Know Your Rights: What to Do if ICE Shows Up at Your Construction Job Site

The presence of immigration enforcement can be a stressful and confusing experience, especially when it occurs at your workplace. For many in the construction industry, the fear of an ICE (Immigration and Customs Enforcement) raid is a real concern. Knowing your rights and how to act can make a significant difference.

This blog post outlines key information about your rights if ICE shows up at your construction job site. Remember, this information is for general guidance and not legal advice. If you are facing an immigration issue, it is crucial to consult with a qualified immigration attorney.

Understanding ICE's Authority (and Limitations)

ICE agents do have the authority to conduct enforcement actions. However, they must operate within the bounds of the law. This means they cannot simply enter and search a workplace without proper legal authorization.

Key things to remember:

* Warrants are crucial: ICE agents need a warrant signed by a judge to enter private property, including a construction site, to search for individuals. There are two main types of warrants:

* Search Warrant: This allows ICE to search a specific location for specific individuals or evidence. It will specify the address and the scope of the search.

* Administrative Warrant (or Warrant of Removal/Deportation): This allows ICE to arrest a specific individual. It does not give them the right to search the entire premises or arrest everyone present.

* Employer Consent: In some cases, ICE might seek permission from the employer or site manager to enter the property. If the employer grants consent, ICE may enter without a warrant. However, individual employees still have rights.

Your Rights as an Individual

Even if ICE is lawfully on the premises, you still have fundamental rights:

* You Have the Right to Remain Silent: You are not required to answer any questions from ICE agents. You can say, "I choose to remain silent." Anything you say can be used against you.

* Do Not Open the Door (Without a Warrant): If agents are at an entrance and do not have a warrant, you are not obligated to open the door. If they claim to have a warrant, ask them to slide it under the door or hold it up to a window so you can review it.

* Demand to See a Warrant: If agents claim to have a warrant, demand to see it.

* Examine the Warrant Carefully: Check that it is signed by a judge, has your correct name (if it's an arrest warrant for you), and specifies the correct address of the job site.

* A "Warrant of Removal" or "Administrative Warrant" is NOT a search warrant. It does not give ICE the right to search the premises without your employer's consent or a separate judicial search warrant.

* Do NOT Resist or Obstruct: While you have the right to remain silent and not consent to searches, do not physically resist or obstruct agents. This can lead to additional charges.

* Do NOT Lie: Providing false information to a federal agent can have serious consequences.

* You Have the Right to Speak with an Attorney: If you are detained or arrested, state clearly, "I want to speak with an attorney." Do not sign anything without consulting with an attorney.

* Do Not Sign Anything You Don't Understand: Be very careful about signing any documents presented by ICE. You could be waiving important rights or agreeing to voluntary departure.

* Document Everything (Safely): If possible and safe to do so, try to remember details:

* The number of agents present.

* Their vehicle descriptions.

* What they said and did.

* Any names or badge numbers you can recall.

* If others are present, encourage them to document as well.

What to Do if You Are Detained or Arrested

If ICE agents detain or arrest you:

* Stay Calm: Take a deep breath.

* Do Not Resist: Cooperate physically, but continue to assert your rights.

* Clearly State You Want an Attorney: Repeat, "I want to speak with an attorney."

* Do Not Answer Questions: Other than your name, you are not required to provide any information.

* Do Not Sign Anything: Without legal counsel.

For Employers and Site Managers

Employers also have rights and responsibilities. It is advisable for construction companies to:

* Develop a Protocol: Have a clear plan for how to respond if ICE arrives.

* Train Staff: Educate managers and employees about their rights and the company's protocol.

* Consult Legal Counsel: Seek legal advice on compliance with immigration laws and how to respond to enforcement actions.

Staying Informed

Immigration laws and enforcement policies can change. It is vital to stay informed through reputable legal aid organizations and immigration attorneys.

Knowing your rights empowers you and helps ensure that you are treated fairly under the law. Share this information with your colleagues to help create a more informed and prepared community.