Know Your Rights: What to Do if ICE Comes to Your Workplace

Immigration and Customs Enforcement (ICE) actions refer to often unannounced visits targeting workplaces to identify and detain undocumented workers. Staying calm, informed, and prepared helps protect both employers and workers. 

Reminder: California law (the Immigration Worker Protection Act) prohibits employers from giving voluntary consent to enforcement agents to enter non-public areas without the requisite documentation, like a warrant.

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  • Common Examples of Occurrences when ICE Comes to a Workplace 
    • ICE agents arriving unannounced at workplaces and demanding entry without a judicial warrant 
    • ICE showing up with warrants and detaining employees suspected of undocumented status 
    • ICE agents questioning workers about immigration status or demanding to see documents 
    • Employers or others being asked to share information about an employee’s immigration status without an official subpoena, notice, or warrant
    • Intimidation, threats, or retaliation linked to immigration enforcement activities 
  • Laws and Policies Related to ICE

    Immigration and Nationality Act (INA) 

    • Governs ICE enforcement actions and requires valid judicial warrants for entering non-public areas  
    • Limits warrantless searches and detentions in workplaces 

    Immigrant Worker Protection Act (AB 450)

    • Imposes various prohibitions and requirements on employers with regard to worksite inspections by immigration enforcement agents.   

    California TRUST Act (Gov. Code §§ 7282–7282.12) 

    • Limits local law enforcement cooperation with ICE enforcement, including workplace detentions  
    • Prohibits honoring ICE detainers without a judicial warrant 

    California Labor Code Section 1171.5 

    • Protects workers from retaliation or discrimination based on citizenship or immigration status related to labor rights enforcement 

    San Diego County Board Policy L-2 

    • Prohibits County agencies and law enforcement from using resources for federal immigration enforcement except under limited conditions  
    • Limits cooperation with ICE to protect immigrant community trust and safety 

    Fourth Amendment, U.S. Constitution 

    • Protects against unreasonable searches and seizures; ICE must have a judicial warrant to enter private workplaces 

    Fifth Amendment, U.S. Constitution

    • Guarantees all persons (not only citizens) the right to due process under the law
    • Prohibits any government agent from compelling a person to act as a witness against themselves – the right to remain silent

Workers: Know Your Rights

All people living in the United States, including undocumented immigrants, have certain U.S. constitutional rights.

If Immigration and Customs Enforcement (ICE) officers come to your workplace, they must have either (1) a valid search warrant or (2) consent from your employer to enter non-public areas.

ICE can enter public areas of your workplace (such as the lobby or reception area) without a warrant or consent from your employer. 

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  • Before an ICE Visit: Your Rights
    • You have the right to prepare by learning your rights and contacting trusted immigration attorneys or organizations 
    • You do not have to disclose your immigration status to your employer or coworkers, except to prove that you are legally allowed to work in the United States (I-9 documentation) 
    • You can avoid sharing your immigration status unnecessarily to protect your privacy 

     

  • Before an ICE Visit: Actions to Take
    • Memorize or write down contact information for a trusted immigration lawyer 
    • Avoid sharing your immigration status with coworkers or employers unnecessarily 
    • Know where to go for help: local immigrant rights organizations, consulates, or legal aid groups 
    • Understand your rights and educate others you trust 
    • Know your workplace policies regarding visits by law enforcement officials, including ICE visits 
    • Give your employer contact information for a friend or relative and permission to give paychecks and other compensation to that person in the event that your employer is unable to contact you

     

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  • During ICE Enforcement: Your Rights

    These apply regardless of your immigration status: 

    • Right to remain silent and not answer questions about immigration status without a lawyer present 
    • Right to refuse entry or searches unless ICE presents a valid judicial warrant 
    • Right to legal representation before answering any questions 
    • Right to report workplace violations (wage theft, unsafe conditions, discrimination) without fear of deportation or immigration-based retaliation 
    • Right to observe and document the actions of ICE officers during an Enforcement Action. We do not advocate that you physically interfere with any law enforcement officer

     

  • During ICE Enforcement: Steps to Take
    • Stay calm; do not run, resist, or argue  
    • Ask ICE agents to show a judicial warrant signed by a judge before allowing entry to private areas 
    • Do not sign any documents, provide false documents or consent to searches without consulting a lawyer  
    • If safe, carefully document the event, including agents’ names, badge numbers, and actions (notes, photos, or videos)
    • Contact a trusted community organization or immigration attorney immediately

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  • After an ICE Visit: Your Rights

    You have the right to seek immediate legal help if you or others were detained:

    • For immediate legal assistance, San Diego Rapid Response Network through the Immigration Legal Service Coalition for San Diego:  (858) 751-7553 
    • San Diego County Immigration Legal Defense Program: (619) 446-2883; oac@sdcounty.ca.gov; Toll Free Line from Otay Mesa Detention Center: 1157#  Right to report any retaliation, threats, or discrimination that occur after the raid   
    • Right to file complaints with labor agencies if workplace rights were violated 
    • Right to continue documenting any workplace changes such as termination, reduced hours, or harassment 
  • After an ICE Visit: What to Do

    Contact trusted community organizations or immigration attorneys promptly 

    • San Diego County Immigration Legal Defense Program: (619) 446-2883; oac@sdcounty.ca.gov; Toll Free Line from Otay Mesa Detention Center: 1157#
    • San Diego Immigrant Rights Consortium/ Alliance San Diego: immigration@alliancesd.org; (619) 269-1823 
    • Report retaliation or unfair treatment to labor enforcement agencies 
    • Keep detailed records of any workplace changes or threats after the raid  
    • Apply for unemployment benefits if job loss occurs through no fault of your own 
  • Resources for Immigrant Workers

Employers: Responsibilities, Best Practices, and Resources

As an Employer you are required by law to:

  • Maintain confidentiality of employee immigration information 
  • Follow your requirements to adhere to applicable laws and do not physically interfere with any law enforcement officer 
  • Cooperate with lawful law enforcement requests but verify warrants or other documents presented by officers
  • Provide a workplace free of discrimination based on immigration status 
  • Ensure there is no retaliation against workers for asserting their rights or cooperating with investigations 

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  • Before an ICE Visit: Legal Responsibilities

    As an Employer you have the legal responsibility to:

    • Understand and comply with Assembly Bill 450 (Immigrant Worker Protection Act) - do not voluntarily allow ICE agents into non-public areas without a judicial warrant
    • Ensure employees are notified within 72 hours of receiving Notice of any I-9 inspections
    • Maintain strict confidentiality regarding workers’ immigration status and documentation 
  • Before an ICE Visit: Suggested Preparations
    • Train HR, managers, and supervisors on immigrant worker rights and anti-discrimination laws relevant to ICE enforcement
    • Develop and communicate a clear workplace policy regarding ICE visits, including who is authorized to respond
    • Maintain updated contact information for legal counsel experienced in immigration and labor law
    • Partner with trusted community organizations to provide resources and support for immigrant employees

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  • During ICE Enforcement: Legal Obligations
    • Verify that ICE agents present a valid judicial warrant before allowing entry to non-public workplace areas
    • Do not provide ICE agents with employee records or allow inspections without proper legal authorization 
    • Refrain from any action that could be seen as discrimination, retaliation, or intimidation based on immigration status 
    • Protect employees’ rights to remain silent and their right to legal representation during ICE interactions 
  • During ICE Enforcement: Recommended Employer Actions
    • Have a designated staff member calmly document the visit details (agent names, badge numbers, time, and actions)
    • Do not interfere with or obstruct lawful ICE enforcement but ensure that all actions comply with legal requirements 
    • Avoid sharing any immigration status information with ICE or other parties without proper authorization 

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  • After an ICE Visit: Required Follow-Up
    • Maintain confidentiality of any information obtained during the visit 
    • Investigate any reports of retaliation, discrimination, or workplace disruption linked to the ICE visit promptly and thoroughly 
    • Provide support and information to employees about their rights and available legal or community resources
    • Cooperate with any lawful labor investigations if workplace violations are reported in connection with ICE activity 
  • After an ICE Visit: Best Practices for Employers
    • Review and update workplace policies and training materials regularly to ensure ongoing compliance with immigration and labor laws
    • Foster a supportive workplace environment that respects worker rights and minimizes fear or intimidation 
    • Establish clear channels for employees to report concerns or retaliation safely and confidentially 
    • Document all ICE-related incidents and employer responses carefully to protect against legal risks

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Employer Training Held on 11/3/25: What to Do When ICE Comes to Your Business Rights, Actions, and Resources

Slides discussed in the employer training are available to download here. Please note that the laws and policies presented in this document are subject to change at any time. 

Spanish Audio Version of Employer Training 

Immigration is complicated, only licensed attorneys and federally accredited representatives are authorized to provide you legal advice and represent you in immigration matters. The content above is for informational purposes only and does not constitute legal advice. For legal questions, please consult an attorney. National Immigration Legal Services Directory .

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