs and Border Protection (CBP) or local law enforcement. Immigration agents use a number of tactics to identify, investigate, and arrest people for possible deportation, including workplace raids.

A “workplace raid” is when immigration agents come to a workplace to question workers and detain those they believe are in the United States unlawfully. These raids cause fear for employees, particularly those workers who are undocumented.

First, because you have rights during a raid, even if you are undocumented. (Please see “What are my rights during a workplace raid?,” below.) Second, it is important to understand how to protect yourself and your coworkers during a raid to ensure everyone is prepared if immigration agents show up at your job.

If immigration agents come to your workplace, stay calm. If possible, alert your boss or supervisor, and continue working if you can.

• Do not flee or run.
• Do not answer any questions.
• Do not sign anything before consulting with an attorney.
• Do not lie; remain silent. (if you choose to answer questions (not advised), do so truthfully.)
• Do not give the immigration agent(s) false documents.

Running from immigration agents or presenting false documents may give agents sufficient reasonable suspicion that you are engaged in unlawful activity to arrest or detain you. Presenting false documents may put you at risk of additional criminal charges or jail time.

It is vital that no one at work lets an immigration agent enter any space at your workplace the agents do not have the lawful right to access.

Public Areas: Immigration agents are permitted to enter areas that are normally open to the general public. These might include a parking lot, a waiting room or lobby, or the customer areas of a store or restaurant. But even if immigration agents are in a public area, it does not mean that they can search or arrest you. Any individual questioned by an immigration agent in a public area, including in public spaces at work, has the right to calmly ask if they are being arrested, or if they are free to leave.

Private Areas: These are areas where only employees, and not the general public, are allowed to go. These could include break rooms, locker rooms, storage areas, a warehouse, or a factory floor. Immigration agents may enter private areas only if they have a search warrant signed by a judge, or if your employer allows them to enter. It is not enough for immigration agents to show a search warrant issued by their agency (usually, the Department of Homeland Security (DHS)). For example images of a valid judicial warrant compared to an administrative warrant issued by DHS, see here.

You have the right to ask immigration agents to present a valid judicial warrant before they enter private areas at work. You have the right to inspect the warrant, to ensure it is signed by a judge. If they do not show you a valid warrant signed by a judge, you have the right to tell them they may not enter without permission from your boss. If you do not feel comfortable doing any of this yourself, you have the right to politely ask immigrants agents to speak to your boss or supervisor before allowing them entry. (For more information on how to prepare your employer for a raid, see “How can I prepare myself for a workplace raid?” below.) If you are able, take a picture of the documents the agents show you.

• Stay calm
• Say that you wish to remain silent
• Say that you’d like to speak to an attorney
• Hand the immigration agent this “Red Card”:

These cards are often called “Red Cards” because they are usually printed on red paper.

You can print out your own cards using this link, or you can contact a local community organization that helps the immigrant community to ask if they can provide you Red Cards for you and your family members.

Regardless of your immigration status, you have guaranteed rights under the Constitution. These rights apply during any encounter you may have with an immigration agent, including during a workplace raid.

1. You have the right to remain silent.

You do not have to answer questions that immigration agents ask you. Instead of answering any questions, present a “Red Card” (linked here), which says in English that you are exercising your constitutional right to remain silent, then calmly return to work. If an agent continues to ask you questions, calmly state you will not answer any questions, ask if you are being detained and ask if you may leave.

Anything you do say can be used against you. You should not answer questions about your country of birth, how you came to the United States, or your immigration status. You should also not answer any questions about your coworkers.

2. You have the right to refuse unlawful searches.

If immigration agents try to search you, your personal belongings, or your car, ask to see their search warrant (signed by a judge). If you can, take a picture of any document that an agent claims is a valid warrant. If they do not have a valid warrant, say: “I do not consent to being searched.” If they continue without your consent, get their badge number and write it down, if possible.

3. You have the right to speak to an attorney.

You have the right to speak to an attorney before answering any questions or signing any documents. If immigration agents question you, present a “Red Card,” which says in English that you are exercising your constitutional right to speak to an attorney. If an agent continues to question you after you request to speak to an attorney, write down the agent’s badge number, if possible.

Please note that the government does not provide attorneys to people in immigration proceedings, but you have the right to hire a nonprofit or private lawyer. You can find information on legal service providers here, and more resources are provided below.

4. You have a right to make a phone call.

You have the right to make a telephone call after you are arrested. Be sure to memorize the telephone numbers of your lawyer, family members, or a rapid response network. If you are arrested, contact your attorney, representative, or family member right away.

5. You have the right to refuse to sign any documents.

Immigration agents might try to force you to sign a document. You have the right to refuse to sign documents and you should not sign any documents until after you have reviewed (in your preferred language) these documents with a lawyer who can help you understand the document and the consequences of signing it.

6. You have a right to contact your home country consulate.

You have the right to contact your local consulate from your country of origin. Many jails and detention centers post the phone numbers of local consulates, or you may ask the deportation officer for a list. Consulates may be able to provide you with a list of pro bono immigration lawyers who might be able to assist with your case, and in some cases, they may be able to contact your family to let them know where you are being detained.

7. You may have the right to argue your case before an immigration judge.

If immigration agents tell you that you are in “expedited removal” proceedings, you may not have the right to appear before an immigration judge. But if you have been in the United States for at least two years, if you entered the United States with inspection or proper documentation, or if you fear returning to your home country, you may have the right to appear before a judge. If any of those applies to you, tell this to the immigration agent immediately.

If you have certain criminal convictions or if a judge has already ordered your deportation, you still may not have the right to see a judge before being deported. It is important to speak to an immigration attorney now to assess your risk of being placed under “expedited removal” proceedings and determine what defenses you may have, if any. See below for information on how to find an immigration attorney.

For more information about “expedited removal,” see this fact sheet, “Know Your Rights: Expedited Removal Expansion” from the National Immigration Law Center.

If you are able, report the raid to your local rapid response network. Provide them a detailed account of all that occurred.

For a list of rapid response hotlines and immigration resources throughout California, go here.

• In San Francisco, you can call SFILEN at 415.200.1548.
• In Alameda County, you can call ACILEP at 510.241.4011.
• You can also call the national United We Dream hotline at 844-363-1423.

1. Consult with an immigration attorney to assess your options. Check these websites to find immigration attorneys near you:
   • Immigration Advocates Network
   • AILA’s Immigration Lawyer Search
2. Carry a Red Card with you to show to immigration officials.
3. If you have proof of your lawful immigration status, carry a copy in your wallet
4. DO NOT carry any foreign identity documents (such as a Mexican Consular Identification Card or “Matrícula”).
5. DO NOT carry any false documents.
6. Carry the name and telephone number of an attorney or organization you can contact in case you are arrested by immigration agents. (Memorize the number if you can.)
   • Note: If you are already represented by an attorney, you should carry multiple signed copies of the Form G-28 (“Notice of Entry of Appearance as Attorney”).
   • Carry (or memorize) the numbers of your children’s emergency contact and your local rapid response network.
7. Organize your workplace! Share this information with your boss and coworkers, so everyone is prepared to protect every member of the workforce as a united front. Support each other to remain calm and not answer questions. If possible, designate a coworker in charge of alerting your boss or supervisor if immigration agents show up at work.
   • For detailed information for how business owners and employers can prepare for immigration raids and I-9 audits, including how to prevent immigration’s illegal entry into private spaces in the workplace, see “A Guide for Employers: What to Do if Immigration Comes to Your Workplace” from the National Immigration Law Center. If you are comfortable, share this guide with your employer or union representative today.
8. Know your rights! Become familiar with community groups and organizations, such as nonprofits and unions, that support undocumented workers or offer Know Your Rights trainings.
   • For Bay Area organizations, see:
     • Centro Legal De La Raza
     • San Francisco Immigrant Legal & Education Network

You should take steps now to prepare your family if you are detained by immigration. For example, if you have young children, you may want to make a plan and designate a trusted person to take care of them if you are detained. One way to do this is to complete a “California Caregiver Authorization Affidavit” (print and complete here). You can also tell your family who to contact if you are detained, such as your immigration attorney or local consulate. And you should assemble a file of important documents and keep it in a safe place in your home, where your friends and family know where to find it.

Be sure to share this ICE detainer locator tool with your family members. This tool will allow your family to locate you if you are arrested (using your country of origin, and either your immigrant identification number, often called your “A-number,” or your name and birth date). Sometimes, immigration transports individuals to detention centers across the country far from home. It will be important for your family and your attorney to know where immigration agents have sent you if you are arrested.

Please see these resources for more information on how to prepare your family:

• Immigrant Legal Resource Center: “Step By Step Family Preparedness Plan”
  • This guide contains instructions on how to prepare a “California Caregiver Authorization Affidavit” which allows a chosen adult to make choices for your child about school or medical decisions if there is an emergency.
  • You can print and complete the California Caregiver Authorization Affidavit here. Please note this is a California-specific document and should not be used in other states. If you live in California, contact your local public library for information about how to print for free.
• CASA Multicultural Center: “Learn How to Protect You and Your Family During Immigration Raids”
• Immigrant Legal Resource Center: “What Immigrant Families Should Do Now”
• Informed Immigrant: “Steps to Take to Prepare Your Family”

Please see these additional resources about workplace raids in general:

• KYR Videos on ICE enforcement at home or on the street in different languages: Watch the We Have Rights videos here.
• AltoTrump!: “Know Your Rights: What to do if ICE Shows Up at Your Workplace”
• American Immigration Lawyers Association: “Know Your Rights: If ICE Comes to Your Workplace (employee)”
• Catholic Legal Immigration Network: “Know Your Rights at Work”
• iAmerica: “Know Your Rights: What to Do if Immigration Comes to Your Workplace”
• National Immigration Law Center: “How to be prepared for an Immigration Raid”
• United We Dream: “Know Your Rights: If Immigration Agents Come to Your Job”

Immigration agents may also conduct a workplace “audit,” sometimes called an “I-9 audit.” During this audit, an employer must prove its employees are authorized to work in the United States by providing agents with employees’ Forms I-9 (which is required for every employee when they start a job). Even during an audit, immigration agents still cannot enter private spaces in the workplace without a warrant or the employer’s permission.

What to know about workplace audits:

1. Immigration agents can initiate an audit by mailing a “Notice of Inspection” to the employer or by showing up, sometimes without notice, to a workplace.

2. During an audit, agents might try to question or even arrest employees. If the true purpose in conducting the audit is to question, arrest, or detain workers, any arrests made may be illegal.

3. After an audit, immigration agents must notify employers in writing of the results, identifying any issues detected in employees’ I-9 forms.

Know your rights during and after workplace audits:

1. Just as during a raid, all workers, even those who are undocumented, have the right to remain silent, to not sign anything, and to speak with an attorney before answering immigration agents’ questions.

2. Under California law, within 72 hours of receiving a Notice of Inspection, employers must notify their employees of the upcoming audit in writing and in the languages the employer normally uses with the employees.  Employers must also give written notice to each employee’s union representative, if any.

3. California law also requires employers to notify employees within 72 hours if employers are notified there are problems with anyone’s Form I-9. Employers must also give written notice to each employee’s union representative, if any. This notification must describe the problems detected and how much time the employee has to fix them.

For more information about I-9 audits, please see our separate fact sheet on this topic.

You may also review our fact sheets on the rights of undocumented workers and on document abuse and reverification here:

• Undocumented Workers’ Employment Rights
• Document Abuse: Things you should know about proving your work status to your employer