In addition to workplace rights, undocumented workers should be aware of the rights available in the event that Immigration and Customs Enforcement (ICE) comes 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, and will not ask about your immigration status. City services are available 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 employer’s permission. Private spaces are generally considered to be spaces where the public cannot enter, including break rooms or storage spaces.
What should I do if Immigration and Customs Enforcement (ICE) Agent approaches me at work?
- When interacting with an Immigration and Customs Enforcement (ICE) agent, you have a right to remain silent.
- 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.”
- 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.
- You can request interpretation in your native language for any conversation or hearing with Immigration and Customs Enforcement (ICE).
- You have the right to speak to an attorney before signing any documents or answering questions.
Where can I learn more about my rights?
You can request free 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.[1]
[1] https://www.nyc.gov/site/immigrants/legal-resources/know-your-rights-federal-immigration-enforcement-ice.page.