Prepare Now for Possible Immigration Enforcement Actions

The anti-immigrant rhetoric we’re dealing with right now hasn’t changed in 100 years, but the way it has been weaponized has made communities, businesses, and families are afraid. Fear separates us at the time when we need each other, and one way to fight fear is preparation. From top to bottom, businesses need to make sure that management and employees know the parts they play in an immigration enforcement action.

Every employer has the obligation to complete I-9 forms to verify work authorization. Immigration and Customs Enforcement (ICE) enforces I-9 law for the Department of Homeland Security, and under their I-9 regulator authority, ICE can ask for copies of I-9s and other business records of any employer.

In the last Trump administration, we did see high levels of I-9 enforcement, and we anticipate more enforcement to come. The best defense in an I-9 audit is to have consistent and complete records. Now is the time to straighten up paperwork and make sure everything is in order. It is also a good time to make sure that everyone in your business knows what to do if ICE, or any law enforcement officer, shows up.

If ICE shows up for your I-9s, get in touch with a lawyer who does I-9 work. Don’t turn over everything they ask for without talking to an immigration lawyer. Sometimes, the requests are beyond what is authorized by regulation.

Unfortunately, we are worried about much more than paperwork. As a community, there is a palpable fear of arrests by ICE or large-scale enforcement actions, which are often called raids. Just like we all know where traffic cameras are and what to do if you get pulled over for speeding, we should all know our rights and what to do if we have to interact with law enforcement. We should also share that knowledge and make our community better.

ICE can enter the public areas of your establishment without a warrant, just like any member of the public. But, they cannot enter private areas without either a judicial warrant or your consent. A great practice is to clearly mark private areas, or areas for employees only. Another great practice is to say no. No, you can’t go in there. No, you can’t look around. We are New Orleanians and by nature we want to chat and be hospitable, but one thing you can do for your community is to make sure that everyone plays by the rules.

ICE officers can have an administrative warrant for an arrest of an individual or for your I-9 documents. That is not the same as a judicial warrant. They can’t detain an individual if they only have an administrative warrant, which is why it is important to ask to see a badge, ask for a name of the officer, and ask to see the warrant. You are not being troublesome or difficult; you are exercising your rights and fulfilling your responsibility as a community member.

It is important that you do not tell people to run or hide as that can be obstruction. Make sure your front staff or greeter knows not to let officers into private areas. “I cannot give you permission to do that. You have to talk to my boss. Wait right here.”

In this day and age, we also have an incredible tool in our pockets in our phones. If you see something, pull out your phone and record it. Pay attention to details. Is that a police car or an ICE vehicle? Misinformation creates confusion, and confusion makes their jobs easier.

Now is a great time for all of us to take a refresher class in our rights. Some great resources on what to do if you have contact with ICE or the police can be found at ImmigrantJustice.org and ACLU.org.  

If you or someone in your community is concerned about being the target of immigration enforcement, make a plan. Focus on practical, accomplishable tasks. A basic step is to memorize two phone numbers of people who can help if you are detained because if detained, your cell phone will be confiscated and you will not be able to look up a number.

Make sure those people at those numbers know they might have to answer a call from an unidentified number at a detention center. Make sure someone knows your details (full name, date of birth, country of birth) and the location of your documents.

Another basic step is to make a plan for your children and assets. If something happens, can someone else pick up the kids from school? My favorite resource for making a plan is at AppleseedNetwork.org. 

We need to help the people who help us. Free and low cost immigration services in our area are underfunded and overworked, and if you would like to support local efforts, ISLA offers direct services in our area. Home is Here NOLA supports arriving refugees and immigrants. Project Ishmael offers pro bono services to immigrant children.

Advocacy is a powerful tool. If activities in our community worry you or impact your business, let your local, state, and federal representatives know.