What to Do If ICE Comes to Your Work
You’re at work when immigration enforcement agents walk in. They’re asking to see employee records or questioning workers about their immigration status. Your heart races. What should you do?
If ICE shows up at your workplace, knowing what to do can protect your rights and your future. California law provides stronger workplace protections than most people realize, but only if you know how to use them.
Can ICE Enter Your Workplace Without a Warrant?
The answer depends on where in your workplace ICE wants to go. Under California’s Immigrant Worker Protection Act (AB 450), ICE agents face significant restrictions when conducting workplace raids.
ICE can enter public areas of your workplace without a warrant. These include spaces where customers normally go: restaurant dining rooms, retail sales floors, or hotel lobbies.
However, ICE cannot enter nonpublic areas, like back offices, kitchens, break rooms, or storage areas, without a judicial warrant signed by a judge. Your employer is legally prohibited from giving voluntary consent for ICE to enter these employee-only spaces without proper authorization.
What California’s AB 450 Means for You
California’s Immigrant Worker Protection Act creates three critical protections:
- Your employer cannot let ICE into nonpublic areas without a judicial warrant. Administrative warrants (ICE Form I-200 or I-205) don’t count—these aren’t signed by judges and don’t give agents authority to enter employee-only spaces.
- Your employer cannot hand over your employment records without a subpoena or judicial warrant. ICE can’t just ask for your I-9 forms or personal information and get them.
- Your employer must notify you within 72 hours if ICE requests an I-9 audit. This gives you time to consult with an immigration attorney.
Employers who violate AB 450 face civil penalties between $2,000 and $10,000 for each violation.
The Difference Between ICE Warrants
When ICE agents show up, they may present different documents. Knowing the difference protects your rights.
Administrative Warrants (Forms I-200 or I-205)
These internal ICE documents aren’t signed by judges. An administrative warrant does not give ICE authority to enter nonpublic workplace areas. Your employer should refuse entry based on an administrative warrant.
Judicial Warrants
A judicial warrant is signed by a federal or state judge—the only type that allows ICE to enter employee-only areas. Even with a judicial warrant, you still have the right to remain silent.
Subpoenas for Records
If ICE presents a subpoena for employee records, your employer should consult with an attorney to verify it’s valid before complying.
What to Do If ICE Raids Your Workplace: Your Rights and Actions
If ICE agents arrive while you’re at work, here’s what to do:
Exercise Your Right to Remain Silent
You don’t have to answer questions about where you were born, your immigration status, or how you entered the U.S. Say clearly: “I am exercising my right to remain silent.”
Don’t Show Documents Unless Legally Required
Don’t voluntarily show passports or IDs. Say: “I want to speak to a lawyer before showing documents.”
Ask If You’re Free to Leave
Ask: “Am I free to leave?” If they say yes, calmly walk away.
Never Lie to Federal Agents
Lying to ICE is a federal crime. If you don’t want to answer, stay silent or request a lawyer—never provide false information.
Don’t Sign Anything Without an Attorney
ICE may ask you to sign documents agreeing to voluntary departure or waiving your rights. These are extremely difficult to undo. Always consult an attorney before signing.
Where Can ICE Go in Your Workplace?
Public areas include spaces customers access: restaurant dining rooms, retail sales floors, hotel lobbies. ICE can enter these without a warrant.
Nonpublic areas include employee-only spaces: back offices, kitchens, break rooms, storage areas. ICE needs a judicial warrant signed by a judge to enter these.
Even if ICE enters a public area, you have the right to remain silent.
What Your Employer Should (and Shouldn’t) Do
Under California law, your employer has specific obligations:
Employers must:
- Verify any warrant is a judicial warrant signed by a judge
- Refuse entry to nonpublic areas without a valid judicial warrant
- Refuse to provide employee records without a subpoena or judicial warrant
- Notify employees within 72 hours of receiving an I-9 audit notice
Employers cannot:
- Voluntarily allow ICE into nonpublic workplace areas
- Hand over employee information without proper authorization
- Threaten to call ICE as retaliation against workers
- Discriminate based on immigration status
If your employer threatens to call immigration authorities because you complained about unpaid wages or unsafe conditions, they may be violating California labor law.
After an ICE Visit to Your Workplace
Document everything: date, time, badge numbers, what agents said, whether anyone was arrested, and whether your employer allowed access without a warrant.
Contact an immigration attorney if you believe your rights were violated. If you witnessed retaliation, file a complaint with the California Labor Commissioner.
How We Can Help If ICE Comes to Your Work
At the Law Office of Lina Baroudi, we’ve helped countless foreign persons navigate interactions with immigration enforcement. We can:
- Review what happened during the ICE visit and identify violations of your rights
- Help you understand whether you have legal options to remain in the United States
- Represent you if you’re facing removal proceedings
- Address retaliation or discrimination from your employer
We understand that workplace immigration raids create fear and confusion. Our job is to help you understand where you stand and what options you have.
Contact the Law Office of Lina Baroudi
If ICE has visited your workplace, or if you want to be prepared in case they do, don’t wait. The decisions you make following an ICE workplace raid can affect your ability to remain in the United States.
Contact us today to schedule a consultation. We’ll review your situation and help you develop a strategy to protect your rights and your future.
Author Bio
Lina Baroudi is the owner and managing attorney at the Law Office of Lina Baroudi. Lina is a dedicated immigration attorney with over ten years of experience in the field. As an immigrant herself, having moved to the United States from Syria at a young age, Ms. Baroudi understands the challenges and complexities that immigrants face. Her personal connection to immigrant rights fuels her passion and commitment to achieving success for her clients.
Throughout her career, Lina has been recognized for her excellence in immigration law. She was listed in the California 2015-2020 Rising Stars List by Super Lawyers, an honor given to only 2.5 percent of attorneys in the state. Lina’s proficiency in the field is further evidenced by her role as a Law Clerk at the California Court of Appeal for the Sixth Appellate District, where she gained invaluable experience and knowledge. She also received the prestigious Witkin Award for Academic Excellence in Immigration Law during her time at Golden Gate University School of Law.