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Over the weekend, US immigration and customs enforcement officers knocked on the doors of a handful of Los Angeles-area homes. And last month, US Border Patrol agents carried out a three-day raid in rural Kern County, recruiting Latino farm workers and jobs in the parking lots of major stores.
These actions serve as reminders that ice and other immigrant staff can manifest themselves with little or no warning in their homes, businesses, or public places.
And given the Trump administration’s desire to ratchet immigrant enforcement and deportation, workplace and immigration rights advocacy groups say it’s important for business owners to prepare themselves and their employees for potential visits from the ice.
“The best way to feel overwhelmed is to prepare,” said Juliana Gabriel, vice president of human resources for California employers.
Why do immigration authorities appear?
Some of the reasons why immigration authorities can visit their workplace include Form I-9 audits, raids, or detaining certain people. Your employer may be notified of your visit or may occur without warning.
Such officials can feel overwhelming in the workplace because employees may be uncertain about their rights, their search purposes, or what will happen next.
He added that employers should consider developing a response plan for managers to follow in case of ice visits.
“Some employers may choose to carry out ‘ice training’ (as well as fire drills) to help staff measure preparation and keep employees calm in the event of actual visits,” she said.
What is Form I-9 Audit?
Federal law requires that all employees on a payroll file Form I-9. According to California employers, these documents certify that employees are permitted to work in the United States.
To comply with the law:
The form must be completed within three days of the employee’s employment date. The completed form must be submitted three years after a person is hired or one year after the last day of employment, either after the worker’s last day, according to the National Employment Act Project.
“We recommend having strong employment and onboarding practices to ensure that employee files are as complete and correct as possible,” Gabriel said. “It is also best practice to conduct regular audits of I-9 records to identify and correct inconsistencies before ICE is displayed.”
Ice or Homeland Security Investigations have a latitude that determines whether Form I-9 is audited.
What will be the next step if an audit is started?
Businesses will receive a three-day test notification to provide a three-day record, according to Legal Aid at Work, a workplace rights advocacy group. Employers must also post a notification to the employee within 72 hours of receiving it. It also must be the language or language that is normally used to communicate with staff.
Notices posted to your employer must include:
The name of the immigration office that conducts the audit. A copy of the inspection notification date that the employer received the inspection notification, which documents to inspect.
If an immigration officer identifies an employee that may be lacking appropriate work approval or that there is a defect in the document, the company must be notified and provided with a copy of the findings to the employee within 72 hours.
According to California employers, employers operating in a union environment must provide a copy of these notices to employee representatives within the same time frame.
According to the National Employment Law Project and the National Immigration Law Centre, operators “deemed to have failed to comply with Form I-9 rules” may be ordered to suspend employment of people who do not have a valid work permit and who may face private and criminal fines and other penalties.
What is Ice Raid?
An assault is when an ICE agent arrives at work without warning its employer. According to California employers, they can be accompanied by other agencies or appearing in many.
Can ICE go to work to detain a particular person?
According to the National Center for Immigration Law, ICE agents can go to business to try to find a particular person or person.
How can I prepare for a work ice visit?
California employer assn. We recommend creating a four-stage response plan that needs to be addressed:
Who should warn me if ICE appears or receive a notification? Who is allowed to speak to law enforcement on behalf of the company? What information can I collect from an agent? Is there a designated location for the agent to wait?
Who should warn: Gabriel said that managing within the organization and warning employees/union representatives will help reduce workplace disruption and calm employees.
“Rumors and misinformation tend to cause panic between the workforce, and some employees may try to flee or confront the agent,” she said. “Running can give agents a reason to detain or arrest someone, so we recommend that you have employee representatives or management members to keep the orders in place and calm the employee.”
When ICE appears, the legal counsel should be notified immediately as it will help protect the organization and employees from agents who cross boundaries or deprive them of their freedom, as long as they are given the authority to do in your workplace,” she added.
Certified Speakers: Examples of people you can designate to speak to agents include members of the management team, such as a business owner or general manager or a human resources representative.
“Ideally, you’ll be someone who’s familiar with response planning.
She said that the identified person or people should remain structured confidently, clearly and “while protecting the privacy of the organization and its employees.”
Collecting ICE Agent Information: You have the right to ask immigrant staff for the agents they represent and for their names, badge numbers and business cards.
“There have been reports of citizens impersonating ice agents, targeting others, detaining them and harassing them,” Gabriel said.
Designated Waiting Room: Find a meeting room or office where agents can wait. This can limit workplace confusion.
What to do when ICE rises
Companies need to establish a response plan as soon as immigration officers arrive.
Before an ICE agent enters a private business area (public areas are parking or lobbying), he or she must present a valid warrant to perform the search.
Valid warrants are:
issued by the court. He has the correct name and address of the person being seized. Signed by a judge or magistrate.
According to the National Employment Act Project, businesses need to ensure that employees know their rights and should refrain from engaging with ice officials. If an ICE agent has questions or requests, the worker should not respond and instead instruct the official to speak to the employer.
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