Lately, ICE has been more active in making arrests of undocumented individuals. Statistically however, the number of arrests are very small and the “bark” is much bigger than the “bite”. Nonetheless, it is helpful for employers and other stakeholders to know what the required protocols and duties are if ICE shows up, employee rights, and bystander rights. Below is a quick checklist to help you along with important guidance.
Public versus Private Property
Generally speaking if you have a personal encounter with ICE:
Non-Immigrants must Carry Evidence of Legal Status
Section 264 (e) of the Immigration and Nationality Act requires every foreign national 18 years of age and over to carry with them and have in their personal possession at all times evidence of their status such as an I-94, work permit, or green card at all times.
ICE and Foreign Students
UNIVERSITY AB-21 REQUIREMENTS
In 2017, the California Legislature passed AB-21 (codified in Education Code Section 66093) requiring Universities to take certain affirmative steps to notify students on at least a quarterly basis of ICE activities on campus. This includes the following:
GUIDANCE TO EMPLOYERS IF ICE INITIATES AN ICE AUDIT
California AB 450 Notice Requirements After an ICE I-9 Audit Begins
Here is the required posting notice issued by DLSE:
FAQ’s from DLSE can be found here.
ICE IMAGE Program
IMAGE is a voluntary partnership initiative between the federal government and private sector employers. The initiative is designed to foster cooperative relationships and to strengthen overall hiring practices and self-policing of I-9’s. It can be used as a negotiating tool if a company is audited by ICE.
What does ICE agree to do as part of IMAGE?
For more information on Image see here.