Immigration enforcement actions in the workplace can be stressful, confusing, and legally complex, not just for employees but also for HR professionals and business owners. One particularly challenging scenario is when an employee calls HR while being detained by Immigration and Customs Enforcement (ICE) agents off-site. Knowing how to respond calmly, professionally, and in compliance with the law can make a significant difference in protecting employee rights while ensuring that your company follows proper legal procedures.
How HR Should Respond to an Employee Detained by ICE
If an employee contacts HR while being detained, the most important thing to do is remain calm and provide guidance within legal boundaries. An appropriate response would be:
Response: “I understand that you are currently being detained. Please remember that you have the right to remain silent and to request legal counsel. Do not sign any documents or provide any statements until you have consulted with an attorney. If there is anything I can do to assist with legal resources, please let me know.”
This response immediately reassures the employee that they have legal protections and prevents them from making statements or signing documents that could negatively impact their case.
Key Actions HR Should Take
HR professionals should take the following immediate steps when an employee calls while being detained:
Remind the employee that they do not have to answer questions about their immigration status, country of origin, or legal documents.
Advise them not to sign anything unless an attorney has reviewed the document and provided guidance.
If applicable, refer the employee to a legal resource or immigration attorney that the company works with.
Document the situation carefully and notify company leadership and legal counsel for further direction.
Key Employee Rights to Emphasize in All Situations
Regardless of the circumstances, employees have specific rights that must be upheld during immigration enforcement actions. It is critical that both employees and HR professionals understand these rights:
Right to Remain Silent ā Employees do not have to answer ICEās questions about their immigration status.
Right to an Attorney ā Employees can request legal counsel before speaking or signing any documents.
Right to Refuse a Search Without a Warrant ā ICE cannot search personal belongings, phones, or private areas without a judicial warrant.
Right to Contact Family and Legal Representation ā Employees should be allowed to reach out for support.
How Employers Can Prepare in Advance
HR professionals should take proactive steps to ensure that employees are informed and that the company is prepared for situations involving ICE enforcement actions. Consider the following preventative measures:
- Provide “Know Your Rights” trainingĀ to employees, so they understand what to do if detained by ICE.
- Establish a legal resource contactĀ in case employees need immigration attorneys.
- Ensure leadership and managers are trainedĀ on how to handle ICE-related incidents professionally and legally.
- Create a company-wide policyĀ on how to handle ICE interactions andĀ communicate it clearlyĀ to all employees.
Balancing Compliance and Employee Support
While companies must remain compliant with federal laws, they also have a duty to support and protect their employees by ensuring they are treated fairly during enforcement actions. Having a well-prepared HR team and leadership can prevent unnecessary panic, legal complications, and potential violations of employee rights.
Join Our Free Webinar on Wednesday, February 26th!
Are you prepared to handle an ICE visit at your workplace? Do you know what legal rights employees have and how HR should respond? Join us on Wednesday, February 26th, for a FREE webinar where we will discuss employers’ and employees’ rights in situations involving I-9 audits, workplace raids, and immigration enforcement actions. This is a must-attend event for HR professionals, business owners, and managers who want to ensure legal compliance while protecting their workforce.
Register today and get the knowledge, strategies, and scripts you need to confidently handle these critical situations! Link to register below:
Elga Lejarza
Founder & CEO
HR.Community
Lejarza HR Solutions
HRGreenHouse.org
