Immigration Enforcement – Legal Background and Protocols for Responding to ICE in the Workplace

Blog by Lisa vanKrieken, Law Offices of Folger Levin

In short: ICE or other agents should not be granted access to enter non-public areas without a judicial warrant.

Additionally, California law makes it unlawful for an employer to voluntarily consent to ICE entering a non-public area.

This means California employers legally may not voluntarily consent to ICE to enter private areas (without a judicial warrant).

On January 21, 2025, the Acting U.S. Deputy Attorney General issued a memorandum to the Department of Justice instructing increased prosecution of immigration-related violations and both civil and criminal actions against state and local “actors” who fail to follow the President’s orders on immigration enforcement. The memorandum also threatens to challenge state laws that limit cooperation with federal immigration enforcement. See Interim Policy Changes Regarding Charging, Sentencing, And Immigration Enforcement (U.S. Dep’t of Justice, January 21, 2025).

These changes in policy will likely be the subject of legal challenges. However, in the meantime, this NewsFlash provides (1) information on California law concerning employers’ cooperation with immigration enforcement actions; (2) protocols for managers and employees to respond to immigration enforcement actions; and (3) resources for employees and their families who have concerns about immigration issues. Of course, with the rapidly changing policies on immigration enforcement under the new presidential administration, employers should seek legal advice and update its protocols if legal standards change in the future.

I.   California Law

California Government Code Section 7285 et seq. prohibits employers from voluntarily consenting to an immigration enforcement agent entering any nonpublic areas of a workplace. See California Government Code Section 7285.1. The law also prohibits employers from providing voluntary consent to “an immigration enforcement agent to access, review, or obtain the employer’s employee records without a subpoena or judicial warrant.” Id. at Section 7285.2. Thus, you should not assist in immigration enforcement activities. At the same time, California law does not relieve an employer from complying with legal requirements to provide immigration authorities access to certain information; it simply prohibits employers from providing information where doing so is not required by law. For example, an employer is still required to respond to a properly issued “Notice of Inspection” for I-9 Employment Eligibility Verification forms and also to provide access to facilities required under judicial warrants.

As noted above, the Acting Deputy Attorney General announced that he would seek to overturn state laws and prosecute state representatives who do not enforce the administration’s directives, stating:

Finally, laws and actions that threaten to impede Executive Branch immigration initiatives, including by prohibiting disclosures of information to federal authorities engaged in immigration-enforcement activities, threaten public safety and national security. The Civil Division shall work with the newly established Sanctuary Cities

Enforcement Working Group, within the Office of the Associate Attorney General, to identify state and local laws, policies, and activities that are inconsistent with Executive Branch immigration initiatives and, where appropriate, to take legal action to challenge such laws.

Interim Policy Changes Regarding Charging, Sentencing, And Immigration Enforcement (U.S. Dep’t of Justice, January 21, 2025).

Nevertheless, unless and until the California law on cooperation with immigration authorities is overturned, California employers are required to comply with the California law. Even if the California law is overturned, employers may still rely on the U.S. Constitution’s protections against illegal searches and seizures.

II.   Protocols and Resources

Attached as Exhibits A and B are sample protocols for front desk/reception employees and managers on how to respond to immigration enforcement agents seeking entry to an employer’s property. We recommend that employers develop similar protocols, provide training to front desk/reception staff and/or security on these protocols, and review them as federal policies change. Employers also should remind front-line employees that it is not their job or appropriate to inquire as to anyone’s immigration status.

Attached as Exhibit C is a one-page review of resources that employers may make available to employees and their families concerned about immigration enforcement actions (many of which are based in San Francisco). When providing resources to employees, we recommend that you either make the resources available to all employees, or only to employees who ask for them. This avoids any concerns about discrimination or identifying an individual as a potential target.

Exhibit A: Sample Protocols for Front Desk/Reception Staff

Steps for Front Desk/Reception Staff Should Immigration Enforcement Representatives Seek Entry to the Premises

(Note that the following procedures may not apply where law enforcement seeks access to the employer in the case of an emergency involving imminent threat of harm, including intruders, fire, threats, or campus unrest. In such cases, promptly follow law enforcement instruction.)

If an individual says they are police, law enforcement, or immigration enforcement and approach you seeking access to the property:

• Ask the individual(s) for identification and for the purpose of their visit. Unless they have an appointment with someone at the employer, tell them the following: “Our property is not public [or, “not all of our property is public”], and I am not authorized to let you into non-public areas. I have to call someone else to authorize this. Please ”
  • If the agent or officer states that they have authority to come on property, politely but firmly repeat yourself: “Our property is not public [or, “not all of our property is public”], and I am not authorized to let you into non-public areas. I will call someone else to authorize this. I need you to wait.”
  • If the agent or officer asks who is authorized to grant them access, you should notify them that only [insert position title] or their designated staff may grant access to the
• If possible, have someone wait with the agent or officer while you call a The managers’ phone numbers are:
  • [List positions and include cell phones for texting]
• If the agent or officer asks whether a particular individual is an employee at the employer or whether they are present on property, you should not provide this information and instead respond with “I am not authorized to disclose that information, but I will contact a Manager who can assist you.”
• If the agent or officer asks you to send an employee to that area or outside to meet them, you may respond with “I am not authorized to direct individuals to do that, but I will contact a Manager who can assist you.”
• Be aware that agents and officers are not always truthful in their
• When you are able, make a written record of your interaction by writing down what you remember about the encounter.
  • Please note the time of the agents’ arrival how many agents there were, whether they were in plain clothes or uniforms, and what identification they showed Be sure to memorialize whether they listened to your instructions to wait. If you can remember, also include what they said to you upon their arrival on property. Use good judgment in adding other details.
• *Note: It is not your job or appropriate to ask any employee their immigration

Exhibit B: Sample Protocols for Managers

Steps for Managers Should Immigration Enforcement Representatives Seek Entry to Property

If you are a Manager and you become aware of law enforcement or immigration authorities on the premises or attempting to gain access to the premises, stay calm. While the agent or officer may convey a sense of urgency, you have the right to gather relevant information before granting someone access to the premises.

• Contact the employer’s attorneys right away or have another Manager do so while you go to meet the officers or agents. [Identify positions] will have contact information for the employer’s attorneys.
• It is important not to invite the officers onto any non-public areas of the property until you have determined whether they have a judicial warrant. Thus, you should meet them where they are rather than inviting them further into the premises. Have another employee accompany you to take notes if possible.
• Ask for the officers’ card. If they do not have a card, then ask for their names, badge numbers, and which law enforcement entity they are Write down the information. If the agents refuse to share this information, note that.
• If the officers reply that they are “police,” you can ask whether they are from the Department of Homeland Security or ICE. You can also ask whether this is an immigration enforcement action.

• Be aware that agents and officers are not always truthful in their .
• Ask for a copy of a judicial warrant. Note that judicial warrants are different than administrative warrants.
  • By California law, no employer may allow an immigration enforcement agent into the non-public areas of a workplace without a valid judicial warrant. A valid judicial warrant must show the correct address for the place to be searched, the time of day for the search, and which areas and items may be searched.¹ A valid judicial warrant will also be signed by a judge and dated. It will say “U.S. District Court” or the name of a California state court at the top of the page.
  • By contrast, an administrative warrant or a warrant for deportation or removal are insufficient to grant access to the non-public areas of a workplace. Administrative warrants are not signed by judges, and they often say “Department of Homeland Security” at the top. Administrative warrants are usually on Form I-200 or Form I-205, so look for those numbers in the four corners of the paper (most often on the bottom right). This type of warrant has not been reviewed by a court and an administrative warrant is not legally adequate to permit access to any non- public area of the premises. (Examples of both types of these warrants follow.
•  Note that this may be places to search, persons to be searched, or records to be searched (most likely I-9 records).
• Advise the agents that you want the employer’s attorney to review the
• If agents move forward with conducting a search prior to you reaching the employer’s attorney, do not block their access.

If agents have a valid judicial warrant and move forward with a search:

• Monitor and take notes on ICE’s
• Monitor the search to ensure that it stays within the scope of the warrant—for example, if the warrant says that the agents or officers may search the second floor, then they should not be allowed access the third floor without your consent.
• You should take notes during the search.² Your notes should include the date, the name of the agents, the badge numbers of the agents, and where on the premises the agents went. You may include whether they wore plain clothes or uniforms, whether they were armed, whether they took any items, and any other details you can recall.
• You may want to designate multiple Managers to take notes on searches in case multiple agents are present and if they complete searches in different areas of the premises at the same time.
• Do not interfere with law enforcement’s investigation as you monitor, take notes, or
• If anybody is arrested or detained, ask for information about where they will
  • While the agents or officers are not obligated to tell you where an arrestee or detainee will be brought, you may request information regarding the name, location, and phone number of the facility or facilities where the person may be held.
  • If anybody is arrested or detained, notify their emergency contacts as soon as
  • Be familiar with which employees are bilingual in case family members of those arrested or detained do not speak If you were able to obtain information from the agents or officers about the facility where the person will be held, share that with the family.
• Note: It is not your job or appropriate to ask any employee their immigration

Note: While you are permitted to videotape as long as you do not interfere with the investigation, it may escalate the situation and be unproductive.

1.   The Immigrant Legal Resource Center has a Step-by-Step Family Preparedness Plan (ilrc.org/resources/step-step-family-preparedness-plan), a “Know Your Rights” toolkit (ilrc.org/resources/community/know-your-rights-toolkit), and printable cards (known as “Red Cards”) that individuals can show to an ICE officer to exercise their right to remain silent or request an attorney in the event of an enforcement action (ilrc.org/red-cards). Red Cards are also available in Spanish, Tagalog, Vietnamese, French, Korean, Punjabi, Chinese, Arabic, and more.

2. The American Civil Liberties Union (ACLU) website explains what to do in various scenarios, including what an individual should do when asked about immigration status and or when stopped by police. That website is https://www.aclu.org/know- your-rights/immigrants-rights.

3.    SIREN, located in San Jose, provides free “removal defense” consultations for low- income immigrants and refugees. Their website is www.sirenimmigrantrights.org.

4. Santa Clara County also has a page dedicated to immigrant services and resources. It explains how to access public benefits like food and health care, how to find a pathway to citizenship, and more. Find it at https://desj.santaclaracounty.gov/oir/resources.
5. La Raza Centro Legal in San Francisco (474 Valencia Street, San Francisco, CA 94103, (415) 575-3500), https://www.lrcl.org/ has Spanish-speaking services available, and a “Know Your Rights”.
6. Asian Law Caucus in San Francisco (55 Columbus Avenue, San Francisco, CA 94111, (415) 896-1701), https://www.asianlawcaucus.org specializes in Asian and Pacific Islander community support, and a “Know Your Rights” page at https://www.asianlawcaucus.org/news-resources/guides-reports/know-your-rights- guide-for-immigrant-communities-in-2025 .

7.    If someone has been deported or detained, their friends or family can call the Santa Clara County Rapid Response Network’s 24-hour hotline at 408-290-1144. This service can                         mobilize community support and provide emergency legal assistance to detainees and their family members.

8. Legal Aid at Work has a Fact Sheet that may be helpful to It can be found at https://legalaidatwork.org/factsheet/workplace-raids-workers-rights/.