Navigating Immigration Enforcement: Employer Rights and Workplace Protection
Be Prepared and Stay Protected — July 9, 2025
Following up on our previous session on worker rights, TRP's July 9 livestream with Illinois Workers in Action covered employer rights during immigration enforcement activities. Watch the video below and continue reading for the highlights.
Key Takeaways for Employers
The session highlighted several important rights that business owners should be aware of:
Right to a Safe Workplace: Employers have both the right and responsibility to maintain a safe, secure environment for all employees regardless of immigration status. This includes freedom from unnecessary disruptions and harassment.
Right to Manage Business Operations: Government agencies, including I.C.E., cannot interfere with business operations without proper legal documentation. Employers can request judicial warrants before allowing access to records or premises.
Right to Privacy: Within legal limits, employers have privacy rights over business records and premises.
Right to Refuse Entry: Business owners can refuse entry to non-public areas and deny cooperation unless agents present a valid judicial warrant. It is not illegal to decline entry, ask officers to leave, or request legal review first.
Employment Eligibility Verification: While employers must verify employment eligibility, they should avoid practices like re-verifying documents for current employees without cause, which could be considered discriminatory.
Creating a Workplace Protection Plan
With the recent increase in workplace raids, it is critical for employers to be prepared, and prepare their workers, in case I.C.E. shows up. Employers should create a comprehensive workplace protection and response plan that includes:
Clear protocols for handling law enforcement visits
Training for identifying different types of warrants
Staff training, especially for front desk and management personnel
Designated response team members
Practice drills (similar to fire drills)
Communication strategies, including using keywords to alert staff
Post-incident support resources for affected workers
*Note: Watch the video for more detailed guidance on how to get started
Staying Calm Under Pressure
While we recognize that it is difficult to remain composed during immigration enforcement encounters, but it is important to not run or panic, as this could escalate the situation. Regular practice drills are recommended to help staff respond effectively during high-stress moments.
Resources for Employers
Several organizations can provide support to business owners:
Small Business Development Institute (Illinois Department of Commerce and Economic Opportunity)
Illinois Hispanic Chamber of Commerce (and other local chambers)
Request a Presentation
Illinois Workers in Action offers in-person or virtual presentations for businesses on these topics. Interested employers can contact them at info@illinoisworkersinaction.org or scan the QR code provided during the livestream.
For more information on employer rights, employers can reach out to any of the organizations mentioned above.
For more information on immigrant rights, visit our Know Your Rights page.
