Immigrant Workers Resource Guide

In addition to workplace rights, undocumented workers should be aware of their rights in the event that Immigration and Customs Enforcement (ICE) or other federal immigration authorities come to your home or your workplace.

Do New York City agencies coordinate with Immigration and Customs Enforcement?

Under New York City’s local laws, New York City government agencies, such as the New York City Police Department (NYPD), do not cooperate with Immigration and Customs Enforcement (ICE) except in limited situations. City agencies generally do not ask about your immigration status and do not share your personal information with immigration enforcement authorities. Many city services and resources are available to you no matter your immigration status.

When can Immigration and Customs Enforcement enter my workplace?

Immigration and Customs Enforcement (ICE) can enter the public areas of your workplace without a warrant, but they cannot legally enter private spaces at your workplace without a judicial warrant (signed by a judge or magistrate) or the employer’s permission. Private spaces are generally considered to be spaces where the public cannot enter, including break rooms or storage spaces.

What are my rights if an Immigration and Customs Enforcement (ICE) Agent approaches me at work?

1. When interacting with an Immigration and Customs Enforcement (ICE) agent, you have a right to remain silent.
2. You have the right to refuse to consent if an Immigration and Customs Enforcement (ICE) agent searches your pockets or belongings, by saying “I do not consent to the search.”
3. If an Immigration and Customs Enforcement (ICE) agent proceeds with your detention you can inform the agent about any medical need you may have or whether you need to arrange care for your children or dependent adults.
4. You can request interpretation in your native language for any conversation or hearing with Immigration and Customs Enforcement (ICE).
5. You have the right to speak to an attorney before signing any documents or answering questions.

What can I do if Immigration and Customs Enforcement (ICE) Agents are at my home?

1. Stay calm. You do not have to open the door unless presented with a warrantthe door, you have not given ICE permission to come inside. You have the right to speak through the door. You do not have to let immigration agents into your home unless they have a judicial search warrant or arrest warrant naming a person in your residence and/or areas to be searched at your address.
2. When agents are at the door, you have the right to ask (or have a designated person in your household ask) the following questions:
   1. Are they immigration agents?
   2. Why are they at your home?
   3. Can they show you a badge or identification through the window or peephole.
   4. Do they have a warrant signed by a judge? If they say they do, you can ask them to slide it under the door or hold it up to a window so you can inspect it
3. You have the right to remain silent, even if they have a warrant.
4. Don’t lie or produce any false documents. You do not have to sign anything without speaking with a lawyer first.

What are my rights if an Immigration and Customs Enforcement (ICE) Agent stops me in transit or in public?

1. Stay calm. Don’t run, argue, or obstruct the agent. Keep your hands raised where they can see them.
2. You have the right to remain silent. If you wish to exercise that right, say so out loud.
3. You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country.
4. In a car, drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, you can calmly leave.

Where can I learn more about my rights?

You can get connected to free and trusted city-funded legal services from the Mayor’s Office of Immigrant Affairs by calling 800-354-0365, or call 311 and say “Immigration Legal,” between 9AM to 6PM, Monday to Friday.

For more information visit the Mayor’s Office of Immigrant Affairs “Know Your Rights: Federal Immigration Enforcement,” website.