With the increase of raids conducted by the U.S. Immigration and Customs Enforcement (ICE) throughout the country, California employers must be prepared in case ICE conducts a raid at their workplace. Under AB 450 (the Immigrant Worker Protection Act), employers are forbidden from cooperating with ICE regarding unexpected search and seizures, and from voluntarily allowing ICE agents access to non-public areas or employee records without a judicial warrant or subpoena. If ICE arrives, employers should calmly ask for legal documentation before granting access and immediately contact legal counsel to ensure compliance with state and federal laws.
Employers should also train managers and staff on how to respond to ICE enforcement actions. This includes designating a point person to handle interactions with ICE agents, instructing employees not to panic or provide information without legal representation, and ensuring that all employment verification records (such as I-9 forms) are up to date. Companies should avoid discriminatory practices, as targeting employees based on immigration status can lead to lawsuits under California labor laws.
If ICE agents present a valid warrant, employers must comply but should carefully review the document first. A judicial warrant (signed by a judge) grants ICE access to specific areas or records, while an administrative warrant (issued by ICE itself) does not provide automatic entry into non-public areas. Employers should clarify the scope of the warrant and limit access to only what is legally required, preventing unnecessary disruptions and potential liability.
After an ICE raid, businesses should provide affected employees with legal resources and support. Under California law, employers are prohibited from re-verifying employment eligibility beyond what is required by federal law. Employers should document the incident, communicate with employees about their rights, and consult an attorney to navigate any legal consequences. By proactively establishing policies and educating their workforce, California employers can protect their employees’ rights while ensuring compliance with the law.
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