Immigrant Raid Resources: What to Know and Do

President Trump announced last week that ICE will immediately begin a massive push to round up immigrants with outstanding warrants. Others in the area may also be detained, so this round-up could affect many thousands of restaurant workers.

     What should you do if ICE appears in your restaurant or your workers' homes? Here is advice from the American Business Immigration Coalition and the National Immigration Law Center (visit both of their sites for more information):

What Do I Do if ICE Shows Up at My Restaurant?

The following Q&A is from the American Business Immigration Coalition.

Q. Are ICE agents allowed to enter my business?

Generally, law enforcement is required to have a valid judicial warrant (it must be signed by a judge -- see below for more info) to enter private property. On the other hand, a judicial warrant is not required to enter a public space. So if your business is open to the general public, for example, a grocery store or restaurant, an ICE agent would not need a warrant to enter the business and begin talking to anyone they like. Even if your business is generally open to the public, you can still ask the law enforcement agent to leave if they don’t have a valid judicial warrant to enter your property.

Q. What if my employees work outdoors?

As stated before, the answer to this question will depend on where your employees are located. If your employees are located outdoors but are located on your property or a third-party’s property, ICE could still be required to show a valid judicial warrant to enter private property. However, if your employees are outdoors and in an area that is open to the general public, ICE might not be required to have a judicial warrant to enter that area. This is why it is important for your employees to know what to do if approached by any law enforcement officer, whether it is exercising their right to remain silent or directing any questions to a designated manager or supervisor.

What Do I Do if an ICE Agent Detains Me?

The following advice is from the National Immigration Law Center:

You have the right to remain silent. You may refuse to speak to immigration officers.

  • Don’t answer any questions. You may also say that you want to remain silent.
  • Don’t say anything about where you were born or how you entered the U.S.

Carry a know-your-rights card and show it if an immigration officer stops you.

Do not open your door.

  • To be allowed to enter your home, ICE must have a warrant signed by a judge (The links under "Valuable Brochures" below include examples of valid warrants). Do not open your door unless an ICE agent shows you a warrant. (They almost never have one.) If an ICE agent wants to show you a warrant, they can hold it against a window or slide it under the door. To be valid, the warrant must have your correct name and address on it.
  • You do not need to open the door to talk with an ICE agent. Once you open the door, it is much harder to refuse to answer questions.

You have the right to speak to a lawyer.

  • You can simply say, “I need to speak to my attorney.”
  • You may have your lawyer with you if ICE or other law enforcement questions you.

Before you sign anything, talk to a lawyer.

  • ICE may try to get you to sign away your right to see a lawyer or a judge. Be sure you understand what a document actually says before you sign it.

Always carry with you any valid immigration document you have.

  • For example, if you have a valid work permit or green card, be sure to have it with you in case you need to show it for identification purposes.
  • Do not carry papers from another country with you, such as a foreign passport. Such papers could be used against you in the deportation process.

If you are worried ICE will arrest you, let the officer know if you have children.

  • If you are the parent or primary caregiver of a U.S. citizen or permanent resident who is under age 18, ICE may “exercise discretion” and let you go.

Valuable Brochures

Click here for a useful brochure about your rights: https://wearecasa.org/wp-content/uploads/2017/04/KYR-New-V2.1English.pdf

En Espanol: https://wearecasa.org/wp-content/uploads/2017/04/KYR-New-V2.1Spanish.pdf