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employers in new jersey are mandated to safeguard the rights of immigrant workers
New Jersey Businesses Use a
Rights-Focused Response Protocol for ICE Raids at the Workplace
The current administration’s strict immigration enforcement policies have created new challenges for employers and their workforce, particularly due to the heightened risk of workplace visits by ICE agents. The unpredictable and disruptive nature of these “raids” means it is important for employers to prepare in advance by ensuring that their business is in compliance with current immigration law, and also by providing their employees with a written protocol that outlines how to respond when agents appear at the worksite.
These ICE response guidelines for businesses can vary from state to state, based on the individual state’s immigration laws. Notably, New Jersey distinguishes itself from many other states by taking a more protective, rights-focused approach to ICE raids and immigration enforcement at the workplace. New Jersey businesses follow a response protocol that is shaped by a strong commitment to limiting cooperation with federal immigration authorities and safeguarding the rights of immigrant workers.
Following are some guidelines to help New Jersey employers understand how they should respond to ICE visits at the workplace. They reflect both federal law and New Jersey-specific guidance, including protections under the Immigrant Trust Directive, state anti-discrimination laws, and best practices for employers:
1. Determine the Nature of the Visit. ICE can come in two main capacities:
With a Warrant or Subpoena: For inspection, arrest, or to search the premises.
Without a Warrant: To request records or access the premises voluntarily.
2. Ask for Identification and Documentation. Politely but firmly request:
- The agent’s identification and agency affiliation.
- A copy of any warrant, subpoena, or notice.
- Do not allow entry or turn over any documents until this is provided and reviewed.
3. Review the Document. Have legal counsel review the documentation immediately:
- Judicial Warrant (signed by a judge): Required for ICE to enter non-public areas or search/seize items.
- Administrative Subpoena or Warrant (Form I-9 Notice of Inspection): May authorize document inspection but not access to employee-only areas without consent.
- ICE Notice of Inspection (NOI): Gives the employer 3 business days to produce I-9 forms.
4. Restrict Access to Non-Public Areas:
- Unless ICE has a judicial warrant, do not permit access to employee-only or private areas of the workplace.
- You have the legal right to deny entry without a warrant.
- Public areas may be accessed without a warrant.
5. Notify Legal Counsel Immediately:
- Have an immigration or employment attorney on-call for such incidents.
- Do not make any statements or sign any documents without legal review.
- Do not consent to a search unless legally required.
6. Avoid Discriminatory or Retaliatory Conduct:
- Follow NJ Law Against Discrimination and federal laws.
- Do not question employees about their immigration status.
- Do not fire or discipline workers solely based on ICE inquiries or assumptions.
- Protect employees from harassment or intimidation.
7. Follow NJ State Protections:
- Under New Jersey’s Immigrant Trust Directive, local law enforcement cannot assist ICE in civil immigration enforcement.
- Employers should not volunteer information or access unless required by law.
8. Train Staff and Have a Plan:
- Designate a point person for ICE encounters.
- Train supervisors and reception staff on how to respond.
- Maintain an Immigration Enforcement Response Policy in writing.
9. Communicate with Employees Carefully After an ICE Visit:
Provide general updates to employees without violating privacy rights.
Reassure employees of their rights and protections under state and federal law.
10. Document Everything and Keep Records of:
The ICE agent’s name and badge number.
A copy of any warrant or documentation.
Notes on what happened during the visit
It is important for companies to practice these response protocols with employees and staff to ensure readiness for possible ICE visits. Conducting response protocol drills can ensure that employees, staff, and employer’s designated ICE POC (Point of Contact) are fully prepared in the event of an ICE raid.
If you would like some assistance preparing a written ICE Response Protocol for your business, or have questions relating to the guidelines above, please call our office at (908) 738-8500.