The Department of Homeland Security’s campaign of coordinated raids in support of the Trump administration’s mass deportation policy has changed business as usual.
In recent weeks, there have been widespread reports of roundups that are dubious in their legality and shattering for families and communities. Beyond the moral and ethical implications—as well as the imperative to recognize the humanity of vulnerable populations—this crisis has quickly become a major workplace safety issue.
Coffee shops are highly accessible public spaces, which makes them prime targets for Immigration and Customs Enforcement (ICE) agents’ profiling. Understanding the laws, your rights, and your employees’ and customers’ rights is imperative as we move through this assault on constitutional guarantees—particularly the Fourth Amendment, which protects people in the U.S., regardless of immigration status, from unreasonable government searches and seizures.
During recent conversations with business owners about these raids, the first thing I tend to hear is, “I have I-9s for all of my employees. This doesn’t affect my business.”
As much as this atrocity is being advertised as targeting only undocumented immigrants, there are a disturbing number of accounts of U.S. citizens being questioned and detained. Racial profiling from ICE agents is insidious and widespread, and poses a danger to your employees and customers.
That means that, whether or not you ever have to use it, a plan for when ICE comes to your coffee shop is as essential as any other workplace safety policy. Here’s how to get prepared.
What Employers Should Do
Know the Difference Between a Judicial and Administrative Warrant
This is crucial to understanding how ICE may proceed if they enter your business. A judicial warrant is signed by a judge and grants broad authority to search the premises. An administrative warrant is not a court order, and does not allow ICE to enter private areas. An administrative warrant will say “Department of Homeland Security” on forms I-200 and I-205.
If ICE agents say they have a judicial warrant, ask to see it, and verify that the warrant is signed by a judge. Check the name, location, and areas to which agents are allowed access.
Place ‘Private Area’ Signs in Employee-Only Rooms
ICE agents are allowed to enter public areas, but in most cases they are not permitted to enter private areas. The best way to safeguard these spaces is by putting signs up that indicate only employees are allowed to enter them.
Although there is no guarantee that ICE will not try to access these spaces and pressure you to allow them entry, you should only give permission when a judicial warrant is present. Ideally, these areas should be locked.
Limit Any Cooperation With ICE
Employers do not need to do much to cooperate with ICE without a judicial warrant. If an administrative warrant is furnished, employers do not have to disclose an employee’s schedule, whereabouts, or immigration status. They also do not have to provide any employment records.
If agents have a judicial warrant, employers may be compelled to allow access to private areas, provide employment records, or confirm if the person named in the warrant is on site. Lying to or obstructing agents with a judicial warrant may have legal consequences.
Document Everything You Can
If you feel comfortable, start filming at a safe distance. You are legally allowed to film in public areas as long as you are not obstructing ICE agents. You should indicate that you are filming and observing and not interfering. ICE agents cannot detain you for filming, tell you to stop filming, or demand you delete a video when you are in a public space. After a raid, make note of anything that happened, including how many agents were present, how they were dressed, and what they said. You should inform your immediate community that ICE is in the area and entering businesses.
Familiarize Yourself With Local Immigration Response Efforts
In many areas there are rapid response teams that can provide practical guidance and resources before and after an ICE raid. Have phone numbers for your local rapid response group saved in your phone and on display for your staff.
What Staff Should Do
Do Not Run
ICE agents may assume that anyone who runs is in violation of immigration law and detain them regardless of their documentation status.
Limit Communication With ICE Agents
A business owner, manager, or supervisor needs to take the responsibility of talking to ICE agents who enter coffee shops. Workers are allowed to say that they cannot give permission to enter the space and direct agents to speak to their employer. They should exercise their right to be silent.
Employees do not need to discuss their immigration status or provide proof of it without a judicial warrant with their name on it. They do not need to discuss the whereabouts of an employee. They should stay silent and ask for an attorney if it seems like they will be detained and cannot provide papers.
The Bottom Line
Creating procedures for ICE raids is not an act of political activism. It is a necessary business operation during a time in which laws and rights are being repeatedly violated in public spaces.
It is an employer’s responsibility to protect those who come through their shops, particularly their employees. While you cannot safeguard against all possible scenarios in which ICE may break the law, you stand a much better chance of protecting those on site during a raid by having clear plans in place to assert their rights, deny unlawful access, and stay silent.
