We act to strengthen the safety net that protects our community
With ever increasing uncertainty and fear within the immigrant community in the United States, one of the most important tools to overcome the jarring changes from the current administration’s executive orders has been equipping people with one of the most valuable things out there—information. Seven weeks into the new administration, HILSC has provided training for school personnel, parents, immigrant-serving nonprofits and healthcare providers that directly reached 150 people in person and countless more online, through media briefings and at community events. All to make sure that everyone knows up-to-date immigration information, their constitutional rights regardless of who is the president, and so any person is equipped to respond to immigration enforcement incidents.
The Trump administration issued multiple executive orders targeting immigrant community that have been implemented through affirmative administrative orders and directives. One of those orders included the January 20, 2025, DHS memorandum that rescinded the protection of sensitive locations policy in force for more than a decade. This rescission opens up the possibility of ICE and federal agents coming to schools, places of worship, playground, protest, weddings, funerals, and hospitals to conduct immigration enforcement. Raids and interactions with immigration enforcement have been a big concern among immigrants and many are exercising caution by staying indoors. Yet, individuals still need to go to the grocery store, drop their children off at school, visit their doctor, and work. We shared information on how schools, places of worship, and hospitals can implement measures to protect immigration populations in our previous blog. This writing will focus on what employers can do to protect their workers to protect them against efforts to undermine workers’ rights.
What should individuals/workers know about immigration enforcement in the workplace?
During a raid or in the presence of immigration enforcement, workers have rights and should prepare as a team to coordinate a plan if immigration enforcement shows up.
1. Remain calm and alert your supervisor. Do not run and try to continue working if you can.
2. Know your rights: You have rights regardless of your immigration status or who is in the White House:
a. 4th Amendment Right protects you from unreasonable searches and seizures.
b. 5th Amendment Right to remain silent.
i. Do not answer questions, do not sign anything, do not provide false documents and ask to speak to a lawyer.
3. Equip yourself with resources: That includes red cards, Know Your Rights 4 Immigrants App, and the Immigrant Rights Hotline 1-833-468-4664. For example, you can present a red card, let it speak for you and remain silent, have the app read out your rights and alert your emergency contacts, and call the hotline for questions or concerns.
4. Create an emergency plan: Use HILSC’s emergency preparedness plan sheet. Have a conversation with your family about what would be the next steps if someone is detained in your family. For example, who will be responsible for children and their day-to-day care, how finances will be, and how can someone access important documents like previous immigration documents.
5. Do not carry false or foreign documents with you.
6. Organize with your workplace and allow every worker to understand the procedures if immigration enforcement shows up. Support each other’s families if someone is detained.
What should employers know about immigration enforcement in the workplace?
1. Adopt a protocol to handle immigration enforcement at the workplace.
2. Designate a representative that will speak to immigration enforcement. This can be a supervisor or someone that aligns with the company’s policies.
3. Identify when immigration enforcement is at the worksite. Front- line individuals (such as front desk, security, cashier) should know that immigration enforcement can include agencies such as ICE Enforcement and Removal Operations (ERO), Homeland Security Investigations (HSI), Federal Bureau of Investigations (FBI), and Fraud Detection and National Security (FDNS.)
4. Limit access to private areas. Identify and clearly mark which areas are public vs private in your workplace and do not allow immigration agents to enter where they are not permitted.
a. Public areas: Immigration agents are permitted to be in public areas. Even if they can ask questions, one can exercise their 4th and 5th Amendment rights to not allow a search and remain silent.
b. Private areas: These are clearly marked areas to which only employees can access. Immigration enforcement can only access these areas if they have a judicial warrant signed by a judge.
5. Understand which type of action immigration enforcement is taking.
a. Site visits: obtain information for I-9 compliances.
b. Targeted investigations: collect information about a specific individual to question, detain, or arrest them.
c. Raids: large scale operations in which employers are suspected of conducting illegal activity and can apprehend multiple people.
6. Recognize judicial warrants from administrative warrants: immigration enforcement may at best bring with them an administrative warrant (also known as ICE warrant) instead of a judicial warrant signed by a judge. Immigration officers can only enter private areas and/or arrest someone if they have a judicial warrant signed by a judge. Administrative warrants do not authorize any enforcement agency to make arrests or enter private locations. You can access examples here.
a. Other types of documents that can be presented to request information include I-9 inspections, request for information, grand jury/ federal court subpoena and immigration subpoenas.
7. Contact an attorney or your compliance department before responding to document requests.
a. Be mindful not to obstruct federal agent, document the encounter, collect as much information as possible, and relay information to the legal team when possible.
8. Contact the worker’s family members if your employee is arrested due to a workplace raid or encounter with immigration enforcement.
All in all, let us not forget that immigrants are people, and people have rights. Tom Homan, immigration “border czar,” claims that the immigrant community is evading arrest by knowing their rights. However, knowing your rights is a safeguard from immigration enforcement abusing their own authority and violating the law. HILSC is dedicated to informing the Houston community of their rights and spreading awareness of the many helpful tools. Contact us at info@houstonimmigration.org. You can always access more information using the “Know Your Rights” resources on our website.
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