What to Do If ICE Comes to Your Business: A Guide for California Employers
If Immigration and Customs Enforcement (ICE) comes to your workplace, it's critical to know your legal obligations and how to protect your employees. California law provides strong protections for workers, and as a business owner, you have rights too.
1. ICE Needs a Warrant to Enter Private Business Areas
Under California Assembly Bill 450 (AB 450), also known as the Immigrant Worker Protection Act:
ICE cannot enter non-public areas of your business without a judicial warrant signed by a judge.
If ICE presents an administrative warrant (Form I-200 or I-205), this is NOT enough to enter your business. You are legally allowed to deny access.
What to do:
✔️ Politely ask to see a warrant.
✔️ If they do not have a judicial warrant, do not consent to entry.
✔️ Inform employees they are not required to speak to ICE without a lawyer.
2. What You Must Provide
If ICE issues a Notice of Inspection for your I-9 employment records:
You have 72 hours to provide the requested documents.
You must post a notice to employees informing them of the audit (per AB 450).
Employees have the right to representation and must be informed of any ICE findings.
3. What You Cannot Do
🚫 Do NOT obstruct an ICE investigation – refusing to provide records when legally required could lead to fines or penalties.
🚫 Do NOT allow discrimination – employers cannot target or fire employees based on their immigration status or perceived nationality.
🚫 Do NOT retaliate against employees who exercise their rights under California labor laws.
4. Employee Rights During an ICE Visit
Employees do not have to:
Speak to ICE agents.
Answer questions about their immigration status.
Show any documents unless required by law.
Employees should:
✔️ Ask if they are free to leave.
✔️ Request a lawyer before answering questions.
✔️ Remain silent if they choose.
5. Protect Your Business & Workers
✅ Train managers and employees on workplace rights.
✅ Have a plan in place in case of an ICE visit.
✅ Post “Know Your Rights” information in employee areas.
✅ Consult with an immigration attorney if you receive a request from ICE.
Final Thoughts
California law protects workers from unlawful ICE enforcement. As a business owner, understanding your rights and responsibilities ensures compliance while protecting those at risk of unjust detention.
💡 Need help? Contact a trusted immigration attorney today.
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