Fear of deportation can hang over the heads of immigrants, particularly undocumented immigrants, in many different places. This includes the workplace.
A recent state bill aims to put some new workplace protections in place for immigrants here in California. The bill would add some requirements for employers in the state when it comes to federal immigration actions. Among the things employers would have to do under the bill are:
- Do not share confidential worker information unless a subpoena has been issued.
- Not allow U.S. Immigration and Customs Enforcement (ICE) agents into their workplace without first asking for a warrant.
- Inform the Labor Commissioner in the state of workplace raids.
California vs. Federal Immigration Enforcement
California is one of the strongest sanctuary states in the U.S., which means its legal framework is designed to protect the privacy and dignity of all workers, regardless of immigration status. The California Values Act and related legislation like Assembly Bill 450 (AB 450) aim to prevent unjust collaboration between state institutions and federal immigration enforcement agencies.
This bill extends that principle directly into the workplace. For immigrant workers, documented or undocumented, this legal armor means employers are not allowed to act as proxies for ICE.
Key Legal Entities and Their Roles
1. U.S. Immigration and Customs Enforcement (ICE)
ICE often conducts workplace inspections or raids, sometimes with administrative subpoenas or verbal authority. However, under California law, only judicial warrants signed by a judge permit them to enter non-public areas of a workplace.
2. Labor Commissioner of California
- Jurisdiction: Enforces labor laws across California workplaces.
- Responsibility: Must be notified by employers about any immigration enforcement actions or workplace raids.
- Function: Ensures retaliation protection for workers and investigates complaints of labor law violations.
The Labor Commissioner acts as a protective intermediary between employees and potentially unlawful employer practices under immigration pressure.
3. AB 450 – Immigrant Worker Protection Act
- Year Passed: 2017
- Purpose: Prevents unauthorized cooperation between employers and federal immigration agencies.
- Requirements:
- Demand judicial warrants before permitting ICE entry.
- Provide workers with 72 hours’ notice before a federal inspection.
- Maintain confidentiality unless subpoenaed.
What This Bill Could Mean for Immigrant Workers
In today’s environment, there can be some uncertainty when it comes to how federal, state, and local officials and bodies will end up acting when it comes to immigration matters, including immigration matters related to the workplace. Amid such uncertainty, there can be a wide variety of different incidents at a workplace in which concerns and questions related to immigration matters, including deportation concerns, could come up for immigrant workers here in California.
Such workers may want to take these questions and concerns to an experienced immigration lawyer.
Such lawyers can help such workers understand their legal and immigration situation in the wake of the workplace incident. They can also provide immigrant workers with information and guidance on their options and rights if deportation proceedings do end up being initiated.
How Immigration Attorneys Help: Beyond Raids
Legal experts do more than respond to crises. Attorneys also help:
- Apply for U-Visas or T-Visas for workers exploited or abused in the workplace.
- File whistleblower complaints if an employer collaborates illegally with ICE.
- Advocate in deportation defense hearings, presenting humanitarian or legal defenses.
- Assist with labor complaints, such as wage theft or unsafe working conditions.
Legal consultation empowers workers to assert their rights proactively, not just reactively.
What to Do If ICE Arrives at Your Job
Navigating a workplace raid or encounter with ICE can be terrifying. Here is a detailed response plan:
- Stay calm. Do not run or resist. Any sudden action may be misinterpreted.
- Do not speak voluntarily. You have the right to remain silent.
- Request to see a warrant. ICE must provide a judicial warrant, not an administrative one.
- Document the event. Write down badge numbers, ask for identification, and note what is being searched or requested.
- Do not sign any documents. You are not obligated to sign anything without legal counsel.
- Call an attorney. Immediate legal intervention can prevent unlawful detention or deportation.
Rights Regardless of Status
California law recognizes that the health of its labor economy depends on fair and just working conditions for all workers, regardless of documentation. As such:
- Undocumented workers can file wage claims, report harassment, and access workplace safety protections.
- Retaliation for asserting rights, including threats of deportation, is illegal.
- Cal/OSHA laws apply to everyone, with no immigration status filters.
If you experience retaliation or discrimination, legal pathways exist, especially when backed by documentation and a knowledgeable attorney.
FAQs
Can I be deported just for being present at a raid?
Being present isn’t a deportable offense. However, if ICE detains and identifies you, they may initiate proceedings if no lawful status is found.
What is the difference between a judicial and administrative warrant?
A judicial warrant is signed by a judge and authorizes entry into private areas. An administrative warrant is not enough under California law.
Can I apply for a U-Visa if my employer violated labor laws?
Yes. If you were a victim of a qualifying crime (e.g., coercion, threats), and you cooperate with law enforcement, you may be eligible.
Can my employer fire me for not speaking to ICE?
No. California law protects workers from this kind of coercion or retaliation.
Legal Glossary
| Term | Explanation |
|---|---|
| Warrant | Legal authorization signed by a judge, required for ICE to enter private workplace areas. |
| Subpoena | Court order demanding records or testimony. |
| Labor Commissioner | State official tasked with enforcing labor protections. |
| Retaliation | An illegal punitive action was taken against a worker asserting legal rights. |
| Whistleblower Protections | Legal safeguards for workers who report employer misconduct. |
Your Rights Are Worth Protecting
At Hussain & Gutierrez, we fight for the dignity, rights, and futures of immigrant workers. Whether you’re undocumented or navigating a visa status, you have legal options, and we’re here to guide you every step of the way.
Schedule a Free Consultation
Don’t wait until your workplace becomes the site of an ICE raid or retaliation. Be proactive and arm yourself with knowledge and legal backup.
Or call us at 818-997-3701
