• Request and Examine the Warrant : Verify the search warrant’s validity, ensuring it is signed by a judge. Immediately provide a copy to your legal counsel. If ICE officials have a search warrant when they arrive, they will take the position that they are entitled to immediate access to your premises and records. There is no three-day period to gather documents. ICE agents will not wait for your attorney to arrive before commencing their search. • Monitor but Don’t Interfere : Assign a representative to observe and document ICE’s actions while maintaining a cooperative stance. Do not obstruct or engage in hostile actions, which could worsen legal outcomes. • Avoid Actions that Could be Construed as Harboring : Instruct managers not to hide employees, shred documents, or provide false information. Employees should be free to speak to ICE agents if questioned but are not required to do so without legal counsel. • Document and Report Seized Property or Records : Track all items and information taken by ICE and share this information with legal counsel immediately. • Manage Public Relations : After a raid, determine whether a public statement is necessary and how best to communicate the event to maintain your business’s reputation. 뭇뭈뭉 Don’t Overlook Labor Law Protections Even in non-union workplaces, immigration enforcement may trigger protected activity – and mishandling employee walkouts or protests could create additional legal risk. • Labor Law May Protect Workers : If employees don’t come to work because they fear a raid might occur, know that certain forms of collective action, including work stoppages, may be protected by the National Labor Relations Act (NLRA) – regardless of whether your workers are unionized. The NLRA generally comes into play when employees initiate action among coworkers over work- related issues or bring complaints about the workplace to management. These same protections have generally been extended to undocumented workers. • Know The Difference : Employees who choose not to report for duty may be deemed to be collectively refusing to work in protest of the raids, falling under the NLRA’s protection despite your legitimate interest in maintaining normal productivity levels. Conversely, those who confine their protests to broad-based government action unrelated to workplace concerns are generally not afforded such protection. • Educate Your Supervisors : Train managers to engage with employees in a neutral, supportive manner and avoid threatening discipline for legally protected concerted activity. Consider offering options for employees to discuss their concerns and encourage transparent communication to minimize potential work disruptions. Although you can instruct such employees that they will not be paid for time they spend off the job, make sure your managers know not to threaten or discipline anyone for engaging in lawful protests if they decide to walk out.
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