Workers’ Rights During ICE Enforcement: A Guide for California Employees and Employers

With news of increasingly intrusive and possibly unlawful ICE enforcement actions across Los Angeles and California, it has never been more important to be informed of workers’ rights. All California employees have constitutional and workplace rights that protect them from unauthorized stops, seizures, or workplace raids by federal or state officials, including ICE officials. This guide is designed to summarize some of the key legal protections available to California employees.

Recent ICE Activity in Los Angeles: What We Know

Immigration enforcement in Los Angeles has been increasing since early 2025. Recent operations have brought major attention to some of the biggest workplace immigration enforcement actions in recent years. Federal agents from ICE, HSI, FBI, and DEA worked together on raids across multiple locations in the city.

The June 2025 raids targeted several places, including two Home Depot stores in the Westlake area, clothing manufacturer Ambiance Apparel in the Fashion District, and other businesses throughout Los Angeles. These enforcement actions represent a big increase in workplace immigration enforcement tactics, with witnesses reporting heavily armed federal agents in tactical gear, armored vehicles, and military-style operations that created widespread fear in local communities. In many cases, witnesses are also reporting arrests without fundamental due process.

FOR EMPLOYEES: Immediate Rights and Protections

California provides the best workplace protections for immigrant workers in the nation. Regardless of an employee’s immigration status, California employees can enforce their legal rights in the California courts and labor agencies.

Constitutional Rights That Can Be Used Immediately

If employees are approached by ICE or other law enforcement agents, they have powerful constitutional protections:

RIGHT TO REMAIN SILENT (5th Amendment)

Say clearly: “I am using my right to remain silent”
Do NOT answer questions about where born, immigration history, or criminal record
Do NOT lie or give false information – just stay silent (silence cannot be used against employees in court)

RIGHT TO AN ATTORNEY (6th Amendment)

Say: “I want to speak to a lawyer before answering any questions”
Do NOT sign any documents without legal help
ICE must stop questioning once employees ask for an attorney (workers have this right even if they cannot afford a lawyer)

RIGHT TO REFUSE SEARCHES (4th Amendment)

Say clearly: “I do not consent to any search of my person or belongings”
Do NOT physically fight back if agents search anyway
Make refusal clear to witnesses who can testify later (this applies to pockets, bags, and personal items)

California Workplace Protections Under State Law

California has created some of the strongest worker protections in the country, and these apply regardless of immigration status:

Right to Advance Warning

Employers must notify all employees within 72 hours of getting notice of an I-9 inspection
Notice must be posted in the language employers normally use for work communications
Employees have the right to request a copy of the Notice of Inspection

Right to Inspection Results

Employers must give employees copies of inspection results within 72 hours
Workers have the right to receive written notice of their duties from the inspection (these notices must be delivered by hand at the workplace if possible)

Documenting Everything for Legal Protection

Recording what happens during an ICE encounter can be crucial for protecting rights later:

Important Information to Record:

Agent names and badge numbers
Time, date, and location of encounter
What agents said and did, including whether they showed warrants (demand to see them)
Names of witnesses present
Any violations of rights witnessed

Keeping Evidence:

Write down details right away while memory is fresh
Ask coworkers to be witnesses if it is safe to do so
Take photos/video if possible, without putting oneself at risk
Keep copies of any documents agents provide

FOR EMPLOYERS: Legal Duties and Options for Protecting Workers

California employers have legal duties under federal and California law. For employers who want to be more proactive in protecting their workers and communities during immigration enforcement actions, the following guidance may be helpful.

Immediate Actions During ICE Encounters

Check Warrants Before Allowing Entry (Legal Requirement)
Demand to see any warrant and check that it is signed by a federal judge (NOT an ICE officer)
Check that the warrant has the exact business address
Review what specific areas the warrant allows to be searched
Employers are not required to allow entry to areas not listed in the warrant

Understanding Options About Workplace Access

Private workplace areas: ICE needs either employer permission OR a judicial warrant to enter non-public areas.

While employers CAN voluntarily allow ICE entry, California law strongly recommends that employers do NOT consent without a judicial warrant.

Best practice

Train staff to say, “I cannot give permission for entry”.

Speak to management

Recommended response: “We do not consent to entry without a judicial warrant signed by a federal judge.”

WORKPLACE SIGNAGE RECOMMENDATIONS

POST CLEAR SIGNAGE IN MULTIPLE LANGUAGES:

Create and post signs at all entrances to non-public work areas stating:

“NOTICE: PRIVATE WORK AREA EMPLOYEE ACCESS ONLY”

Law enforcement must present a valid JUDICIAL WARRANT signed by a federal judge to enter this area. Administrative warrants are NOT sufficient for entry. Contact management before allowing any access. This business complies with all federal and California labor laws.

Additional Recommended Signage

“This workplace is protected under California AB 450 – Immigrant Worker Protection Act.”

“All workers have rights regardless of immigration status.”

“Contact [attorney name and number] before answering questions.”

“Know Your Rights hotline: [relevant nonprofit contact]”

Resources

Steps to Take

Contact an Attorney Right Away
Call immigration/employment lawyer before answering any ICE questions
Use right to have legal counsel present during all interactions
Do NOT sign any ICE documents without attorney review
Document attorney’s advice in writing

Protect Employee Information – I-9 Records: Employers must provide I-9 forms when legally required during official audits

Other Employee Records: While not clearly prohibited by law, it is strongly recommended that employers not voluntarily provide employee records without a subpoena or court order

Best Practice: Request subpoena or court order before providing any employee information beyond I-9 requirements

Understanding Options and Recommendations

What Employers CAN Do (Legal Rights):

Request to see warrants before allowing entry
Talk with an attorney before making decisions
Document all interactions with ICE agents
Object to searches beyond warrant scope
Ask agents to leave if they don’t have proper authorization

What Employers CANNOT Do (Legal Duties):

Lie to federal agents
Physically block agents with valid warrants
Punish employees for using their rights
Re-verify work authorization outside federal requirements

For Employers Who Want to Provide Additional Community Protection:

Do not voluntarily consent to ICE entry without judicial warrants
Do not voluntarily provide employee records without subpoenas
Provide advance notice to employees of I-9 inspections
Train all staff on constitutional rights and proper responses

California Law: The Strongest Legal Protections

California Labor Code Section 1171.5: Universal Worker Protections

“All protections, rights, and remedies available under state law…are available to all individuals regardless of immigration status who have applied for employment, or who have been employed, in this state.”

What This Means:

ALL California labor laws apply regardless of immigration status
Wage and hour protections apply to everyone
Safety rules protect all workers
Anti-discrimination laws cover all employees

California Labor Code Section 1024.6: Unfair Immigration-Related Practices

California law makes it illegal for employers to engage in certain immigration-related practices as punishment:

Asking for more documents than required by federal I-9 law
Refusing to accept documents that reasonably appear to be real
Using E-Verify at the wrong times or in the wrong ways
Filing or threatening to file false police reports
Contacting or threatening to contact immigration authorities as punishment

California Labor Code Section 244(b): Criminal Penalties for Immigration Retaliation

Employers face criminal prosecution for:

Reporting or threatening to report suspected immigration status to authorities
Punishing employees for using California labor rights
Threatening to report the immigration status of employee family members

Legal Assumption: If an employer takes adverse action within 90 days of an employee exercising protected rights, there is a legal presumption of retaliation.

Federal Protections: Constitutional and Labor Rights

Constitutional Rights (Apply to ALL Persons in the United States)

Fourth Amendment: Protection from unreasonable searches and seizures

Fifth Amendment: Right to remain silent and equal protection under law

Sixth Amendment: Right to legal counsel

Fourteenth Amendment: Due process and equal protection guarantees

Federal Labor Law Protections (Regardless of Immigration Status)

Fair Labor Standards Act (FLSA):

Minimum wage for all hours worked
Overtime pay at 1.5 times regular rate for hours over 40 per week
Protection from punishment for asserting wage rights

Occupational Safety and Health Act (OSHA):

Right to a safe workplace free from known hazards
Right to file safety complaints without punishment
Protection from employer punishment for safety concerns

National Labor Relations Act (NLRA):

Right to organize with coworkers about wages and working conditions
Right to join or form unions
Protection from employer punishment for organizing activities

Important Resources and Support

Immediate Legal Help

CHIRLA (Coalition for Humane Immigrant Rights)

Immigrant Help Line: 888-624-4752 (888-6-CHIRLA)
Legal Help: 213-201-3797
EMPLEO National Wage Theft Hotline: 877-552-9832
Main Phone: 213-353-1333
Address: 2533 West 3rd Street, Suite 101, Los Angeles, CA 90057

Immigrant Defenders Law Center

Rapid Response Hotline: (213) 833-8283 (Mondays-Fridays 9 AM-4 PM)
Website: ImmDef.org

National Immigration Law Center (NILC)

LA Phone: 213-639-3900
Website: nilc.org
Emergency Response Resources

For Emergency Legal Help:

Immigrant Defenders Law Center Rapid Response: (213) 833-8283
CHIRLA Immigrant Help: 888-624-4752

For Raid Reporting:

TRUST Hotline: 844-878-7801 (California)
Immigrant Defense Project: immdefense.org/ice-arrests

Additional Resources

https://employeecivilrightsgroup.com/wp-content/uploads/2025/06/KYR-new-ENG-WORKPLACE-HANDOUT.pdf

https://employeecivilrightsgroup.com/wp-content/uploads/2025/06/WORKER_AND_FAMILY_READINESS_DcciBRh.pdf

Protecting Against Retaliation: What the Law Says

Federal Anti-Retaliation Protections

Under federal law, it is illegal for employers to punish workers for:

Filing complaints about unpaid wages or unsafe working conditions with federal agencies
Organizing with coworkers about workplace issues or joining unions
Reporting employer violations to government agencies
Asserting any workplace rights protected by federal law

These protections apply to ALL workers regardless of immigration status.

Enhanced California Anti-Retaliation Protections

California provides even stronger protections. It is a civil violation for employers to engage in unfair immigration-related practices as punishment, and criminal penalties apply for immigration status retaliation.

Legal Assumption of Retaliation: If an employer takes adverse action within 90 days of an employee exercising protected rights, there is a legal presumption that the action was taken in retaliation. The employer must prove by clear and convincing evidence that the action was NOT punishment.

Trusted Legal Guidance

At Employee Civil Rights Group, we’re dedicated to making complex legal matters easier for everyone to understand. We know that laws, especially those related to immigration and employment, can often be confusing and overwhelming. That’s why we’re here to break down these laws in simple terms and guide everyone through them.

Legal Disclaimer

This blog post provides general information for educational purposes only and does not constitute legal advice. Immigration and employment law are complex and rapidly changing areas of law. Each situation requires individual legal analysis by qualified attorneys.

For immediate legal help, contact the nonprofit legal organizations listed above or consult with qualified immigration and employment attorneys. Do not rely solely on this information for legal decision-making.