As an attorney with experience in labor and immigration law in New York and New Jersey, I have represented many workers who faced difficult situations during unexpected visits from ICE at their workplaces. These operations, known as workplace raids, can be traumatic, especially for undocumented workers. But it is important to know that immigration cannot do whatever it wants. ICE must respect legal limits, and you have constitutional rights regardless of immigration status.
This article explains what to do and what not to do if ICE appears at your workplace, and it offers a legal script for recording the interaction safely and effectively.
Can ICE enter your workplace without a warrant?
It depends. If ICE arrives without a judicial warrant signed by a federal judge, it does not have the right to enter private areas of the workplace without permission from the owner or person in charge. This includes areas such as the kitchen, employee area, basement, locker rooms, and any space not open to the public. If the employer gives permission to enter, ICE can enter legally. But if there is no consent and no valid judicial warrant, the agents are violating the law.
5 things you should do
1. Stay calm, do not run, and observe carefully
Fear may be the natural first reaction. But running, hiding, or disturbing the order can worsen the situation. ICE can use that behavior as an excuse for arbitrary detention. The best thing you can do is remain calm and observe carefully what the agents do, how they identify themselves, and whom they approach. Mentally or in writing, note how many agents arrived, what vehicles they used, whether they showed a judicial warrant and what it said, whether they mentioned anyone by name, and whether they entered private areas without permission. This information may be useful later for a legal defense.
2. Ask whether they have a judicial warrant signed by a judge
You have the right to ask whether the agents have a valid warrant. The specific question is: “Do you have a judicial warrant signed by a judge authorizing you to enter here?” If the warrant is not signed by a federal judge, it does not have legal force to enter private workplace areas. An administrative ICE warrant, such as Form I-200 or I-205, does not give them the right to enter without consent. You may ask to see the warrant, and if it is not judicial, you may say: “I do not authorize entry without a warrant signed by a judge.”
3. Do not answer questions about your immigration status
You have the right to remain silent. If asked where you were born, whether you have papers, whether you entered the country legally, or any other personal information, you can respectfully answer: “I prefer not to answer.” “I will exercise my right to remain silent.” You are not required to answer. Giving answers without legal advice can put your immigration situation at risk, even if you have a pending case or are in the process of regularizing your status.
4. Inform your supervisor or employer
It is important that someone in a position of authority knows what is happening. The employer has the right to protect the business and refuse ICE entry into private areas without a judicial warrant. The employer should also refuse to provide employee lists without a valid legal request. If the employer acts correctly, the entire team can be protected.
5. If it is safe, record the interaction
In New York and New Jersey, the law allows a person to record a conversation or video if the person is part of the interaction. This means you may legally record what happens, as long as you are present. Recording can serve as evidence if rights are violated. However, do not risk your safety. If agents are armed or aggressive, prioritize your physical safety. Suggested script: “I am recording this interaction to protect my rights and the rights of my coworkers. Can you please identify yourself? Do you have a judicial warrant signed by a judge that allows you to enter this property?” Repeat the questions if you do not receive an answer. Keep a firm but respectful tone. If you decide to record, save the file in a safe place and do not share it publicly without consulting an attorney.
3 things you should not do
1. Do not run or hide
Running or hiding can be interpreted as suspicious and can endanger both your safety and that of your coworkers. These actions may give ICE more excuses to detain more people, even without specific cause.
2. Do not present false documents
Never hand over false identification, altered papers, or untrue information. This can result in criminal charges and destroy your chances of obtaining immigration relief in the future. If you do not have documents, you can simply say: “I prefer not to provide documents at this time.”
3. Do not sign anything without legal advice
ICE sometimes presents forms for people to sign, especially if they have already been detained. These forms may include waivers of hearings, voluntary departures, or admissions of guilt. Signing without understanding what you are signing can lead to immediate deportation. You have the right to say: “I will not sign anything without speaking with an attorney.”
ICE’s presence at your workplace can be intimidating, but it does not mean you are without protection. The U.S. Constitution and the labor laws of New York and New Jersey grant you fundamental rights regardless of immigration status.
