Business Guide: Preparing for a Potential ICE Visit
 

On April 14th, we hosted our ICE Enforcement and Your Business Civic Affairs Forum. This is a guide to help you as a business be best prepared with tips from our panel of experts.

 

Thank you to Walnut Creek Downtown for covering the event and providing this guide.

Your Business Rights

  • Agents do not have access to private offices or employee-only areas. Clearly mark spaces with signage such as 'Employees Only' or 'Private.'
  • Employers and employees have the right to remain silent.
  • The employer/business have the right to decide who is allowed into your business.
  • Do not hand over original documents. Provide copies only (e.g., work permits, passports).
  • Recording interactions can help ensure an accurate account of events.

Suggested Action Plan for Businesses

  • Designate one trained point of contact to interact with authorities.
  • Ask the purpose of the visit and request the agent’s name, badge number, and agency.
  • Request to see a judicial warrant before allowing access.
  • Call your county’s Rapid Response Network immediately.

            Additional suggestions:

    • Create a welcoming environment for all where the immigrant community feels safe
    • Schedule staff training on how to implement the plan
    • If an ICE interaction takes place at a business, conduct a debrief for staff to provide information & emotional check-in/support

Warrants & I-9 Requests: Key Legal Distinction

  • Administrative warrants do NOT grant access to your business. Only a judicial warrant (signed by a judge) allows agents to enter private areas or access records.
  • ICE must provide a judicial warrant or proper legal notice, like a notice of inspection or subpoena to inspect I-9 forms.
  • An employer is not required to assist ICE beyond what is required by the Judicial warrant or other legal notice.
  • A notice of inspection or subpoena does not require you to surrender documents immediately. They will provide a time limit to respond. Take that time to contact your attorney to confirm what you have to provide.

If an Employee Is Detained

  • Get their full name, A number, country of origin, and an emergency contact to share with the county response team.
  • Help connect them with legal representation.

Additional Resources

  • Mobile legal clinics may be available through the county.
  • USCIS website for work authorization documents: https://www.uscis.gov/
  • DHS website for finding persons detained by ICE: https://locator.ice.gov/
  • Stand Together Contra Costa Rapid Response Hotline: 925-900-5151

Event Panel

Sonia Bustamante, Director SAFE Center

Ali Saidi, Attorney, Contra Costa Public Defender's Office

Natasha Prince, Senior Immigration Attorney, JFCS-East Bay

 

Moderated by Angela Ashley, Founding Attorney, D/L/H/A Law Group
 

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1280 Civic Drive Suite 100, Walnut Creek, CA 94596-7219 USA

 

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