“All workers, even those who are undocumented, have legal rights.”
1. You have the right to remain silent.
Employees may refuse to speak to immigration officers. Employees do not have to answer any questions. If immigration officers (or local police authorized by ICE to act as immigration enforcement) do not have a warrant that names or otherwise specifies a person or people employed at a business, employees at a restaurant are under no obligation to speak with officers.
If an official enters a place of business with a warrant that lists the name Joe Smith, but then asks another employee, John Doe, about his immigration status, Doe should not respond. If Doe is not on a warrant he is not under suspicion for arrest, but if he says something about his immigration status or anything that might raise an officer’s suspicions, under the new executive order, he could also be arrested or detained.
The Fourth Amendment (which protects against unreasonable searches of persons or property) and the Fifth Amendment (requiring due process of law) protect all workers in the U.S. — regardless of immigration status — from unlawful questioning, accusations, and arrest. These rights exist whether a person is confronted in their home or public, such as in a place of employment.
Employees should stay silent or say they are exercising their right to remain silent. Employees should not volunteer information such as where they were born or how they entered the U.S. Employees may also choose to print a Know-Your-Rights-Card to present to authorities if approached or apprehended.
2. You have a right to speak with a lawyer.
3. You should not sign anything.
Emboldened by President Trump’s recent statements, ICE officials may attempt to try to get the accused to sign away their rights. Employees should not sign anything unless they know what they are signing.
4. You may decline a mobile finger print scan when presented with a scanner.
… provided said employee is not named in a warrant.
5. You should carry valid immigration documents when appropriate.
Employees should not carry documentation from another country, which, if discovered, could be used as evidence against them.