Immigrant communities in the U.S. are on edge as President-elect prepares to take office and begin to conduct what he has described as the "largest deportation operation in American history."
As part of the effort Trump is reportedly planning on removing a long-standing policy that stops Immigration and Customs Enforcement (ICE) agents from arresting undocumented individuals from sensitive places like churches, schools, hospitals, and events like funerals, weddings and public protests.
Currently, ICE (Immigration and Customs Enforcement) agents need supervisor approval before making arrests in these areas, but this requirement may soon end, according to sources, NBC News reported. In this context, many are also worried about the possibility that ICE agents show up at their place of work to detain and deport them.
Immigration lawyers detailed, both speaking to the Latin Times and through general advice on social media, what are people's rights if ICE shows up at their places of work. Here's a step-by-step guide:
1. Know your property rights
Newark, NJ immigration and criminal lawyer Eric Mark told The Latin Times that "If possible... avoid them without running from them, you can avoid them. This means if you can keep them out of the workplace, you do not have to let them in. This is probably unlikely, so the best thing you may be able to do is make sure someone calls a lawyer for you. You definitely do not want to run, which could be dangerous and could lead to criminal charges."
Immigration lawyer LaToya McBean Pompy, on her end, said on her social media account that if you work in a public space like a restaurant or a mall, ICE can enter that space without a warrant and detain you if they have your information. However, if you work in a private space like an office, it is up to the discretion of your employer whether or not they are allowed to enter without a warrant. McBean Pompy stresses that regardless of where you work, you have the right to remain silent and you can get a lawyer if you are detained.
Another immigration lawyer who is active on social media, Brad Bernstein, says "If you're the employer, you say 'I am the employer. You cannot go to any area without my permission. This is a private workplace.' If ICE continues to try to enter into your workplace, you say this, 'Do you have a judicial warrant because if not, you are violating my rights.'"
@bradbernsteinlaw Wathc video to know your rights when ICE raids your place of empoyment. Brad explains what to do if ICE comes to your place of employment. Employers should not allow ICE agents into the workplace without a judicial warrant. As an employee, you are not obligated to speak to ICE or stand in groups discussing your immigration status. If you feel threatened, do not run away, as this can escalate the situation. Instead, try to calmly walk out the door if it’s safe to do so. Protect your rights and consult an immigration attorney immediately if you’re affected. #KnowYourRights #ICEEnforcement #ImmigrationLaw #BradBernstein #SparBernstein
♬ original sound - bradbernsteinlaw
2. You have the right to remain silent
One of the key pieces of advice from immigration lawyers is to remain silent if ICE approaches you on the street. You are not obligated to answer questions about your immigration status, Bernstein explained. The Fifth Amendment protects people from self-incrimination. If you are not under arrest, you have the right to not speak to ICE agents, he added.
McBean Pompy stresses that regardless of whether your workplace is considered a private or public space, "Just remember that you have the right to remain silent and you can get a lawyer if they detain you."
If you are detained, immigration lawyer Kathleen Martinez says that you should "ask them if you are under arrest. If they ask your your legal status you don't have to answer, if they ask for your documents, you don't have to answer".
@mcbeanimmigrationlaw Replying to @moss3416 Thanks for giving me an opportunity to do this video by commenting! You’ve helped to spread my work even further. 👍😉 #immigration #immigrant #undocumented #immigrationlawyer #immigrationlawyermcbean #immigrationtiktok #mcbeanlaw #immigrationattorney #deportation #immigrationlaw #immigrants #greencard #immigrationproblems #FreedomNOW
♬ original sound - McBean Immigration Law
3. Document your encounter
Bernstein also advises that if they do not have a warrant and continue to try to enter, encourage staff to take videos of them. He also explains that employees are not legally obliged to answer any questions and that after they leave, you should write down everything that happened.
4. Legal resources and community support
If you are detained by ICE or face any legal action, it's essential to contact an immigration lawyer immediately. Many organizations, like the American Civil Liberties Union (ACLU) and Immigrant Defense Project, offer free legal resources to help those facing deportation. Many of these organizations also have apps or community events where you can learn your rights and get support.
Immigration lawyers recommend keeping a "Know Your Rights" card with you, which can be found online or distributed by local advocacy groups. These cards often include instructions on what to do if approached by ICE, ensuring you are prepared in case of an encounter.
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