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Know Your Rights: If ICE Comes to Your Workplace
Juliana LaMendola • March 20, 2025
All people living in the United States, regardless of immigration status, have certain U.S. constitutional rights. If Immigration and Customs Enforcement (ICE) officers come to your workplace, they must have either (1) a valid search warrant, or (2) consent from your employer to enter non-public areas. Non-public areas could include: staff break rooms, server rooms, mechanical rooms, HR department offices, private meeting rooms, etc. However, ICE can enter public areas of your workplace (lobby, reception area, parking lot etc.) without a warrant or consent from your employer.
If you encounter ICE at your place of employment, it is important to stay calm. If an officer stops you, you may ask if you are free to leave. If they say yes, walk away calmly. If they say no, stay where you are and do not attempt to leave.
You have the right to remain silent. You do not have to speak to ICE, answer any questions, or show any documents. If asked about your place of birth, how you entered the United States, or your immigration status, you may refuse to answer or remain silent. If you choose to remain silent, say it out loud: “I choose to remain silent.” If officers ask you to stand in a group based on your immigration status, you do not have to move. Be prepared to assert your rights by downloading, printing, and carrying a "red card" (available at https://www.ilrc.org/red-cards-tarjetas-rojas) that states you do not wish to speak, answer questions, or sign documents.
You are not required to show immigration documents. You may refuse to show identity documents that reveal your nationality or citizenship. However, never show false documents or provide false information.
If you are detained or taken into custody, you have the right to contact a lawyer immediately. Even if you do not have a lawyer, you can tell immigration officers, “I want to speak to a lawyer.” If you have a lawyer, you have the right to speak to them and, if possible, provide proof of this relationship (such as a signed Form G-28) to an officer. If you do not have a lawyer, ask for a list of pro bono (free)
or low bono (low-cost)
lawyers.
You do not have to sign anything without first speaking to a lawyer.
If you choose to sign any documents, make sure you fully understand what they mean, as signing may waive your rights or lead to deportation.
If you believe your rights have been violated, write down what happened. Be sure to include specific details such as names, badge numbers, and exactly what was said and done. Report the violation to a lawyer or an immigrant rights organization as soon as possible.
If you or someone you know may be impacted by this executive order, staying informed and understanding your rights is crucial. At Santos Lloyd Law Firm, P.C., our trusted immigration attorneys are available to provide guidance and support during this uncertain time. Please contact us if you need assistance.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Juliana LaMendola
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On January 20, 2025, President Donald Trump signed an Executive Order imposing new restrictions on migrants, including limitations on asylum and humanitarian protections. The order directs the Department of Homeland Security (DHS) to terminate all categorical parole programs that conflict with U.S. policies , which includes parole processes for Cuban, Haitian, Nicaraguan, and Venezuelan nationals. Additionally, this provision could impact parole programs for individuals from Afghanistan, Ukraine, and other countries. Beyond restricting parole, the executive order introduces several border security measures , including building more physical barriers, increasing the number of border personnel, and stopping the use of the CBP One mobile application . The order specifically directs the Department of Defense (DOD) and DHS to build more border walls to establish what it calls “complete operational control” of the southern border. Additionally, it ordered the immediate shutdown of the CBP One mobile app, which previously allowed asylum seekers to schedule appointments at U.S. Ports of Entry. As a result, all existing appointments have been canceled immediately . The order also initiates the reinstatement of the “Remain in Mexico” program , also known as the Migrant Protection Protocols (MPP) , across all sectors of the southern border. Under MPP, asylum seekers must remain in Mexico while awaiting the outcome of their U.S. immigration court proceedings, significantly altering the process for those seeking refuge in the country. These measures reinforce the Trump administration's broader effort to restrict asylum and humanitarian protections at the U.S. border . If you or someone you know may be affected by this executive order, it is essential to stay informed and understand your legal rights. Consulting with an immigration attorney can help navigate these evolving policies and ensure the best course of action moving forward.
