Grassroots

The Voice of New York Farm Bureau

July 2007

Immigration & Customs Enforcement at Your Workplace

Mid American Ag and Hort Services has received reports of immigration enforcement. The following information should be helpful for employers to know their rights.

The Immigration and Customs Enforcement (ICE) Bureau is the interior investigative and enforcement agency within the Department of Homeland Security. One of the responsibilities of this agency is to ensure the departure of illegal aliens from the United States through the fair enforcement of the nation’s immigration laws. There are three ways that ICE may contact you:

An I-9 audit. This is the most common way for an investigation to begin. If you are advised that ICE wishes to audit your records, you should ask for three days to prepare for the audit. It is advisable to contact a qualified attorney to assist you with this preparation.

Arrest warrant. An agent may have a warrant to arrest a person who is in the U.S. illegally and has committed a felony. In this case, you should discreetly cooperate with the agent with as little fanfare as possible. If ICE believes the person is armed and dangerous, he/she may enter your property without seeking permission or even notifying you.

Search warrant. ICE or another federal or state agency may obtain an administrative search warrant based on probable cause of illegal activity. You should obtain a business card and a copy of the warrant, read the warrant, and allow the agency or person specified in the warrant to conduct the actions specified. Do not allow agents from other agencies to enter the property, unless they have their own warrant. Get the business card of every person who enters your property. As soon as you have read the warrant, contact your attorney.

Re-printed with permission from Ohio Farm Bureau. This is not legal advice, please consult an attorney for specific information.

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