ICE agents are setting their sights on L.A. What employers need to know
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Over the weekend, U.S. Immigration and Customs Enforcement officials knocked on the doors of a handful of Los Angeles-area homes. And last month, U.S. Border Patrol agents conducted a three-day raid in rural parts of Kern County targeting Latino farmworkers and day laborers soliciting work in the parking lots of big-box stores.
These actions serve as a reminder that ICE and other immigration officials can show up with little or no warning at homes, businesses or in public places.
And given the Trump administration’s stated desire to ratchet up immigration enforcement and deportations, advocacy groups for workplace and immigrant rights say it’s vital for business owners to prepare themselves and their employees for any potential visits from ICE.
“The best way to counteract feeling overwhelmed is to be prepared,” said Giuliana Gabriel, vice president of human resources at the California Employers Assn.
Advocates on the scene said the Border Patrol raid in Kern County last month indiscriminately targeted Latino farmworkers commuting from the fields and day laborers soliciting work in the parking lots of big box stores.
Why might immigration authorities show up?
Among the reasons immigration authorities may visit a workplace include a Form I-9 audit, a raid, or to detain a specific person. Employers might be notified of a visit, or it could happen without warning.
Having such officials at a work site can feel overwhelming because employees might be “unsure of their rights, the purpose of the search, or what might happen next,” Gabriel said.
Employers, she added, should consider creating a response plan for their managers to follow in the event of an ICE visit.
“Some employers may choose to conduct ‘ICE Drills’ — similar to fire drills — for staff to gauge preparedness and help employees keep calm in the event of a real visit,” she said.
By midafternoon, it appeared that the operation — if indeed one had been launched — had not been anywhere near as widespread as many had predicted.
What is a Form I-9 audit?
Federal law requires every employee on a payroll to have a Form I-9 on file. Those documents prove an employee is authorized to work in the U.S., according to the California Employers Assn.
To comply with the law:
- The form must be completed within three days of the employee’s hiring date.
- A completed form must be on file for three years after a person is hired, or one year after the worker’s last day of employment, whichever is later, according to the National Employment Law Project.
“We recommend having strong hiring and onboarding practices to ensure your employee files are as complete and correct as possible,” Gabriel said. “It is also a best practice to conduct periodic audits of I-9 records to identify and correct any discrepancies before ICE shows up.”
ICE or Homeland Security Investigations have the latitude to decide whether to audit Form I-9s.
ACLU attorneys filed a lawsuit Wednesday alleging the Border Patrol’s January raid in Kern County indiscriminately targeted Latino laborers and that the immigrants detained were coerced into signing voluntary deportation agreements.
What are your next steps if an audit is started?
Businesses will be issued a notice of inspection giving them three days to provide records, according to Legal Aid at Work, a workplace rights advocacy group. Employers must also post a notice for employees within 72 hours of receiving it — and it should be in the language or languages usually used to communicate with staff.
The posted notice for employers must include:
- The name of the immigration agency conducting the audit;
- The date the employer received the notice of inspection;
- What documents will be inspected;
- A copy of the notice of inspection.
If immigration officials identify an employee as potentially lacking proper work authorization, or having deficiencies in their documentation, businesses will be notified and must provide the employee a copy of the findings within 72 hours.
Employers who operate in a union environment also must provide a copy of these notices to the employee’s representatives within that same time frame, according to the California Employers Assn.
According to the National Employment Law Project and the National Immigration Law Center, “If ICE decides you did not follow the Form I-9 rules” businesses may be ordered to stop hiring people who do not have valid work permits, and could face civil and criminal fines or other penalties.
Immigrant rights groups raise alarms over plan to make all immigrants who do not have legal status, including children, provide personal information and fingerprints.
What’s an ICE raid?
A raid is when ICE agents arrive at a work site without warning the employer. They can be accompanied by other agencies or appear in large numbers, according to the California Employers Assn.
Can ICE go to a worksite to detain a specific person?
ICE agents can go to a business to try to find a particular person, or people, according to the National Immigration Law Center.
A coalition of immigrant activists calling itself ‘the Community Self-Defense Coalition’ says it will alert the community to ICE agents.
How can you prepare for a workplace ICE visit?
The California Employers Assn. recommends creating a four-step response plan that should address the following:
- Who needs to be alerted if ICE shows up or a notice is received?
- Who is authorized to speak to law enforcement agents on behalf of the company?
- What information can be gathered from the agents?
- Is there a designated place for agents to wait?
Who should be alerted: Alerting management and employee/union representatives within an organization can help reduce workplace disruption and keep employees calm, Gabriel said.
“Rumors and misinformation tend to create panic amongst a workforce and some employees may even try to flee or confront agents,” she said. “Running could give the agents reason to detain or arrest someone, so having an employee representative or member of management to maintain order and keep employees calm is advisable.”
Legal counsel should immediately be notified when ICE shows up because they can help “protect your organization and your employees from agents overstepping their boundaries or taking liberties as far as what they are authorized to do at your workplace,” she added.
Anyone can meet with an immigration expert, by phone or in person, at half a dozen Los Angeles Public Library locations from Wilmington to Pacoima, through a long-running, city-funded program called the New Americans Initiative.
Authorized speakers: Examples of people who can be designated to speak with agents include the business owner or a member of the management team, such as a general manager or human resources representative.
“Ideally it would be someone familiar with your response plan, if you have one, and authorized to speak on behalf of the company,” Gabriel said.
The identified person or people should be able to communicate confidently, clearly and remain composed “while protecting the privacy of your organization and its employees,” she said.
Gathering ICE agent information: You have the right to ask immigration officials which agency they represent as well as for their names, badge numbers and business cards.
“There have been reports of citizens impersonating ICE agents to target, detain and harass others,” Gabriel said.
Designated waiting area: Find a conference room or office where agents can wait. This can limit workplace disruptions.
Maksim Zaitsev, 35, of Costa Mesa allegedly bit a deportation officer on the left pinky finger, breaking skin, drawing blood and breaking the finger.
What to do when ICE show ups
Businesses should enact their response plan immediately when immigration officials arrive.
Before ICE agents can enter private areas of your business (public areas are parking lots or lobbies) they must present a valid warrant to conduct their search.
A valid warrant must be:
- Issued by a court;
- Have the correct name and address of the person being seized;
- Signed by a judge or magistrate judge.
Businesses should ensure that employees know their rights and that they should refrain from engaging with ICE officials, according to the National Employment Law Project. If ICE agents have questions or requests, workers should not respond and instead direct the officials to speak with their employer.
