Over the past year, U.S. Immigration and Customs Enforcement, or ICE, has conducted visits at a wide range of workplaces, including major companies like Target and Hyundai, as well as smaller businesses that rarely make headlines.
Experts say it’s important for both employers and employees to know their rights in these situations. Federal immigration officers cannot enter private areas of a workplace, such as offices or back rooms, without a valid judicial warrant signed by a judge or explicit permission from the employer. They are allowed in public areas like lobbies or parking lots. Employees also have the right to remain silent and are not required to answer questions about immigration status without a lawyer present.
Employers are encouraged to prepare in advance by training staff on workplace rights and designating a point person to handle any interactions with ICE. Having contact information for legal counsel readily available is also recommended. Workers can carry information on their rights to calmly reference if federal agents appear.
If ICE arrives with a warrant, employers and staff should carefully review it to ensure it is valid and only covers the areas authorized. They should avoid providing unnecessary personal information or consenting to searches of private areas. Documenting key details about the visit — such as the number of agents present, areas accessed, and interactions with staff — can be helpful later.
After the visit, both employers and employees should consult with legal counsel to understand next steps. Workers who were questioned or detained have the right to contact a lawyer and track their situation.
Understanding these rights and procedures helps protect both employees and employers while ensuring compliance with federal law.
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