How to Protect Your Rights As an Employer During an ICE Raid
Confront officers promptly., Train all employees., Inspect warrants carefully., Contact your attorney.
Step-by-Step Guide
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Step 1: Confront officers promptly.
When ICE officers show up at your workplace, they should not be permitted to enter private property without a warrant.
Once they enter your property, they may observe activities that could give them probable cause they didn't have.If you own an agricultural business, be especially alert for ICE officers who may wander the grounds without a warrant.
ICE officers may enter public property or areas of your private property that are open to the public, such as parking lots or reception areas.
However, they cannot move beyond those areas without a warrant or consent from a person authorized to give such consent.
Ideally, you should confront ICE officers immediately upon their approach to your workplace and demand a warrant.
If they do not have a warrant, you have the right to ask them to leave.
Keep in mind that neither you nor any of your employees are required to answer any questions posed by ICE officers without a warrant. -
Step 2: Train all employees.
ICE officers don't need a warrant if they get permission from an authorized person to enter your property.
However, as the owner of the business, you are the only person who can legally provide this permission.Tell all of your employees that they do not have the authority to consent to a search by ICE or any other law enforcement agency, and if asked should tell ICE officers that.
If approached by an ICE officer, your employees should instruct the officer to wait in a specific area while they find you.
For example, employees can tell ICE officers that they must wait in the parking lot.
Unless an ICE officer is told to remain in a specific area, they may wander around your workplace while waiting.
Your employees do not have to answer any questions asked by an ICE officer conducting a raid, and neither do you.
Protect your rights and the rights of your employees by refusing to answer questions, no matter how innocuous those questions might seem. , If ICE officers produce a warrant to search your workplace, read it closely and don't allow the officers to enter areas not listed, or talk to any employees other than those named in the warrant.The ICE officer may not have a warrant, and may ask your permission to inspect your property.
You have the right to refuse permission.
Keep in mind that an ICE officer may ask your permission even if they have a warrant.
Ask for a warrant first, and refuse to consent to their search.
Otherwise, your consent to search may be interpreted more broadly than the authority they have to search based on their warrant.
You have the right to enforce the scope of the warrant and refuse permission for the ICE officers to inspect areas not included in their warrant. , If you have an attorney on retainer to represent your business, get in touch with them as soon as possible and let them know that ICE officers have a warrant to raid your workplace.In some cases, you may want to talk to your attorney before you even respond to an ICE officer's request to search your property.
Even if they have a warrant, you have the right to talk to your attorney before allowing them to enter your property.
If you refuse consent and the ICE officer tries to pressure you further or suggests that your refusal will make you look bad, do what you can to document these statements for your attorney.
For example, if you have your cell phone in your pocket you can use it to record the ICE officer's statements. -
Step 3: Inspect warrants carefully.
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Step 4: Contact your attorney.
Detailed Guide
When ICE officers show up at your workplace, they should not be permitted to enter private property without a warrant.
Once they enter your property, they may observe activities that could give them probable cause they didn't have.If you own an agricultural business, be especially alert for ICE officers who may wander the grounds without a warrant.
ICE officers may enter public property or areas of your private property that are open to the public, such as parking lots or reception areas.
However, they cannot move beyond those areas without a warrant or consent from a person authorized to give such consent.
Ideally, you should confront ICE officers immediately upon their approach to your workplace and demand a warrant.
If they do not have a warrant, you have the right to ask them to leave.
Keep in mind that neither you nor any of your employees are required to answer any questions posed by ICE officers without a warrant.
ICE officers don't need a warrant if they get permission from an authorized person to enter your property.
However, as the owner of the business, you are the only person who can legally provide this permission.Tell all of your employees that they do not have the authority to consent to a search by ICE or any other law enforcement agency, and if asked should tell ICE officers that.
If approached by an ICE officer, your employees should instruct the officer to wait in a specific area while they find you.
For example, employees can tell ICE officers that they must wait in the parking lot.
Unless an ICE officer is told to remain in a specific area, they may wander around your workplace while waiting.
Your employees do not have to answer any questions asked by an ICE officer conducting a raid, and neither do you.
Protect your rights and the rights of your employees by refusing to answer questions, no matter how innocuous those questions might seem. , If ICE officers produce a warrant to search your workplace, read it closely and don't allow the officers to enter areas not listed, or talk to any employees other than those named in the warrant.The ICE officer may not have a warrant, and may ask your permission to inspect your property.
You have the right to refuse permission.
Keep in mind that an ICE officer may ask your permission even if they have a warrant.
Ask for a warrant first, and refuse to consent to their search.
Otherwise, your consent to search may be interpreted more broadly than the authority they have to search based on their warrant.
You have the right to enforce the scope of the warrant and refuse permission for the ICE officers to inspect areas not included in their warrant. , If you have an attorney on retainer to represent your business, get in touch with them as soon as possible and let them know that ICE officers have a warrant to raid your workplace.In some cases, you may want to talk to your attorney before you even respond to an ICE officer's request to search your property.
Even if they have a warrant, you have the right to talk to your attorney before allowing them to enter your property.
If you refuse consent and the ICE officer tries to pressure you further or suggests that your refusal will make you look bad, do what you can to document these statements for your attorney.
For example, if you have your cell phone in your pocket you can use it to record the ICE officer's statements.
About the Author
Denise Williams
Committed to making DIY projects accessible and understandable for everyone.
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