February 27, 2018

Client Alert: Important Immigration Issues – DACA & ICE Raids

UPDATE: DACA Continues and ICE Raids in California

To California Clients and Friends of the Firm:

We have important updates for you about the Supreme Court’s decision this week allowing DACA to continue while the termination of DACA is challenged in ongoing litigation, and the many Immigration and Customs Enforcement (ICE) raids being conducted in California and across the nation.

DACA Continues For Now: This week the US Supreme Court declined to review or disturb the recent decision of a lower court to continue Deferred Action for Childhood Arrivals (DACA) nationwide while the termination of DACA is litigated in federal court. So DACA beneficiaries may continue to renew their DACA protection and work authorization for now. Given the normal pace of litigation, DACA is expected to continue at least through 2018.

ICE Raids And Employers: Many people have educated themselves and their families about the rights of non-US citizens who are physically present in the United States. The American Civil Liberties Union has created “Know Your Rights” flyers in many languages. It’s also important for employers to know their rights when ICE arrives unannounced at the work place. ICE relies on intimidation and a show of force to gain consent to access private areas of work places and homes. California law protects employers and employees from ICE intimidation tactics to gain access to private areas of the work place.

  • California law prohibits employers from voluntarily consenting to allow ICE access to nonpublic documents or areas of a work place unless ICE presents an I-9 Notice of Inspection or a judicial subpoena or judicial warrant (signed by a judge). Do not allow ICE to access nonpublic areas or documents until you confirm they have a judicial warrant or judicial subpoena. Explain to your employees that they don’t have authority to act on behalf of the employer and allow ICE agents to access nonpublic areas of the business or view documents. Don’t allow ICE agents to access areas where employees are working until you confirm they have the proper authority from a judge. Call an attorney to help you determine if ICE is presenting documents that allow them to access nonpublic areas or documents under state law. Openly video encounters with ICE to document that you complied with state law and to record how ICE responds.
  • If ICE presents an I-9 Notice of Inspection to review the employer’s I-9 Employment Eligibility Verification forms, the employer is entitled to three days’ notice. Always request the three days to respond even if ICE tries to convince you to hand over the I-9 documents right away. Employers face significant fines and even incarceration for I-9 violations, so take the three days to make sure your I-9 files are in good order and to remove any other personnel records from the I-9 files before you turn over I-9s to ICE. California law requires employers to notify all employees within 72 hours if immigration officials request access to immigration or employment documentation.

If you have questions, please call your employment attorney at Hirschfeld Kraemer LLP or our immigration counsel Leigh Cole, lcole@hkemploymentlaw.com.

Need ICE Raid Training?

We have developed a custom program to educate clients about
how to respond if federal immigration officers arrive unannounced.
To schedule your ICE Raid Training, please contact Leigh Cole
lcole@hkemploymentlaw.com (415) 835-9001

Practice Areas: Immigration Counseling