Dealing with ICE in the workplace

This page was last updated March 2025.

This guidance is intended to provide information and clarity about the rights and obligations of employers and workers during immigration enforcement at the workplace. In New York state, workers have rights regardless of their immigration status. New York’s labor laws protect workers, no matter their immigration status or work authorization. This includes laws that require minimum wage and overtime pay, laws that prohibit discrimination, and laws that prohibit retaliation. 

The Office of the New York State Attorney General takes claims of retaliation against workers because of their immigration status seriously. You can report violations of New York’s labor laws with our office.

What is an ICE raid?  

The U.S. Immigration and Customs Enforcement (ICE) is part of the U.S. Department of Homeland Security. During an ICE raid, ICE agents appear at a worksite, without previous notice, as part of an investigation. ICE agents are not police officers, although their uniforms may say “police” or “federal agent.” Sometimes local police or other law enforcement accompany ICE agents on raids.  

How can I prepare for an ICE raid? 

Employers and employees may review this document and other available information and develop a plan of what to do if an ICE raid occurs. 

What can ICE legally do at my workplace?  

ICE can enter the public space of your workplace without any permission or warrant: 

• A public space is where members of the public are generally permitted.
• For example, public spaces include the publicly accessible areas of supermarkets, retail stores, and restaurants, as well as building lobbies. 

ICE cannot legally enter a private space of your workplace without a judicial warrant or your employer’s permission:  

• A private space is an employees-only area where members of the public are generally not allowed.
• This protection applies also to the private spaces in factories and on farms.
• Typical private spaces include private offices, breakrooms, storage rooms, and back-of-house kitchens.
• Indicators that a space is private may include posting of “Private” signs, locked doors, and policies that state that visitors and the public cannot enter those spaces without permission. 

Can an employer ask ICE to show identification? 

Yes. If you are an employer, you can ask ICE agents to show identification. If they refuse, you can document their appearance or other identifying characteristics. 

Can an employer ask if ICE has a judicial warrant? 

Yes. If you are an employer, you can ask ICE if they have a judicial warrant:  

• A judicial warrant is a warrant from a court that is signed by a judge.
• You can ask ICE agents for a copy of the judicial warrant.
• If the agents do not have a judicial warrant, you do not have to let them enter private spaces in your workplace.  

Can ICE agents enter private spaces with an administrative (not judicial) warrant? 

No. An administrative warrant does not give ICE the legal authority to enter a private space without the employer’s consent. If ICE agents present an administrative warrant, you do not have to let them enter private spaces in your workplace.

What is the difference between a judicial and an administrative warrant? 

Must I answer ICE’s questions? 

No. If you are a worker or an employer, you do not have to answer any questions that ICE asks. You have the right to remain silent. You do not have to provide any paperwork to ICE. You can ask to have an attorney present. 

If ICE shows an employer an administrative warrant seeking a certain person, the employer does not have to:  

• say whether a specific employee is working that day
• take ICE agents to an employee named on the warrant  

What if ICE searches a person or a private space without permission or a judicial warrant? 

It is important to try to remain calm. You can ask if you are free to leave. 

If you are being searched, you can say, “I do not consent to your search.”  

If you are an employer, you can say, “I do not consent to your search or to you entering this private area.” Your statement may be important in a future legal proceeding.  

If ICE continues the search anyway, do not physically try to stop them. If you can, without interfering with the officers, document what happened including whom you spoke to, what you said, and what their response was. You can write this information down on a piece of paper or log it in your phone. 

What if ICE does not have a judicial warrant and is interfering in workplace operations? 

You can document the agents’ names and titles and how their conduct is interfering with your work. You can ask them to leave, if you feel safe doing so. 

What is an I-9 audit?  

A I-9 Audit is when ICE inspects whether a business has confirmed a worker’s identity and work authorization: 

• Employers must keep I-9 forms for three years after hiring a worker, or for one year after the worker’s last day of work, whichever is later.
• Once a worker has filled out an I-9 form, they do not have to fill it out again unless there is a valid legal reason.
• Employers are not required to keep copies of a worker’s identity or work-authorization documents.  

I am an employer. Can ICE conduct I-9 audits at my workplace? 

Yes. ICE does not need a judicial warrant or permission to conduct an I-9 audit. 

• If ICE wants to see your I-9 forms, it must give you as the employer at least three days’ notice.
• ICE may ask you to waive the three-day notice, but you as the employer can deny that request.
• You must allow ICE reasonable access for the audit.