What to do if ICE comes to your work

This page covers your rights as a worker when immigration agents come to your job. It is not a guide for employers. It is general information, not legal advice. DNLH is not a law office.

What do I do the moment agents arrive?

Your first few moves matter most.

1. Stay calm. Do not run. Running can give agents a reason to detain you.
2. Keep working if you can, or stay where you are.
3. Say you want to stay silent: "I am choosing to remain silent. I want to speak to a lawyer." You can hand over a red card instead of talking.
4. Ask, "Am I free to go?" If yes, leave calmly.
5. Do not answer questions about where you were born, how you came here, your status or your coworkers.
6. Do not sign anything until a lawyer has read it with you, in a language you understand.
7. Do not lie and do not show false papers. False papers can bring criminal charges.
8. If you can do it safely, take photos of any papers agents show, and note badge numbers.

Can agents go anywhere in my workplace?

No. It depends on the area.

Public areas. Agents can walk into places open to the public, such as a parking lot, a lobby, or the customer area of a store or restaurant. Being in a public area does not mean they can search or arrest you without a reason.

Private areas. Break rooms, locker rooms, kitchens, storage rooms, warehouse floors and offices are non public. Federal rules say an immigration officer may not enter the non public areas of a business to question workers about their status unless the officer has a warrant or the consent of the owner or person in charge. Worker legal groups such as Legal Aid at Work say that warrant must be signed by a judge, and that a warrant issued by the immigration agency itself is not enough (Legal Aid at Work). The federal rule itself says only "a warrant" (8 CFR 287.8(f)(2)). See How to tell an ICE warrant from a judge's warrant.

Your employer can say yes. Under the federal rule, if the owner or manager agrees, agents can enter private areas. In 2017, California passed a law (AB 450, Government Code 7285.1 and 7285.2) that bars employers from voluntarily letting agents into private areas or handing over worker records without a judge's warrant or subpoena. In July 2018, a federal court blocked California from enforcing those rules against private employers while the lawsuit went on, and the state did not appeal that part. The lawsuit itself ended by agreement in April 2021. Whether California can enforce the consent rules against private employers today is a question for an employment lawyer. Until a lawyer says otherwise, do not count on that law to keep agents out of a private business.

You can still ask agents, politely, to speak with your manager first.

What do I say if agents question me?

Short and calm is best.

Everyone has the right to stay silent: citizens, green card holders, visa holders and people without papers.

What if they arrest me at work?

• Keep using your rights. Stay silent, ask for a lawyer, sign nothing.
• You have the right to contact your consulate. Federal rules say every detained person must be told this.
• Your emergency contact. Since January 1, 2026, if you asked your employer to, the employer must tell your chosen emergency contact if you are arrested or detained at the worksite. If your employer knows you were arrested or detained during work hours somewhere else, it must tell your contact too.
• Your pay. You are owed every dollar for the work you did. California's labor laws protect all workers, whatever their status. The Labor Commissioner says you can file a claim even after you leave California or the United States. See How to file a wage claim and Getting your final paycheck.

Your family's next steps are on What to do if ICE detains someone in your family.

What is an I-9 audit, and how is it different from a raid?

An I-9 audit is a paper inspection. Immigration agents send the employer a Notice of Inspection and check the work eligibility forms (Form I-9) the employer keeps. A raid is when agents come in person to question and detain workers.

California notice rules for audits still apply. A federal court left this part of California law in place.

• Within 72 hours of getting a Notice of Inspection, your employer must post a notice for workers, in the language it normally uses with them. The notice must say which agency is inspecting, when the employer got the notice, and what the inspection is about, if known.
• After the inspection, if the results affect you, your employer must give you a copy within 72 hours. It must say what the problem is, how long you have to fix it, and the date of any meeting. You can bring a representative.
• Your union, if you have one, must get notice too.

Do not quit or hand over new papers in a panic. Talk with a lawyer first. See My employer is auditing everyone's work papers. What now?

Can my boss call ICE on me or fire me for speaking up?

Not as payback. California law protects you.

• Threats are illegal retaliation. It is against California law for an employer to report or threaten to report your status, or a family member's status, because you used a workplace right, such as asking for your pay or complaining about safety.
• Scheduled for January 1, 2027. A new law, AB 2495 (Labor Code 1019(b)), also bars using your real or perceived status in any way that would scare you out of using a right, even before you complain, with penalties up to $10,000 per person per violation.
• Unfair immigration related practices are banned when they are used to punish a worker. These include asking for more or different documents than the law requires, refusing documents that look genuine, misusing E-Verify and filing false reports.
• Deadlines. File a retaliation complaint with the Labor Commissioner within one year. The Labor Commissioner does not ask about your status. To report document abuse or status discrimination to the U.S. Department of Justice, file within 180 days.

If you are speaking up about abuse at work, you may also want to read Is it safe to report workplace abuse to get deferred action (DALE)?

What must my employer give me under California law?

Since 2026, a California law called SB 294 requires:

• A yearly rights notice. Employers must give each worker a written notice of workplace rights by February 1 each year. It covers your rights when law enforcement comes to work, your right to notice of an immigration inspection, and protection from unfair immigration related practices.
• An emergency contact choice. Employers had to let workers name an emergency contact and say whether that person should be told of an arrest or detention at work.

Do this now: ask your employer for the emergency contact form if you have not filled one out. Pick someone who will answer the phone and knows your family plan.

How can I get ready now?

• Carry a red card. See Get a free know your rights red card.
• Memorize two numbers: a family member and a lawyer or legal group.
• Save the rapid response number for your county.
• Make a family plan for your children in case you do not come home. See Make a family preparedness plan.
• Talk with coworkers. Agree on who will tell the supervisor, who will call the hotline and who will check on families.
• Never carry false papers. If you have immigration papers, ask a lawyer what you must carry. See What papers should I carry?
• Join a know your rights training at a worker center, union or church.

What mistakes should I avoid?

• Running or hiding in a way that puts you in danger.
• Answering questions about coworkers.
• Signing papers in English you do not fully understand.
• Lying, giving a false name or showing false papers.
• Quitting in fear after an audit notice before you talk with a lawyer.

Questions people ask

Do I have to show my work papers to ICE? You can stay silent. If you are required by federal law to carry registration papers, such as a green card, a lawyer can tell you when to show them. Never show false papers.

My boss let the agents in. Was that legal? Under federal rules, an employer can consent. California's law limiting that consent was blocked for private employers in 2018, and the lawsuit ended in 2021 without a final ruling on it. An employment lawyer can tell you whether it applies to your job today. Your other rights stay the same.

Can my boss fire me because ICE came? An employer may not fire you to punish you for using a workplace right. Other job questions after a raid depend on your situation. Call Legal Aid at Work or another worker group.

Do these rights apply to day laborers and domestic workers? Yes. Your right to stay silent and your California wage rights do not depend on where you work or on your papers.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Rapid response lines, open 24/7: San Mateo County (203) 666-4472; Santa Clara County (408) 290-1144. Report agents at a workplace.
• Legal Aid at Work: 415-864-8848. Workers' Rights Clinic line for East Palo Alto: (415) 404-9093. Free and confidential.
• California Labor Commissioner: 833-526-4636.
• U.S. Department of Justice, Immigrant and Employee Rights Section: 1-800-255-7688.
• San Mateo County Office of Labor Standards Enforcement, Labor Advice Hotline: 1-866-870-7725.
• Community Legal Services in East Palo Alto: (650) 326-6440, for immigration help.
• More groups: Free help with a work problem in the Bay Area and Your rights at work, with or without papers.

Is there a card I can carry?

Your work feeds your family and builds this community. Your rights come with you to the job. Know them, and stand with each other.