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Employees: Know your rights in the workplace

The government could come to your workplace for different reasons. They could request access to specific areas of the premises, seek information about employees or documentation, or serve a subpoena or warrant for records or to inspect physical areas.

Below is further information and frequently asked questions about employees’ rights in the workplace.

Will I be able to recognize the federal agents?

Agents may wear uniforms labeled “Police,” “Federal Agent, “HSI,” or “ICE” and may be accompanied by local law enforcement. It is important to stay calm and follow company procedures.

What should I do if ICE arrives on site?

Remain calm and do not run. You can calmly walk to the exit and ask to leave.

What are my rights if federal agents stop and question me?

Your rights include:

  • Right to Speak with an Attorney. If you are detained or questioned, you have the right to contact and hire an attorney. You should refuse to sign any paperwork until you have had the opportunity to speak with an attorney.
  • Right to Remain Silent. You are not required to answer questions from the government about your immigration status, where you were born, or how you entered the United States. You do not have to share information about other family or community members either. Some state laws require you to provide your name to law enforcement if asked, but you do not have to answer other questions. You should tell the officer that you are exercising your right to remain silent. Do not lie about your name, status, or provide false documents.
  • Right to Refuse Documentation Requests. You are not obligated to provide identification or papers that disclose your nationality or citizenship.
  • Freedom of Movement. Agents cannot require you to stand in specific groups based on immigration status. You may move to a neutral area.

Can ICE lie to me?

Yes, ICE can use lies to get you to take specific actions. You do not have to agree with an officer’s statement or follow them to their office or any other government office.

What if I need to leave while the federal agents are here?

If you need to leave (e.g. need medication, medical attention, or have family responsibilities), calmly notify your supervisor or the company representative. They will let the agents know.

What are my responsibilities if ICE arrives at my workplace?

Your responsibilities include:

  • Direct Agents to a Company Representative. Politely inform agents that you are not authorized to provide information or consent and refer them to the company’s designated representative.
  • Ask Agents to Remain in Public Area. Ask agents to remain in a public space while you contact the company representative.
  • Remain Calm and Stay on Site. Do not run, hide, or leave the premises. These actions could escalate the situation.

Is there anything I should do now?

Ensure that your emergency contact information is up to date with HR so that your employer can notify them in the event of detention or an extended investigation.

Click here to download a printable, PDF version of this story.

MORE — Know Your Rights at Home and in Public

This Q&A is intended for informational purposes only and does not constitute legal advice.


As always, please do not hesitate to contact Garfinkel Immigration Law Firm at 704-442-8000 or via email with any questions.

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