雇主行动计划：在移民和海关执法局（ICE）访问/互动时管理您的劳动力

Managing Your Workforce in theEvent of an Immigration and CustomsEnforcement (ICE) Visit/Interaction To be used by managerial staff; not for use by non-supervisory employees. IMMEDIATE ACTION ITEMS: •Create an internal escalation protocol:•Employees should be aware of the appropriate chain of command and whom to contact in the event ICEappears on company property.•If Point of Contact is at the premises, they should come to meet the ICE agent; if not, they should beput on phone.•If ICE appears on the company premises, here are some immediate action itemsto follow: •Stay calm and remain professional.•Confirm the identity of the law enforcement official. Ask for a business card or other form ofidentification such as a badge of the lead ICE agent to confirm their identity.•Contact legal counsel immediatelyand meet with the ICE agent in a public space. Ask the agentthe purpose of the visit and request a copy of any legal documentation they have brought (Notice ofInspection, Warrant, Subpoena, etc.), if any.•NOTE:Do not provide legal advice to individual employees. If needed, employees should seek theirown independent counsel. YOUR RIGHTS AS AN EMPLOYER: •Employers have rights when ICE appears at a private business.Unless they have a judicial warrant orsubpoena, ICE agents donothavea right to: •Enter non-public areas (ensure all non-public areas are clearly marked as“private”). •Anyone – including ICE agents – can enter public areas (reception/lobby, dining area in a restaurant,parking lot, etc.) of your business during operating hours without priorpermission. WHAT HAPPENS IF ICE AGENTS COME TO YOUR LOCATION: •First-Stay calm! •Respectfully advise the agent(s) that you will need them to wait in a public area until you can contact asupervisor or manager that can provideassistance.•For example, an employee, addressed by ICE (contact employee) may say “Thank you for theinformation. Please remain outside/in the lobby until I can locate my supervisor/manager who willbe able to address your questions. I do not have the authority or permission to grant you access tothe property.” •Ask the ICE agents to wait and have the employee immediately contact the next person in line onthe internal escalation list and provide them with the name of the lead ICE agent and a copy of anydocumentation shared bythe agent. •The designated contact on the escalation list should gather the following information regarding theICE encounter: •Location•Date/Time•Purpose of visit•Copy of ID/badge number for lead ICE agent•Copy of any documentation presented by ICE •Key reminders to employees who encounter ICE on company property: •Do NOT ask anyone to run tothe exits.•Do NOT attempt to obstruct any ICE agents or law enforcement.•Do NOT become confrontational.•Do NOT becomeaggressive.•Do NOT become violent or you will be arrested in the same way you would if you acted like this in frontof a regular police officer/law enforcement. ICEislaw enforcement.•Do NOT obstruct an agent but voice your objection if accessing private space withoutconsent.•NOTE:You may want to consider creating company policy on whether to allow employees to record ICEwhile on company property (there is a safety concern). •The designated team member on the escalation list should review any documentation provided by ICE.And if ICE does not possess a judicial warrant, the team member should not provide consent to anysearch, seizure, or interview requestuntil ICE returns with a judicial warrant or subpoena compelling orauthorizing such a searchor seizure. •A judicial warrant is one signed by a judge that says “U.S. District Court” or a State Courtat the top.•A judicial warrant is valid only for a specific date, time, place, and for a specific purpose. As such, theyshould be read carefully to ensure ICE does not go beyond the authority granted inthe warrant.•NOTE:Employer should decide what is the company policy regarding whether consent will be grantedfor ICE to enter the non-public areas of the workplace. Note California law prohibits DHS’ entering non-public areas of the workplace without a valid judicial warrant. •Everyone has the right to remain silent. You do not have to speak to the ICE agent(s). •If you or any employees choose to speak to ICE or volunteer any information, you should remain truthfuland non-confrontational. •Remind employees to have their own emergency preparedness plan, including arrangements for childcareand financial matters in case of local, regional, or nationalemergencies.•Acknowledge the situation and if your health plan provides counseling benefits, remind them of theiraccess to counseling services or other employee assistance programs if needed. POST-ICE ENCOUNTER PROTOCOL: As soon as ICE has left the premises, you should contact legal counsel, if you have not already, and create amemorandum of the encounter. Details should include the following: •Name, title, agency, badge number oflead agent.•How many ICE agents were present