FAQ: Immigration Enforcement

Where have large-scale immigration enforcement actions taken place?  

We have seen large-scale ICE enforcement actions throughout the country, including in Los Angeles, Portland, Chicago, and Minneapolis. We have also seen “surges” of ICE activity in states like North Carolina, Maine, and Ohio. 

It is likely that more large-scale immigration enforcement actions will occur in other cities and states. These could include states and localities where law enforcement has agreed to cooperate with ICE. A list of locations with 287(g) agreements (for local law enforcement cooperation with ICE) is available here.

Is someone’s family or home at risk during an ICE workplace operation or raid? 

During a workplace raid or operation, ICE also may visit workers’ homes, particularly of workers whose records are found at the company. 

• If ICE agents visit a worker’s home, families are under no obligation to answer questions or even open the door unless the agents have a warrant signed by a federal or state court judge.
• ICE is known to routinely question people who are present during operations—even if they have no relation to the investigation. If ICE can identify family members or other household members whom they deem a priority for deportation, those individuals also could be detained and taken into immigration custody, sometimes referred to as “collateral arrests.”

Could immigration enforcement take place at or near schools? 

Yes. The Trump administration ended “sensitive locations” protections that protected schools, hospitals, and other community-serving institutions from routine immigration enforcement activity. As a result, educators across the country have reported that ICE agents have been seen in school parking lots, school bus stops, and have been engaging in immigration enforcement actions near schools during arrival and dismissal times. 

There have also been several instances of ICE agents entering school grounds to conduct enforcement actions. As a result, NEA strongly encourages schools and school districts to adopt a safe zones policy that outlines what educators, and staff should do if ICE attempts to engage in immigration enforcement at schools. Hundreds of school districts around the country have already adopted a safe zones policy. 

What plans can schools have in place to prepare for ICE activity that affect families? 

• Check frequently with families to ensure that contact information is up to date, since phone numbers and addresses could change multiple times during a school year.
• Affirmatively request that parents list one or two local friends or family members who could receive (“check out”) the child in the event of an ICE raid or other emergency.
  • After a raid, sometimes only people who are not listed on the child’s school registration list may be available to pick them up.
• Have a list of potential interpreters at the ready. After a community experiences large-scale immigration enforcement, expect to be overwhelmed by the need for Spanish speakers to respond to questions and serve those attempting to get students checked out to responsible adults. A shortage of interpreters may be especially acute in more rural areas.
  • Reach out to universities in the area if there are any Spanish faculty/students who might be willing to interpret.
  • Compile a list of community interpreter volunteers ahead of time.
• Set up a rapid-response network or become part of an existing one.
  • This might include planning for text trees, phone trees, recruiting videographers and photographers, people to make banners, legal observers, etc. Make sure attorneys and communications-focused people are included as well.
  • Create a network of friends, family, and neighbors to be ready to protest or take action if a raid happens.

What are an employer’s rights and responsibilities during a workplace immigration raid? 

ICE Arrival

• Employers should call their lawyer immediately when a raid begins.
• Examine any search warrant and send a copy to your lawyer. Ensure the warrant is:
  • Signed by a federal or state court,
  • Served within the permitted time frame,
  • The search is within the scope of the warrant (the area to be searched and the items to be seized).
• The employer can accept the warrant but not consent to the search. If you do not consent to the search, the search will proceed but you can later challenge it if there are grounds to do so.
  • Write down the name of the supervising ICE agent and the name of the U.S. Attorney assigned to the case. 

Executing the Raid

• Do not block or interfere with ICE activities or the agents. However, you do not have to give the agents access to non-public areas if they did not present a valid search warrant.
• If agents present a valid search warrant and want access to locked facilities, unlock them.
• Object to a search outside the scope of the warrant. Do not engage in a debate or argument with the agent about the scope of the warrant. Simply present your objection to the agent and make note of it.
• Have at least one company representative follow each agent around the facility. The employee may take notes or videotape the officer. Note any items seized and ask if copies can be made before they are taken. If ICE does not agree, you can obtain copies later.
• Request reasonable accommodations as necessary. If agents insist on seizing something that is vital to your operation, explain why it is vital and ask for permission to photocopy it before the original is seized. Reasonable requests are usually granted.
• Protect privileged materials.
  • If agents wish to examine documents designated as attorney-client privileged material (such as letters or memoranda to or from counsel), tell them they are privileged and request that attorney-client documents not be inspected by the agents until you are able to speak to your attorney.
  • If agents insist on seizing such documents, you cannot prevent them from doing so. If such documents are seized, try to record in your notes exactly which documents were taken by the agents.
• Ask for a copy of the list of items seized during the search. The agents are required to provide this inventory to you. 

Employee Interactions with ICE

• You may inform employees that they may choose whether or not to talk with ICE, but do not direct them to refuse to speak to agents when questioned.
• Ask if your employees are free to leave. If they are not free to leave, they have a right to an attorney. Though you should not instruct your employees to refuse to speak to ICE, they also have the right to remain silent and do not need to answer any questions.
• Do not hide employees or assist them in leaving the premises.
• Do not provide false or misleading information, falsely deny the presence of named employees, or shred documents.
• Don’t forget the health and welfare of your employees. Enforcement actions can sometimes last for hours. If an employee requires medication or medical attention or if employees have children who need to be picked up from school, communicate these concerns to the ICE officers.
• Company representatives should not give any statements to ICE agents or allow themselves to be interrogated before consulting with an attorney.