MICHIGAN-Attorneys are taking steps to sound the alarm on the Trump administration’s aggressive enforcement and practices that have so far targeted thousands of immigrants across the country.
Amid the ongoing campaign aimed at detaining and deporting undocumented immigrants, “Know Your Rights” seminars have been materializing across the country that are educating business owners on how to navigate their way if the Homeland Security Investigations (HSI)[1] comes knocking on their door.
Atiya Law recently contributed to an online seminar with the Institute of Continuing Legal Education (ICLE), a Michigan based agency that keeps attorneys up to par with evolving laws and regulations, giving them the confidence to best serve their clients’ needs.
Among the points Atiya Law highlighted was how business lawyers could best prepare employers to handle immigration enforcement in the workplace and what’s at stake when they hire immigrants. It was encouraged that businesses flag these issues ahead of time so that they don’t run into issues when it comes down to an audit.
Every employer is required to complete Form I-9, Employment Eligibility Verification whenever a new employee is hired, regardless of whether the employee is a United States citizen, permanent resident (green card holder), or on a work visa. This form is the employer’s confirmation of both identity and work authorization. Penalties for not completing this verification can lead to costly fines that could potentially shutter a business. The violation is calculated per employee and per day per violation, driving fines to hundreds of thousands or even millions of dollars. In some cases, businesses could even face criminal liability and loss of licensure.
If a business is relying on overseas labor contracts, it is encouraged that the business seek advice regarding HR policies that highlight trafficking concerns, anti-discrimination laws, and fair labor practices in order to closely comply with the Department of Labor standards.
While business owners should stay vigilant when it comes to who they hire, Atiya Law stressed that it is illegal to discriminate based on national origin or citizen status. Employers can’t reject an applicant just because they aren’t a U.S. citizen, but they must be able to confirm that they are legally authorized to work.
Businesses and ICE
For ICE or HSI to enter a business, they must obtain a warrant signed by a judge. The warrant procedure is highlighted under the 4th amendment, which protects people, both citizens or noncitizens from “unreasonable searches and seizures.”
In most cases ICE is operating under the umbrella of two very different types of warrants. First is the administrative warrant, typically used as a warrant for an immigrant’s arrest. It usually lists the person the agency is trying to locate and may also include a picture of that individual. This type of warrant allows the agency to arrest the person in public.
Administrative warrants are usually signed by ICE officers and not judges. They do not require the same evidence as a judicial warrant. With this type of warrant, it is important for owners to know that it does not give the agency permission to enter their business or private residence without their consent.
A judicial warrant on the other hand usually gives ICE authority to search a specific location without consent. This type of warrant is authorized by a judge when there is probable cause that an individual has committed a crime. The warrant must be very specific in terms of what location officers intended to search as well as describing what they intend to recover. This type of warrant must meet the standards of the 4th amendment.
If presented with a situation where ICE is at your doorstep, it is important that you speak to them while the door is closed to prevent them from entering. If an officer does not have an arrest or search warrant, you have the right to refuse entry.
If an immigration officer attempts to ask for work documents from an employer, the company should have an experienced attorney to help them review whether the officers have the authority to ask for that information with the warrant they are presenting.
Not having valid documents or falling out of status as an immigrant is a civil offense, and not a crime. However, ICE will obtain a criminal warrant if it believes a business is operating a large-scale undocumented worker operation.
One recent example of this enforcement action was the massive immigration raid that took place earlier this month in Georgia at a Hyundai battery plant, which led to over 475 arrests. All individuals taken into custody were suspected of living and working illegally in the country. It marked the largest sweep yet in the Trump administration’s current crackdown.
ICE’s approach to enforcement is outlined in their statements. “Like all other law enforcement officers, ICE officers and agents can initiate consensual encounters and speak with people, briefly detain aliens when they have reasonable suspicion that aliens are illegally present in the U.S. and arrest people they believe are illegal aliens,” ICE stated.
With the Trump administration ratcheting up their efforts, these conversations should continue amongst attorneys and professionals. Atiya Law will be speaking at an upcoming webinar for the University of Michigan Health’s Adolescent Health Initiative titled Immigration Raids: Impacts on Youth and Knowing Your Rights, on Wednesday, November 5, from 11 – 12:30 pm EST, where they will be joined by health care professionals, educators, and youth-serving community professionals.
If you or a family member need information regarding a specific case or the assistance of experienced attorneys fighting for people like you every day, call our 24/7 English-Spanish line at 248.951.2450 or reach out to us at Atiya Law.
[1] HSI is the investigation arm of the Department of Homeland Security (DHS) and would likely be the agency to carryout this type of investigation and prosecution.