An operation conducted by U.S. Immigration and Customs Enforcement (ICE). This is done to locate, detain and deport individuals, who reside or work in the country without legal documentation. This may also include those who have violated immigration laws.
Staying well-prepared is very important. One should be aware of their rights and family rights in case of raids or any interactions with ICE.
What is ICE?
ICE stands for U.S. Immigration and Customs Enforcement, a federal agency within the U.S. It was created in 2003. ICE has worked with over 20,000 law enforcement officers and support staff. It marks its presence in more than 400 offices across the United States and internationally. This expansive network enables the agency to effectively enforce immigration laws and combat criminal activities. It maintains national security both within the U.S. and on a global scale.
Objectives Of Immigration Raids
There are two main divisions of ICE, that are responsible for carrying out key objectives :
- Enforcement and Removal Operations (ERO)
- Homeland Security Investigations (HSI)
Main objectives of Immigration Raids:
- Enforcing Immigration Laws
ICE works to remove individuals who are in the U.S. unlawfully. This includes those who have overstayed their visas or entered the country illegally. - Investigating Criminal Activities
HSI enables ICE to investigate crimes. This includes:
- Human Trafficking,
- Drug Smuggling,
- Money Laundering,
- Child Exploitation,
- Cybercrime, and
- Immigration Fraud
- National Security
ICE identifies and apprehends individuals who pose threats, those involved in terrorism or related activities.
- Prevent Human Trafficking
It protects vulnerable individuals from exploitation, especially in terms of forced labor and sex trafficking.
- Support to Border Security
ICE collaborates with other federal, state, and local law enforcement agencies. It enhances border security. Furthermore, it assists in preventing illegal immigration.
- Protect Children and Families
ICE works to identify and address cases of child exploitation. This may include child pornography, abuse, and trafficking.
Industries Most Affected by Immigration Raids
Many industries in the US rely heavily on manual labor. They hire many employees without proper documentation. These industries have a long history of hiring immigrants. This is why, these industries are targeted by immigration enforcement.
Agriculture- Jobs in farms and food processing are physically challenging, yet offer low wages. Hence, U.S.-born workers are not that attracted to this job. People end up hiring immigrant workers, including undocumented workers.
Construction- These jobs are filled with a large number of immigrant laborers. This is one of the fast-paced industries. It has a high demand for labor, making it attractive for immigrants.
Manufacturing- Factories such as food processing, textiles, and furniture operate on a large scale. This makes them an attractive spot for immigrants. They rely heavily on manual resources, often hiring workers without documents.
Retail (Low-wage jobs)- Roles such as clerks, janitors, and maintenance staff often attract immigrants. The retail sector in large cities employs undocumented immigrants, offering them low wages.
Cleaning service- This sector employs many undocumented workers, especially in commercial buildings, hotels, and office cleaning services.
Transportation- Immigrant workers are often employed in roles such as truck drivers, delivery personnel, and warehouse workers. Some undocumented workers also fill these positions.
What Should Employers Do in Case of an Immigration Raid?
Study your Rights and Duty- One should be aware of their rights and duties under federal and state laws. They are not required to allow ICE agents to enter non-public areas of the workplace without a warrant signed by a judge.
Documentation – ICE agents should have a warrant signed by a judge to enter non-public areas. Employers should ask to see the warrant and carefully review it to ensure it is valid and signed by a judge. Administrative warrants from ICE alone do not grant permission to enter without consent.
One should have a proper response plan- Having a response plan outlines how to respond during an immigration raid. You can designate a team to handle interactions with the ICE agents.
Document the Raid- Keep detailed records of the raid, including the names of the agents, what documents were presented, and any actions taken. This documentation may be important for future legal proceedings.
Support affected employees- After a raid, employers should provide support to employees who are affected. This may include access to legal resources and counseling services. Employers can also assist employees in recovering wages owed to them or ensuring their families are cared for during this period.
How Employers Can Prevent Immigration Raids
There are several ways in which an employer can prevent immigration raids:
Follow I-9 compliance: Employers must complete and maintain Form I-9. This needs to be done for each employee hired in the United States. This way, it verifies their identity and authorization to work. You may use the federal E-Verify system to electronically confirm employees’ eligibility. E-Verify is voluntary in many states. It can help to ensure that workers are legally authorized.
Conduct Internal Audits: One must conduct regular I-9 internal audits. Audit employment records to ensure compliance with federal laws. This helps you to find discrepancies. Internal audits may help to prevent issues to escalate further.
Train HR staff: You must train HR staff. Make sure they are well aware of hiring process. They should verify work authorization without discrimination.
Don’t discriminate in hiring: Employers must be careful not to discriminate based on nationality, immigration status, or perceived ethnic background when verifying documents. Follow the law fairly for all employees.
Work with Legal Counsel: You can hire immigration counsel. This ensures that hiring process and employment practices are in full compliance with immigration laws. Legal counsel can provide guidance and help mitigate risks.
Create a good work environment: Create a work culture that respects workers’ rights and provides resources for employees. This ensures that they maintain proper work authorization. Educating employees about how to update documents or renew work permits can reduce the risk of unauthorized employment.
Promote fair labor practices: Participate in promoting fair labor practices. Employers must practice good faith efforts. This way, they are are less likely to face harsh penalties if issues arise.
Conclusion
Immigration raids are a growing concern for businesses across various industries in the United States. Employers must take proactive steps. Ensure compliance with federal immigration laws, protect their workforce, and mitigate potential disruptions. Businesses must install proper hiring practices, regularly. They must audit employment records, and stay informed about changes in immigration policy. Businesses should safeguard themselves from legal risks. They must ensure a secure and ethical work environment.
During an immigration raid, employers must understand their rights and responsibilities. Preparedness is key. Maintain accurate documentation, and educate both management and employees on the legal processes.
Create a workplace culture that respects the law and values employee rights. It is a must for long-term business success. Employers must focus on compliance, communication, and transparency. This will reduce the likelihood of immigration enforcement actions. It will support a fair and inclusive workplace.