Know Your Rights Before, During, and After a Workplace Raid

A raid is a term used to describe enforcement actions by immigration agents or police against a large number of people at one time. They must have a warrant signed by a judge to conduct a raid. During a workplace raid, federal immigration agents may enter a workplace without advance warning to investigate violations of immigration law, including the employer sanctions law. They may seize documents and interrogate workers about their immigration status.  

In addition to workplace raids, immigration agents or police may come to a person’s home or stop and detain someone on the street or in their car. Click here for more information about your rights in those situations.   

What violations other than unlawful immigration status might authorities investigate during a workplace raid?  

A federal law called the Immigration Reform and Control Act (commonly referred to as the “employer sanctions” law or IRCA) prohibits employers from knowingly hiring or employing non-U.S. citizens who are not authorized to work in the United States. Employers must check the documentation of each new hire using a form called the “I-9.”   

Arizona also has its own version of an employer sanctions law, which applies to new hires and independent contractors or workers who are paid in cash. Among other things, that law allows the state to suspend or take away business licenses of employers who are found to have knowingly hired or employed unauthorized immigrants. It requires all employers to sign up for a program called “E-Verify,” which checks a person’s information against the Social Security Administration and Department of Homeland Security databases.  

Arizona law also makes it a crime to submit fake documents or use the identity of another person (real or fictitious) to obtain employment.  

Know your rights 

It is important to know that you have rights regardless of immigration status. Learn about your rights and share information with others.  

Visit the Immigrants’ Rights Resource Hub 

Talk to trusted co-workers 

Tell them about the possibility of a raid and that they should remain calm and not run. Tell them about their right to remain silent. 

•  During a raid, authorities may ask workers to separate themselves into groups based on whether they are U.S. citizens or not. Ask your co-workers if they are willing to make a collective decision to exercise their right to remain silent in this case, regardless of their immigration status.  
• If you belong to a union, contact your union and find out if they can help.

Plan for your family  

If you have children or care for elderly relatives, make arrangements in advance for someone to take care of them if you are detained. Make sure other people know about this plan. 

• Give someone an extra set of keys.   
• Find someone who you trust to make decisions for you if you are detained. For example, you can sign something called a “power of attorney” that will allow this person to withdraw money for you or pay your bills.  
• If you have children or caregiving responsibilities, have a plan for them if you're detained. Identify a caregiver in advance and make sure the children’s school and medical information are somewhere easy to find. 
• A trusted person should know about your health needs including necessary medications.  

Find an attorney 

If you are arrested during a workplace raid, you may be charged with violating federal or state criminal law in addition to immigration law.  

• Find both an immigration attorney who specializes in deportation defense and a criminal defense attorney you can trust.  
• Memorize the name and phone number of attorneys and post this information near the telephone so that your family can call someone if you are detained.  
• Be careful to avoid notaries or other people claiming to be lawyers who take immigrants’ money without providing services of any value.  

Find a list of free or low-cost immigration services providers here: Executive Office for Immigration Review Pro Bono Legal Service Providers.  

Find general information about legal services providers in your county at azlawhelp.org.  

To check if someone is licensed to practice law, contact the bar association of the state where the person says they are licensed. If that state is Arizona, you can call (602) 340-7239. To check if a non-lawyer is authorized to represent you in immigration proceedings, visit https://www.justice.gov/eoir/media/1398081/dl?inline. 

Know where important documents are 

Collect important documents such as birth certificates, marriage certificates, court papers, and passports and place them in a secure location that your family can access easily.  

• Give a copy of all papers that have been filed with immigration to a friend or family member who you trust.  
• If you have an A-number (Alien Number or A#), make sure your family knows your A-number.  
• Make a list of all the lawyers who have ever represented you and their contact information.

1. Do not run. You may ask if you are free to leave. 
2. You have a right to remain silent, even if you are scared and intimidated. 
3. You may inform the officer that you wish to speak to a lawyer. 
4. You do not have to answer questions about your immigration status, where you were born, or how you entered the country. 
5. Do not lie or give the officer fake documents. 
6. Do not sign anything before consulting with a lawyer. 

What else might happen during a workplace raid?

Immigration agents or police may keep you on the premises for many hours until their investigation is complete. They may claim that you are not allowed to use the phone or have anything to eat or drink. Some of these actions may violate your constitutional rights. If possible, document any violence or abuse.

• Immigration agents and police may enter your workplace without a warrant if your employer grants them permission to enter or if your workplace is publicly accessible (e.g., the public areas of a restaurant or a reception area).  
• If your employer does not permit them to enter, or if officials seek to enter a non-public area, then the general rule is that they must have a warrant signed by a judge to enter a business.   

Can I be detained while the authorities search my workplace?  

• If the agents or police have a warrant to search the premises, they may ask you to stay in a particular area to ensure officer safety while the search is being carried out.  
• If officers use force, that force must be reasonable under the circumstances. 
• Officers may not hold you for the purpose of questioning you after they have completed the search unless they have probable cause to believe you have committed a crime. Mere proximity to the raid or to an undocumented immigrant does not establish probable cause. 

What if an agent or officer wants to question me?  

• Ask if you are free to go. If the officer says yes, you may leave. 
• If the officer says no, you have the right to remain silent and ask to speak to a lawyer before answering any questions.  
• Immigration officials are not required to read you your Miranda Rights. Still, you have a right to avoid self-incrimination, even if the officer does not tell you so. 
• Be aware that, unlike in the criminal context, courts are permitted to draw adverse inferences based upon your silence. 
• If you provide incriminating information to an officer, it can and will be used against you in future legal proceedings.  
• You should never provide false information to an immigration agent or officer.  

Do I have to tell an agent or officer my name?  

You are not required to give your name to federal law enforcement (e.g. ICE). If a local or state police officer who is investigating a crime asks for your name, you are required to state your true full legal name under Arizona law, but you are not required to provide any further information. Be aware that providing your name can carry some risk if you are subject to deportation.   

Do I have to answer questions about whether I am a U.S. citizen, where I was born, or other questions about my immigration status? 

Regardless of whether you are questioned by a federal agent or state or local police, you have the right not to answer any other questions, including questions about your immigration status. You also have the right to request an attorney to advise you on any disclosures you do or do not wish to make.  

What if an agent or officer presses me for information or threatens me?   

• During a raid, it is natural to feel scared or intimidated. However, you always retain the right to remain silent and to speak to a lawyer. Immigration law is very complicated, and a lawyer can advise you how to answer and help you avoid a problem. 
• Even if you have answered some questions, you can still decide that you do not want to answer any more questions.   
• If the agent or officer orders you to do something or threatens to use force, you should comply. Do not get into an argument with an officer, touch any officer, or physically interfere with their search or interrogation.   

Do I have to show the agent or officer my immigration documents?  

Certain categories of non-U.S. citizens who are 18 or older who have been issued immigration documents are required to always carry those documents.  

If an immigration officer requests to see your immigration documents, you are required to show them to the officer. If you are arrested and have valid immigration documents somewhere else, ask someone to bring them to you.  

If you say you are not a U.S. citizen and cannot prove that you are in the country legally, there is a good chance you will be arrested. At that point, you still have the right to remain silent.   

If you do not have a valid immigration document, do not show the officer fake documents. Do not lie or say you are a U.S. citizen if you are not. Do not carry papers from another country. The government can use all of this information against you. 

What should I do if my rights have been violated?   

Try to note as much detail about the raid as possible, including officers’ badge numbers, and encourage others to do so as well. If an agent refuses to provide information, you should note that as well. 

• You have the right to make a phone call to your lawyer, family member, or union representative. Memorize the number you would like to call.  
• You have the right to consult with your attorney before answering any questions or signing any document. Do not sign any documents without talking to your lawyer first.  
• If you are not a U.S. citizen, you have the right to contact your consulate and ask them to connect you with a lawyer or other help.  
• You have the right to have important documents and proceedings translated into a language you can understand.

Where will I be taken if I am arrested during a raid?  

Most likely, you will first be taken to be booked at a local or county jail. If you are facing criminal charges, you may be detained and denied the opportunity to ask for bail if the state court determines that there is probable cause to believe you entered or remained in the United States unlawfully.   

If you are not facing criminal charges, but the authorities have reasonable grounds to believe that you are deportable, you may be held in a local or county jail for a maximum of 48 hours (excluding weekends and holidays) on an immigration detainer. If a transfer to Immigration and Customs Enforcement (ICE) custody does not take place within that time, then you should be released. 

Can I be transferred?  

Yes. A person who is initially held in a local jail may later be transferred to a federal detention or other facility. Some detainees are transferred several times. Transfers may occur without notice to family members or lawyers. Additionally, detainees may be transferred to a facility located in a state other than the detainee’s state of residence.   

Can I be charged on criminal grounds if I am arrested in a workplace raid? 

Maybe. In addition to possible immigration violations, you may be charged on criminal grounds if the government has evidence that you used fake documents to work or misrepresented yourself as a U.S. citizen. 

Depending on your circumstances, you may also be subject to prosecution under other criminal laws that affect immigrants or reentering the United States after having been previously deported.   

If you are charged on any of these grounds, you will be placed in criminal proceedings before immigration proceedings begin. Ask your lawyer about the effect that a conviction or a plea bargain could have on your immigration status. 

In most cases only an immigration judge can order you to be deported. However, if you have an outstanding deportation order or if you agree to voluntary removal, you may be deported without a hearing. Additionally, if you entered the United States unlawfully within the past two years, an immigration officer may order you deported without a hearing if you do not indicate that you fear returning to your home country.  

Within 72 hours of your arrest or the end of your criminal proceedings, you should be given a document called a Notice to Appear (“NTA”) that contains the immigration charges against you. You will also be assigned an immigration officer. Write down the name and phone number of the officer assigned to your case. Do not sign the NTA or any other documents. Even if you think that nothing can be done in your case, it is important that you do not waive any rights without first consulting a lawyer.   

Know your rights in Immigration Court 

Can I ask to be released while my immigration case is pending?  

If you are detained by immigration agents, you may ask for a bond hearing before an immigration judge. Some people who have prior deportation orders or who have been convicted of a crime may not be eligible. Ask your immigration attorney if you are not sure.   

• At a bond hearing, you will want to document factors that show you are not a “flight risk,” meaning that you will appear for later hearings.  
• Helpful evidence includes a fixed U.S. address, owning a home, family ties such as U.S. citizen children, steady employment or attendance at school, being active in your church, or having insurance.  
• It is helpful to have friends, family, employers, and community leaders write letters on your behalf or come to a bond hearing to support you if they have legal status.  
• Do not lie to an immigration judge; this can hurt your chances of remaining in the country. If you are granted bond, make arrangements to have someone with legal status pay the bond.  

For information about the status of your immigration court case, call the EOIR 24-hour hotline at (800) 568-5157 or visit acis.eoir.justice.gov and type in your A-number.  

For information about the status of a pending application, call US Citizenship and Immigration Services at (800) 375-5283. 

To find out where someone is being held pending a state criminal proceeding, contact the sheriff’s office in the county where the raid took place. You can locate an inmate and find out general information about the jails by calling the numbers below. 

If someone is being held awaiting a federal criminal proceeding, you should contact the Federal District Court where the raid took place. 

To find out where someone is being detained by Immigration and Customs Enforcement (ICE), start by contacting the local ICE Office of Detention and Removal Operations and local ICE facilities. Be prepared to provide the full name and A-number for the person. If you cannot get an answer, ask to speak with a supervisory officer or assistant field office director. Don’t panic if you are not successful the first time. Typically, you will be unable to locate the person until they have been in custody for 24 hours. 

It is possible that your family member or friend may be held at a county jail pending an immigration proceeding if the county has a contract with ICE to do so. In that case, you should contact the county detention center. 

If your family member or friend calls from a jail or detention facility, they may have trouble reaching you; ask your telephone company to remove any blocks on your phone.   

Before visiting the person, find out what the visitation restrictions and hours are. Individuals without legal status should not visit the jail or detention center.

• Find a list of free or low-cost immigration services providers here: Executive Office for Immigration Review Pro Bono Legal Service Providers.
• Find general information about legal services providers in your county at azlawhelp.org.  
• To check if someone is licensed to practice law, contact the bar association of the state where the person says they are licensed. If that state is Arizona, you can call (602) 340-7239. To check if a non-lawyer is authorized to represent you in immigration proceedings, visit https://www.justice.gov/eoir/media/1398081/dl?inline. 
• For information about the status of your immigration court case, call the EOIR 24-hour hotline at (800) 568-5157 or visit acis.eoir.justice.gov and type in your A-number. For information about the status of a pending application, call US Citizenship and Immigration Services at (800) 375-5283. 
• For more information about I-9, E-Verify, and immigrant workers’ rights, visit: National Immigration Law Center Resources 
• A Guide for Employers: What to Do if Immigration Comes to Your Workplace - NILC
• Executive Office for Immigration Review Pro Bono Legal Service Providers
• If you believe your civil rights have been violated, you can file a complaint with the ACLU of Arizona here. Carefully review what cases we do and do not accept before submitting your complaint. 
• Arizona Legal Services Directory
• National Immigration Law Center: Know Your Rights
• A Toolkit for Organizations Responding to Mass Worksite Immigration Raids
• Immigrant Legal Resource Center Red Cards
• American Immigration Lawyers Association