WHAT WORKPLACES CAN DO
Implement new security protocols to prevent unconstitutional entry and protect employees’ rights
Host all-staff training: Make sure all employees know what their rights are and how to protect them
Publicize your support: Signal to staff, patrons and the wider community that this workplace is opposed to unconstitutional entry by federal agents
Recruit other workplaces to participate
PREVENTING UNCONSTITUTIONAL ENTRY
REVIEW “PUBLIC” AREAS Anyone – including federal agents – can enter public areas of your business without permission. Public areas include a dining area in a restaurant; parking lot; lobby or waiting area. Focus especially on public areas within the workplace. For each one, ask, would it be possible to make this area private, by installing a door lock, intercom, door code or requiring an employee to open the door for potential visitors?
REVIEW “PRIVATE” AREAS For private areas, review how federal agents may access them from existing public areas.
For example, for restaurants, agents have sometimes entered through an exit door near the dumpster. In February 2025 agents entered a seafood processing facility’s private employee area through a public retail store.
USE A DOOR LOCK PROTOCOL If interior doors that lock already exist separating public from private areas, create a new protocol requiring them to be locked during hours that an entry door is open.
INSTALL DOORS AND LOCKS Where possible, install new interior doors or install locks on existing doors separating public and private areas.
REVIEW WORKPLACE ALERT PROTOCOLS There should be a way to let all employees present know when federal agents are attempting entry
Employees should lock any interior or exterior doors to prevent unconstitutional entry and give staff time to review any warrants that are presented
Employees should not run to the exits as ICE agents can say that people who are running are likely violating immigration laws,
KNOW YOUR RIGHTS: EDUCATION FOR STAFF
RIGHT TO REMAIN SILENT You do not have to share information with federal agents about which staff are present, their immigration status or country of origin. You do not have to disclose any information – as with any law enforcement agency, you have the right to remain silent.
That means no one needs to show them ID, employee records, time cards, etc.
RIGHT TO RESTRICT ACCESS Employees can say they are prohibited from granting entry until the arrival of a designated staff pointperson or consultation with legal counsel. You have the right to refuse access to private areas, and to refuse requests to open locked doors.
RIGHT TO DECLINE A SEARCH You can review any warrants they provide, but no matter what, you do not have to consent to a search.
RIGHT TO REQUEST COUNSEL You can decline to answer questions and state that company policy is for legal counsel to review any warrants before access is granted.
RIGHT TO RECORD You have the right to record any interactions with federal agents and to release surveillance footage later.
RIGHT TO INFORM You have the right to alert all present to the presence of federal agents, and to broadcast information about how staff and patrons can protect their Fourth Amendment rights (such as by repeating, “You do not have to answer their questions, you do not have to reveal your country of origin, you do not have to show them ID…”)
THE FOLLOWING CHOICES COULD PUT YOU IN LEGAL JEOPARDY
Physically impeding the passage of federal agents
Providing false information
Helping employees flee the premises
Refusing entry to private areas after being provided a judicial warrant specifying the correct company name and address,
properly signed and dated by a judge including a timeframe within which the search must be conducted with a description of the premises to be searched and a list of items or people to be seized
REVIEW PUBLIC & PRIVATE ACCESS
If federal agents seek entry:
Where could we install a poster that clearly states our unwillingness to comply with illegal searches?
Which entrances or exits are open to anyone seeking access while employees are present? (In other words, which are left unlocked?)
Which of these could be locked for some or all of the workday?
How else could we restrict access to employees only?
For workplaces with public areas:
Once federal agents are inside, how could they access private areas where employees are present?
Where could we post signs designating “PRIVATE” areas?
Which employees could be given the responsibility of screening people as they enter?
Where would we position our printed “Federal Agent Protocol”?
How could those employees alert others to the presence of federal agents?
Could we install doors or locks to restrict access between the public and private areas?
CREATE A FEDERAL AGENT PROTOCOL
Federal agents seeking to make immigration arrests may come to your workplace for three reasons:
1. A “raid” or operation to detain employees or patrons at random
2. A “targeted operation” to detain specific people
3. A Form I-9 audit
“Raids” and “targeted operations” are most common, and you may not know the difference because in 2025 federal agents have sometimes pretended to be looking for a specific person, but ultimately detained many workers, as in the case of a Kansas City restaurant in which a dozen workers were detained.
SAMPLE AGENT ENGAGEMENT PROTOCOL
This sample protocol includes information adapted from the National Immigration Law Center
BEFORE AN OPERATION
1. Decide if designated employees or legal counsel will be summoned in the event federal agents enter.
2. Decide if any employees will be allowed to grant entry to agents after reviewing warrants for accuracy, or if they will be obligated to deny entry until designated employees or legal counsel can be consulted.
3. Decide on alert protocol: How will all staff be alerted to agent presence?
4. Decide on door/lock protocol: Who will close or lock doors separating public and private areas?
DURING AN AN OPERATION
1. Alert staff to the presence of ICE agents, direct relevant staff to implement security protocols like closing or locking doors separating public and private areas.
2. Verbally deny entry and request to see badges, ID and any warrant.
3. When ICE shows you an administrative warrant with an employee’s name on it, you do NOT have to say if that employee is working on that day or not.
4. You do NOT have to take the ICE agents to the employee named on the warrant (even if he or she is at work at the time).
5. Do NOT help ICE agents sort people by their immigration status or the country they are from.
6. Observe and record the agents, taking note of whether they are complying with what’s written in the warrant.
7. If the agents are searching areas not listed in the warrant, object to those searches by voicing your objection and noting it.
WHAT IF FEDERAL AGENTS TRY TO STOP, QUESTION, DETAIN, OR ARREST A WORKER?
ICE agents may try to stop, question, or even arrest a worker without the proper authority.
The best way for workers to protect their rights is to STAY SILENT and ASK FOR AN ATTORNEY.
Workers do not have to hand over any IDs or papers to federal agents. All workers have this right.
Any information that workers give to federal agents can be used against them later.
Ask agents where any arrested workers are being taken. This will help the worker’s family and lawyer find the person.
IMMEDIATELY AFTER THE OPERATION
1. Save any company surveillance footage.
2. Write or record these things after they leave: How many ICE agents were present (inside and outside)? How were the agents dressed? How were they armed?
Did the agents make you or the workers believe you could not move or leave? Did the agents mistreat anyone? If yes, how?
3. Make a list of workers who were arrested and immediately notify their family members.
4. Assign staff to help them find reliable immigration attorneys who represent people currently in detention. You can find them through organizations like AILA.
5. Help each family account for their immediate legal, financial and other needs.
6. Notify the employees’ union.
WHAT TO DO AFTER FEDERAL ARRESTS OR I-9 AUDIT
After an ICE raid or I-9 audit, one or more of the workers may face deportation or be unable to return to work. This could impact your business and workers' morale. Here is what you can do to provide support to the staff and community.
1. Offer leave while affected workers apply for work authorization. Give affected workers leave while they take care of getting their papers, or allow them to return to their same positions with full seniority and benefits once they provide their authorization papers.
2. Pay wages and benefits promptly, as required by federal and state labor laws.
3. Provide separation pay to workers who cannot return to work. They will need money to support themselves and their families. They may need to pay for legal assistance. If you do not have a separation pay policy, consider giving extra funds to workers in this situation.
4. Contribute to an immigration legal fund. An employee facing deportation will need a good lawyer, and may get the option to be free on bond until their hearing. That means they can stay with their families and communities during this time. They may need your help and their co-workers’ help to raise money for the lawyer or bond. You can contribute to an immigration legal fund for this purpose. Or you can set one up.
5. Provide a reference to workers for future jobs. Let the workers know you can provide a reference to their potential future employers.
WHAT TO DO IN AN I-9 AUDIT
When ICE/HSI notifies you that there will be a Form I-9 audit, contact an immigration lawyer. Also notify the workers and, if they have one, their union representative about the audit.
The law gives you 3 work days to produce your I-9 Forms. Do not provide your documents early. You have the right to speak to your lawyer before answering questions or signing ICE documents.
Allow the employees to have coworkers or union representatives present when discussing I-9 audits. After reviewing the I-9 forms, ICE may find some employees are not authorized to work. If that happens, ICE will give you 10 days to provide valid work authorization for these employees. If you can’t provide the documents by that time, you will be told to end their employment.
If this happens, you must notify the affected workers of the audit. Ask ICE/HSI for more time. This will give affected workers more time to talk to an immigration lawyer.
If the workers belong to a union, you may need to provide copies of the audit documents to the union and work with the union as you respond to the audit
