Have a general question about employment law? Want to share a story? I welcome all comments and questions. I can't give legal advice here about specific situations but will be glad to discuss general issues and try to point you in the right direction. If you need legal advice, contact an employment lawyer in your state. Remember, anything you post here will be seen publicly, and I will comment publicly on it. It will not be confidential. Govern yourself accordingly. If you want to communicate with me confidentially as Donna Ballman, Florida lawyer rather than as Donna Ballman, blogger, my firm's website is here.

Tuesday, July 16, 2019

What To Do If ICE Shows Up At Your Workplace (For Employees)

Since it looks like the ICE raids have started, I thought I'd publish this helpful information put out by Penn State Law's Center for Immigrants’ Rights Clinic:

All people living in the United States, including undocumented immigrants, have certain U.S. Constitutional rights.  
If immigration officers (ICE) come to your work place, they must have a valid search warrant or the consent of your employer to enter non-public areas. If you are undocumented and immigration officers come to your work place, be aware of the following: 
  • Do not panic and do not run away. If you are frightened and feel like you need to leave, you can calmly walk toward the exit. 
  • If you are stopped, you may ask if you are free to leave. If the officer says no, do not try to exit the building. 
  • If you are questioned, you may tell them you want to remain silent. 
  • You have the right to remain silent. You do not need to speak to the immigration authorities or answer any questions. 
  • If you are asked where you were born, or how you entered the United States, you may refuse to answer or remain silent. 
  • If you choose to remain silent, say so out loud. 
  • If they ask you to stand in a group according to immigration status, you do not have to move, or you can move to an area that is not designated for a particular group. 
  • You may show a know-your-rights card to an officer that explains that you will remain silent and wish to speak to a lawyer. 
  • You may refuse to show identity documents that say what country you are from. 
  • Do not show any false documents and do not lie. 
  • You have the right to speak to a lawyer. If you are detained or taken into custody, you have the right to immediately contact a lawyer. 
  • Even if you do not have a lawyer, you may tell the immigration officers that you want to speak to one. 
  • If you have a lawyer, you have the right to talk to them. If you have a signed Form G-28, which shows you have a lawyer, give it to an officer. 
  • If you do not have a lawyer, ask an immigration officer for a list of pro bono lawyers. 
  • You also have the right to contact your consulate. The consulate may be able to assist you in locating a lawyer. 
  • You can refuse to sign any/all paperwork until you have had the opportunity to speak to a lawyer. 
  • If you choose to sign something without speaking to a lawyer, be sure you understand exactly what the document says and means before you sign it.

Even if you aren't an immigrant, you can help coworkers by having this information handy in case of an ICE raid.

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I appreciate your comments and general questions but this isn't the place to ask confidential legal questions. If you need an employee-side employment lawyer, try http://exchange.nela.org/findalawyer to locate one in your state.