We are sharing this information to help employers prepare for U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection visits in the workplace. The following information has been provided by and is designed to help farm employers understand immigration protocols.
During an ICE Visit
Handling ICE Entry:
- Verify the identity of ICE agents by requesting credentials and recording their badge numbers and names.
- Politely request and review a copy of any warrants or subpoenas and review them carefully for validity and scope. ICE agents cannot search without a judicial warrant signed by a judge.
- Monitoring: Designate a representative to observe and document ICE’s activities during the audit. Maintain a cooperative demeanor and avoid any obstructive or confrontational behavior, as it may lead to additional legal consequences.
- Concealment: Instruct supervisors not to hide employees, destroy documents, or provide false or misleading information to ICE agents. Employees may choose to speak with ICE but are not required to do so without legal representation.
- Documentation: Keep a detailed log of any documents, items, or information taken by ICE agents and immediately share that information with legal counsel.
Rights and Responsibilities:
- Remind employees they are not obligated to answer questions or sign documents without consulting legal counsel.
- Accompany ICE agents during any authorized searches and take detailed notes of the interactions, including inventorying seized items.
Restricting Access:
- Only provide access to records or premises specified in the warrant or subpoena. Deny any voluntary consent to additional searches.
Legal Representation:
- Contact your designated legal counsel immediately to manage interactions with ICE agents. Employees also have the right to contact their lawyers.
Additionally, the UC Davis Western Center for Agricultural Health and Safety has published easy-to-share safety messages. You can find them here: https://aghealth.ucdavis.edu/safety-messages
