Community Education Resources: Workers' Rights

In California, immigration officers may not enter any part of the workplace that is not open to the public unless they have a judicial warrant. A warrant is a document issued by a court, signed by a judge.

Sometimes, ICE claims that a document signed by a deportation officer instead of a judge is a warrant. This document does not authorize them to enter a workplace without permission.

In other states, employers can–and should–still insist on a judicial warrant, rather than voluntarily giving entry permission to ICE.

If ICE does enter your workplace:

• Stay calm and don’t run.
• Call your local rapid response network.
• Remain silent. You do not need to say anything, including your name.
• Do not sign anything.
• Do not consent to being searched.
• Consult an attorney before answering questions.
• Do not follow ICE to their office voluntarily or take ICE to your house, including to get your ID.
• If ICE presents a warrant for your arrest, check that your name is on it and that it is spelled correctly.

For more information, please see Know Your Rights in the Face of Immigration Enforcement from United We Dream.

Immigration officers may audit an employer’s I-9 forms to confirm that its employees have work authorization. I-9 audits often happen by mail, but immigration officers may also come to the workplace. Immigration officials must issue a Notice of Inspection at least 72 hours before the audit.

In California, employers must provide employees with written notice when they receive a Notice of Inspection. This written notice 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

Federal immigration officials may NOT enter private or employee-only areas without a judicial warrant or the employer’s permission. California law prohibits employers from giving permission for ICE to enter these areas without a judicial warrant.

If an immigration officer has come to your workplace to conduct an audit, workers have the right to:

• Remain silent
• Refuse to sign documents
• Speak to an attorney before answering any questions

Your worker rights during an immigration audit:

• Employers may not use an I-9 audit as an excuse to discriminate against, retaliate against, or intimidate employees.
  Employers may not fire an employee identified in an I-9 audit or end their position unless the employee has been given reasonable time to correct any problems and still cannot demonstrate legal work authorization.
• Even if the termination is legal, employers must pay the employee for all hours worked.

If you are in a union, contact your union steward right away.

If immigration officials identify problems with an employee’s I-9 form, California law requires the employer to provide written notice (examples in English, Español, Tagalog, 简体中文, Tiếng Việt, 한국어) to that employee including:

• The problems in the employer records identified by immigration
• How much time will be given to the employee to fix those problems
• The time and date of any meeting with the employer and immigration officials to make corrections
• That the employee has the right to have an attorney or other third party (e.g., another worker or a union representative) present during any meeting scheduled with the employer.

If immigration officials identify problems with your I-9 form, you have the right to present documentation of your choice to establish your authorization to work. However, false documentation should never be presented.

For more information, please see Things You Should Know About Proving Your Work Status to Your Employer: I-9 Audits and Document Abuse from Legal Aid at Work.

All California workers, regardless of immigration status, have the same labor and employment protections. Immigration-based retaliation is illegal.

Retaliation can look like:

• Threatening to report you or your family members or friends to ICE
• Demanding new proof of work authorization
• Reducing your work hours

It is unlawful for your employer to retaliate against you for exercising your rights, including:

• Asserting your rights at work like timely pay or paid sick leave
• Filing a labor complaint to a public agency or in court
• Talking to your coworkers about workplace concerns

If you think you have experienced retaliation, seek legal help by calling the Asian Law Caucus at 415-896-1701.