Immigrants' Rights

YOU HAVE CONSTITUTIONAL RIGHTS

Your Rights

• You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court. 
  • Key words: “I want to remain silent.”
• You have the right to speak to an attorney before answering any questions, showing documents, or signing anything. 
  • Key words: “I want to speak to an attorney.”
• If an immigration agent or police officer asks if they can search you, you have the right to say no. They do not have the right to search you or your belongings without your consent or probable cause.
  • Key words: “I do not consent to a search.”

Exceptions

1. Nevada: stop and identify laws
   • You must provide your name if police have reasonable suspicion 
   • You don’t have to answer any other questions. You do not have to tell them where you are from, where you were born, or your nationality. 
   • You do not have to show proof of your identity. 
2. If you’re over 18 and a non-citizen, carry your papers with you at all times. If an immigration agent requests your immigration papers, the law requires that you share them if you have them with you.
   • If you don’t have them, you still have the right to remain silent and the right to an attorney.
3. IMPORTANT: Lying or giving false documents may violate the law.

WHAT IF I AM ARRESTED?

Your Rights

• The same rights apply, BUT also: 
  • If you are arrested by police for a crime, you have the right to a government-appointed lawyer.
  • If you are detained by ICE for an immigration violation, you have the right to consult with a lawyer, but the government is not required to provide one for you. You can ask for a list of free or low-cost alternatives.
  • If you have been detained by ICE, you have the right to contact your consulate or have an officer inform the consulate of your detention.

What to Do if You Are Arrested

• Remain calm.
• You can invoke your rights.
• Recommendation: Always get a lawyer before doing anything (ex., signing documents, etc.). 
• If you are a non-citizen and arrested for a crime: 
  • Ask your defense attorney about the effect of a criminal conviction or plea on your immigration status. 
  • If you share information with people who are not your lawyer, it may not be protected.
  • While you are in jail, an immigration agent may visit you. You are not required to answer questions or sign anything. If you do not understand or cannot read the papers, you can tell the officer you need an interpreter. OUR RECOMMENDATION IS SPEAK TO A LAWYER BEFORE DOING ANYTHING.

WHAT IF I AM ARRESTED WHILE IN TRANSIT?

In a Car

• You CAN invoke your rights.
  • Applies to driver and passenger
• Upon request, the law requires that you show police your driver's license, registration, and proof of insurance if you are the driver.
• In addition to police, Border Patrol conduct “roving patrols” around the interior of the U.S., pulling over motorists. 
  • Not likely to occur in Nevada since we are further than 100 miles from the border.
  • Border Patrol must have reasonable suspicion that the driver or passengers in the car committed an immigration violation or a federal crime.
  • Any arrest or prolonged stop by Border Patrol requires probable cause. 

At a Point of Entry

• Customs officers can ask about your immigration status when entering or leaving the country. 
• Lawful permanent resident: ONLY required to answer questions establishing your identity and permanent residency. 
• Non-citizen visa holder: You may be denied entry into the U.S. if you refuse to answer questions.

WHAT IF POLICE OR ICE COME TO MY HOME?

Your Rights

• Same three rights apply
• You do NOT have to let police or immigration agents into your home unless they have a judicial warrant. 
  • A judicial warrant must be signed by a judge and say “U.S. District Court” or a Nevada State Court at the top. 
  • A warrant of removal/deportation (Form I-205) is an administrative warrant, not a judicial warrant, and it does not allow officers to enter a home without consent. 
• If agents have a judicial search warrant, they are legally allowed to enter the home and search the premises. 

How to Assert Your Rights

• NOT required to open the door for ICE if they don’t have a judicial warrant. 
• CAN ask if they are immigration agents and what they are there for.
• CAN ask for a badge or identification through the window or peephole.
  • Always okay to ask questions to stay safe. 
• CAN ask if they have a warrant signed by a judge. You CAN ask them to slide it under the door or hold it up to a window so you can inspect it.
• CAN keep the door closed and say, “I do not consent to your entry.”
• CAN say, “I do not consent to your entry or to your search of these premises.” 
• CAN assert your right to remain silent and right to speak to your attorney. 
• Lying or producing any false documents may violate the law.
• Physically resisting, even if you think your rights are being violated, may violate the law and get you hurt. 
• GET A LAWYER BEFORE SIGNING ANYTHING.

WHAT DOCUMENTS TO CARRY

• Useful for asserting rights: 
  • Know Your Rights Cards
  • State and local forms of identification – State driver’s license, state identification card, City Identification card, Library card, etc. 
  • Copies (not original) of immigration documents showing lawful status 
  • Contacts: Legal service provider, emergency contact
• Documents that might be used against you in court: 
  • Consular identification card 
  • Other documents identifying you as a citizen of another country

FAMILY PREPAREDNESS PLAN

• Create an organized plan of action with access to important information 
• Generally, includes: 
  • Child Care Plan
    • Include emergency numbers, a list of important contact information, and a file with important documents.
  • Information on your legal efforts to obtain status
    • Main legal point of contact if anything happens 
    • All documents 
  • Familiarize yourself and your family with the rights you have as an undocumented individual. 
    • Keep a “Know Your Rights” card. 

IF YOU BELIEVE YOUR RIGHTS WERE VIOLATED

• Write down everything you remember, including officers’ badges and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses.
• If you’re injured, seek medical attention immediately and take photographs of your injuries.
• File a written complaint with the agency. 
• File a report on our website.

WHAT EMPLOYERS CAN DO IF IMMIGRATION COMES TO A WORKPLACE

Immigration agents may come to your workplace for a Form I-9 audit, a raid, or to seek information about an employee.

What is a Form I-9?

• A Form I-9 audit is when ICE comes to your business to check if you followed the rules for Form I-9.
• Form I-9 confirms a worker’s identity and authorization to work in the U.S.

Emploer I-9 Requirements

• The employer sanctions law requires employers to hire only individuals who may legally work in the U.S.
  • U.S. citizens
  • Noncitizen nationals
  • Lawful permanent residents
  • Other noncitizens who are authorized to work
• To comply with the law, employers are required to:
  • Verify the identity and employment authorization of each person they hire;
  • Complete and retain a Form I-9 for each employee; and
  • Refrain from discriminating against individuals on the basis of national origin, citizenship, or immigration status

I-9 Retention Requirements

• The law requires an employer to keep a current employee’s Form I-9 and any copies (or electronic images) for as long as the employee is employed and for a certain amount of time after they stop working for them.
• To calculate how long to keep a former employee’s Form I-9:
  • If they worked for less than two years, the law says to retain their form for three years after the date the employer entered in the First Day of Employment field.
  • If they worked for more than two years, the law says to retain their form for one year after the date they stopped working. 

I-9 Production Requirements

• Employers do not have to keep I-9 forms and documents at their place of employment, but the law states that they have three business days from the date of an inspection request to present them.
• Employers do not have to ask a worker to fill out a Form I-9 more than once unless their work permit is about to expire or they have another valid legal reason.
• Note: Employers do not have to keep copies of a worker’s ID or work authorization documents.

What Employers Can Do in an I-9 Audit

• When ICE notifies an employer that there will be a Form I-9 audit, the employer can contact an immigration lawyer. 
• Employers can notify their workers and the union representative about the audit. 
• Employers have the right to speak to their lawyer before answering questions or signing ICE documents.  
• ICE may find that some employees are not authorized to work. If that happens, ICE will give employers 10 days to provide valid work authorization for these employees. 
• If this happens, the law says an employer must notify the affected workers of the audit. 
• Employers can ask ICE for more time. This will give affected workers more time to talk to an immigration lawyer. 

WHAT IS AN ICE RAID?

• ICE agents go to a worksite without warning as part of an investigation into undocumented workers.

LEGAL PROTECTIONS

For Public Areas

• Anyone, including ICE agents, can enter the public areas of a business without permission. 
• Public areas can include a dining area in a restaurant, a parking lot, a lobby, or a waiting area. 
• Being in a public area does NOT give ICE the authority to stop, question, or arrest anyone. 

For Private Areas

• Federal agents can enter a private area ONLY IF they have a judicial warrant. A judicial warrant must be signed by a judge and say “U.S. District Court” or a State Court at the top.
• Without a judicial warrant, ICE agents need consent to enter private areas of a business.
• If ICE agents try to enter a private area, you have the right to say: “This is a private area. I do not give consent for you to enter.” 
• If ICE agents tell you that they have a judicial warrant, you can ask for a copy to read.
• An administrative warrant does NOT allow agents to enter private areas without permission. 
• Common Practice: You can mark areas with a “private” sign, keep the doors closed or locked, and have a policy that visitors and the public cannot enter those areas without permission.

During the Raid

• Employers can instruct workers to stay calm and not run to the exits. 
• When ICE shows an administrative warrant with an employee’s name on it:
  • Employers DO NOT have to say if that employee is working on that day or not.
  • Employers DO NOT have to take the ICE agents to the employee named in the warrant (even if they are at work at that time).
• Employers DO NOT have to help ICE agents sort people without a lawful order. 
• Employers can watch the agents and see if they are complying with what’s written in the warrant.
• Everyone has a right to video or record what the ICE agents do as long as they do not interfere with enforcement. It can be used to prove the agents violated people’s rights.

What if ICE Agents Try to Stop, Question, Detain, or Arrest a Worker?

• Workers have the right to stay silent and ask for an attorney.

• Any information that workers give to ICE can be used against them later. 

Immediately After the Raid

• You can write or record these things after ICE leaves:
  • How many ICE agents were present (inside and outside)?
  • How were the agents dressed? How were they armed?
  • Did the agents make you or your workers believe you could not move or leave? 
  • Did the agents mistreat anyone? If yes, how? 
  • Did they have a judicial warrant?
  • Was local or state law enforcement present?
• You can notify the employees’ union.
• If ICE arrests any workers, you can ask the ICE agents where they are being taken. This information will help the worker’s family and lawyer find the person. 
• You can save any footage from the workplace that may have been recorded. 
• Documenting the actions of the agents and any violations can be helpful in legal proceedings.

Preparation Checklist

• Consider finding a qualified immigration lawyer now - before anything happens.
• Preparing a written Response Plan and practicing with your workers might help.
• You can provide a Know Your Rights training for all your staff
• You can train your staff
  • To stay calm/not run away if ICE agents show up. 
  • To not give ICE agents permission to enter your workplace.
  • To not answer any questions or give any information.
• You and your workers have the right to stay silent and ask to talk to a lawyer.
• You can give your workers a list of lawyers or organizations that can provide high-quality, free, or low-cost immigration legal advice for them and their families.
• You can connect with an immigration response network in your area.

SENSITIVE LOCATIONS

• In Jan. 2025, President Trump lifted ICE policies that limited immigration enforcement actions in places that are recognized as sensitive locations, such as schools, hospitals, places of worship, and public demonstrations such as marches, rallies or parades.
• The administration might plan to conduct enforcement actions in sensitive locations, including but not limited to arrests, interviews, and surveillance. As of today, this is not happening in Nevada.

WARRANT REQUIREMENT

• A warrant is required, whether the sensitive location policy is in effect or not. 
• Immigration officials cannot enter private areas of a school if they don’t have a judicial warrant or your consent. 
• IMPORTANT: The warrant must be a “judicial warrant” (for an arrest or a search of the premises) which is signed and issued by a judge. Immigration officials are not allowed to use an “administrative warrant” to enter any private spaces.

WHAT YOU CAN DO

Some schools have established the following process if agents show up:

• Meet the ICE officer at the school entrance, where all visitors are screened for entry.
• Obtain the ICE officer’s name and ID, the phone number of the officer’s supervisor, and the reason for the visit during school hours.
• Obtain any documentation from the officer (e.g., subpoena, search warrant, arrest warrant).
• Advise the officer that any employee of the school is required by district protocols to notify and obtain guidance from the district legal counsel.
• Advise the officer to wait outside the school building while you reach out to legal counsel.
• Notify district legal counsel.
• Wait while legal counsel reviews the materials and gives instructions on next steps. 
• Contact the parents or guardians of the student(s) in question immediately after consulting with district legal counsel.

SCHOOL OBLIGATIONS UNDER FEDERAL LAW

• A state may not deny access to public K-12 education to any child residing in the state whether present in the U.S. with or without current immigration status.
• Schools may not bar a student from enrolling because the student lacks a birth certificate or social security number or has a record that indicates a foreign place of birth.
• Title IV and VI of the Civil Rights Act of 1964 prohibit discrimination based on race, color, or national origin, among other factors, by public elementary and secondary schools, and other (private) schools and programs that accept federal funding.
• Schools have the responsibility to care for children in place of their parents while children are at school.
• These laws give the school authority and the obligation to protect undocumented students, including from ICE.

FEDERAL EDUCATION RIGHTS AND PRIVACY ACT OF 1974

• The Family Education Rights and Privacy Act of 1974 (FERPA):
  • Prohibits schools and school districts that receive federal funds from releasing personal information contained in a student’s education records without the written consent of the parent or adult (18+) student. 
  • Requires schools and school districts to maintain a record, within the student’s record, of all individuals,  agencies, and organizations that have requested the student’s personal information.

Exceptions to FERPA: Directory Information

• Schools may disclose directory information without consent.
• HOWEVER, they are required to allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them.
• If a school or school district is asked to release directory information for purposes of immigration enforcement, a school cannot release it, as doing so would violate federal law.
• Common Practice: Schools and school districts can create policies that limit what information is considered directory information.

Exceptions to FERPA: Subpoenas

• FERPA allows a law enforcement officer to obtain personal information from a school if they have a valid court order or judicial subpoena. 
• A valid subpoena requires: 
  • A Judge or a Federal Court clerk’s signature 
  • The target of the subpoena (in this case, FERPA information).
  • The address of the target of the subpoena (the school).
• An "ICE subpoena” and deportation orders are NOT valid judicial subpoenas. Schools do not have to honor them.

What You Can Do

• In responding to a law enforcement officer presenting a court order or a subpoena, some schools use the following process:
  • Alert the Superintendent, or whoever is designated as the point of contact, and the school attorney before taking any actions.
    • Superintendent: Speak with the school’s attorney to make sure that the court order or subpoena is valid. 
    • The attorney may also be able to quash (determine invalid and unenforceable) a seemingly valid subpoena.
• The law requires schools to alert the affected family unless the subpoena explicitly states that they may not.
• A school cannot release personal information if the subpoena is invalid.

Exceptions to FERPA: School Officials

• FERPA allows “school officials” and outside entities performing an “institutional service or function” to obtain personal information from a student’s file.
• It is possible that a school might invoke this exception for police officers performing some "institutional service or function" for the school. 
  • The info cannot be redisclosed (or shared) to law enforcement for a law enforcement investigation.

NEVADA SPECIFIC REQUIREMENTS

• Pursuant to NRS 388.267, the education department is required to adopt any policies and procedures necessary to ensure the privacy of data concerning pupils which are consistent with relevant state and federal privacy laws, including FERPA.
• NRS 388.406
  • A pupil who is an English learner has the right to receive a free appropriate public education regardless of the immigration status or primary language of the pupil or the parent or legal guardian of the pupil.
  • The parent or legal guardian of a pupil who is an English learner has the right to enroll his or her child in a public school without disclosing the immigration status of the parent or legal guardian.

PROACTIVE STEPS YOU CAN TAKE NOW

• You can:
  1. Encourage your school board to adopt a “safe zone” resolution. If your school board already has one in place, you can encourage them to amend the resolution to address the current attacks on immigrants. 
  2. Inform students and their families of their rights - distribute “Know Your Rights” materials to students and communities about what to do if a raid occurs or an individual is detained.
  3. Stress the importance of taking proactive steps to ensure the safety and well-being of children and entire communities.
  4. Find out if there is a local immigration rapid response team in your community.
  5. Provide a safe place for students to wait if a parent or sibling has been detained.
  6. Provide counseling for students who have had a family member detained by ICE.
  7. Maintain a list of resources, such as the names of social workers, pro bono attorneys, and local immigration advocates and organizations, that can be shared with your students and their families.
  8. Identify someone at your school who can serve as the immigration resource advocate in your building or on campus.
  9. Work with parents to develop a family immigration raid emergency plan.

SENSITIVE LOCATIONS

• In Jan. 2025, President Trump lifted ICE policies that limited immigration enforcement actions in places that are recognized as sensitive locations, such as schools, hospitals, places of worship, and public demonstrations such as marches, rallies or parades.
• The administration might plan to conduct enforcement actions in sensitive locations, including but not limited to arrests, interviews, and surveillance. As of today, this is not happening in Nevada.

WARRANT REQUIREMENT

• A warrant is required, whether the sensitive location policy is in effect or not. 
• Immigration officials cannot enter private areas of a university if they don’t have a judicial warrant or your consent. 
• IMPORTANT: The warrant must be a “judicial warrant” (for an arrest or a search of the premises) which is signed and issued by a judge. Immigration officials are not allowed to use an “administrative warrant” to enter any private spaces.

FAMILY EDUCATION RIGHTS AND PRIVACY ACT OF 1974

• The Family Education Rights and Privacy Act of 1974 (FERPA):
  • Prohibits schools and school districts that receive federal funds from releasing personal information contained in a student’s education records without the written consent of the parent or adult (18+) student. 
  • Requires schools and school districts to maintain a record, within the student’s record, of all individuals,  agencies, and organizations that have requested the student’s personal information.

Exceptions to FERPA: Directory Information

• Schools may disclose directory information without consent.
• HOWEVER, they are required to allow students a reasonable amount of time to request that the school not disclose directory information about them.
• If a school or school district is asked to release directory information for purposes of immigration enforcement, a school cannot release it, as doing so would violate federal law.
• Common Practice: Schools and school districts can create policies that limit what information is considered directory information.

Exceptions to FERPA: Subpoenas

• FERPA allows a law enforcement officer to obtain personal information from a school if they have a valid court order or judicial subpoena. This could apply to students or employees.
• A valid subpoena requires: 
  • A Judge or a Federal Court clerk’s signature 
  • The target of the subpoena (in this case, FERPA information).
  • The address of the target of the subpoena (the school).
• An "ICE subpoena” and deportation orders are NOT valid judicial subpoenas. Schools do not have to honor them.

What You Can Do

• In responding to a law enforcement officer presenting a court order or a subpoena, some schools use the following process:
  • Alert the school president, or whoever is designated as the point of contact, and the school attorney before taking any actions.
    • Why do they do this?
      • President: Speak with the school’s attorney to make sure that the court order or subpoena is valid. 
      • The attorney may also be able to quash (determine invalid and unenforceable) a seemingly valid subpoena.
• The law requires schools to alert the affected student unless the subpoena explicitly states that they may not.
• A school may not release personal information if the subpoena is invalid.

Exceptions to FERPA: School Officials

• FERPA allows “school officials” and outside entities performing an “institutional service or function” to obtain personal information from a student’s file.
• It is possible that a school might invoke this exception for police officers performing some "institutional service or function" for the school. 
  • The info cannot be redisclosed (or shared) to law enforcement for a law enforcement investigation.

CAN FEDERAL IMMIGRATION ENFORCEMENT OFFICERS ENTER THE HOME/APARTMENT OF A STUDENT LOCATED ON SCHOOL GROUNDS?

• Not without a judicial warrant or consent. 
  • A student’s rights are the same regardless of whether they live on campus or off campus, and they have a reasonable expectation of privacy protected by state and federal laws.  
  • A student can refuse to give consent to enter their residence if the law enforcement officer does not have a judicial warrant, regardless of what that officer might say.
• Administrative warrants do not authorize officers to enter a home without consent.
  • A warrant of removal/deportation (ICE Warrant) is a civil or administrative warrant and is not signed by a judge. 
• In all cases, individuals can invoke the right to remain silent and not sign any documents without a lawyer present. 

WHAT TO DO IN THE EVENT OF A RAID

• Have a process in place
  • You can train employees not to talk to ICE - they can say, “You are not permitted to enter. You must speak with the school president.” 
  • You can request that school security officers not assist ICE/CBP. 
• Remain calm
  • You can ask them to leave.
• You can ask for and inspect a warrant (or call the school attorney)
  • Remember: ICE cannot enter private areas without permission or a judicial warrant. You DO NOT have to give them permission. 
  • If ICE enters without permission, physically resisting, even if you think your rights are being violated, may violate the law and get you hurt. 
• Remember: being in a public area does not give ICE the authority to stop, question, or arrest anyone
  • Everyone has a right to remain silent and speak to an attorney 
• If ICE shows you an administrative warrant with an employee’s or student’s name on it:
  • You do NOT have to say if they are present on campus. 
  • You do NOT have to take the ICE agents to them.

Proactive Steps You Can Take Now

• You CAN:
  • Inform students and their families of their rights.
  • Familiarize yourself with the policies and regulations of the university.
  • Find out if there is a local immigration raid rapid response team in your community. 
  • Provide a safe place for students to wait if a parent or sibling has been detained. 
  • Provide counseling for students who have had a family member detained by ICE. 
  • Maintain a list of resources, such as the names of social workers, pro bono attorneys, and local immigration advocates and organizations, that can be shared with your students and their families. 
  • Identify someone at your school who can serve as the immigration resource advocate in your building or on your campus. 
  • Work with students to develop a family immigration raid emergency plan. 
  • Make your school an ICE-free safe zone by pushing for protective policies.

WHAT EMPLOYERS CAN DO IF IMMIGRATION COMES TO A WORKPLACE

Immigration agents may come to your workplace for a Form I-9 audit, a raid, or to seek information about an employee.

What is a Form I-9?

• A Form I-9 audit is when ICE comes to your business to check if you followed the rules for Form I-9.
• Form I-9 confirms a worker’s identity and authorization to work in the U.S.

Employer I-9 Requirements

• The employer sanctions law requires employers to hire only individuals who may legally work in the U.S.:
  • U.S. citizens
  • Noncitizen nationals
  • Lawful permanent residents
  • Other noncitizens who are authorized to work
• To comply with the law, employers are required to:
  • Verify the identity and employment authorization of each person they hire;
  • Complete and retain a Form I-9 for each employee; and
  • Refrain from discriminating against individuals on the basis of national origin, citizenship, or immigration status

I-9 Retention Requirements

• The law requires an employer to keep a current employee’s Form I-9 and any copies (or electronic images) for as long as the employee is employed, and for a certain amount of time after they stop working for them.
• To calculate how long to keep a former employee’s Form I-9:
  • If they have worked for less than two years, the law says to retain their form for three years after the date the employer entered in the First Day of Employment field.
  • If they have worked for more than two years, the law says to retain their form for one year after the date they stopped working. 

I-9 Production Requirements

• Employers do not have to keep I9 forms and documents at their business, but the law states that they have three business days of an inspection request to present them.
• An employer does not have to ask a worker to fill out Form I-9 more than once unless their work permit is about to expire or they have another valid legal reason.
• Note: Employers do not have to keep copies of a worker’s ID or work authorization documents.

What Employers Can Do in an I-9 Audit

• When ICE notifies an employer that there will be a Form I-9 audit, the employer can contact an immigration lawyer. 
• Employers can notify their workers and their union representative about the audit. 
• Employers have the right to speak to their lawyer before answering questions or signing ICE documents.  
• ICE may find that some employees are not authorized to work. If that happens, ICE will give employers 10 days to provide valid work authorization for these employees. 
• If this happens, the law says an employer must notify the affected workers of the audit. 
• Employers can ask ICE for more time. This will give affected workers more time to talk to an immigration lawyer. 

What is an ICE Raid?

• ICE agents go to a worksite without warning as part of an investigation into undocumented workers.

LEGAL PROTECTIONS DURING A RAID

Sensitive Locations

• In Jan. 2025, President Trump lifted ICE policies that limited immigration enforcement actions in places that are recognized as sensitive locations, such as schools, hospitals, places of worship, and public demonstrations such as marches, rallies or parades.
• The administration plans to conduct enforcement actions in sensitive locations, including but not limited to arrests, interviews, and surveillance. As of today, this is not happening in Nevada.

Warrant Requirement

• A warrant is required whether the sensitive location policy is in effect or not. 
• Anyone – including ICE agents – can enter public areas of a healthcare facility without permission. 
• Immigration officials cannot enter private spaces if they don’t have a judicial warrant or your consent. 
• IMPORTANT: The warrant must be a “judicial warrant” (for an arrest or a search of the premises) which is signed and issued by a judge. Immigration officials are not allowed to use an  “administrative warrant” to enter any private spaces.
• Common Practice: You can identify and distinguish private spaces from public ones by placing signs that identify private areas, establishing policies that limit who has access, and assigning security guards to sign in visitors at main entrances.

During the Raid

• Employers can instruct workers to stay calm and not run to the exits. 
• When ICE shows an administrative warrant with an employee’s name on it:
  • Employers DO NOT have to say if that employee is working on that day or not.
  • Employers DO NOT have to take the ICE agents to the employee named in the warrant (even if they are at work at that time).
• Employers DO NOT have to help ICE agents sort people without a lawful order.  
• Employers can watch the agents and see if they are complying with what’s written in the warrant.
• Everyone has a right to video or record what the ICE agents do as long as they do not interfere. It can be used to prove the agents violated people’s rights.

What if ICE Agents Try to Stop, Question, Detain, or Arrest a Worker?

• Workers have the right to stay silent and ask for an attorney.
• Any information that workers give to ICE can be used against them later. 

Immediately After the Raid

• You can write or record these things after ICE leaves:
  • How many ICE agents were present (inside and outside)?
  • How were the agents dressed? How were they armed?
  • Did the agents make you or your workers believe you could not move or leave? 
  • Did the agents mistreat anyone? If yes, how? 
  • Did they have a judicial warrant?
  • Was local or state law enforcement present?
• You can notify the employees’ union.
• If ICE arrests any of your workers, you can ask the ICE agents where they are being taken. This information will help the worker’s family and lawyer find the person. 
• You can save any footage from the workplace that may have been recorded. 
• Documenting the actions of the agents and any violations can be helpful in legal proceedings.

PROTECTING INFORMATION

Health Insurance Portability and Accountability Act of 1966 (HIPAA)

• Restricts covered entities from disclosing a patient’s protected health information (PHI). 
• PHI includes:
  • Common identifiers such as a patient’s name, address, or unique numbers (e.g., social security number, passport number, or account number) when associated with the provision of or payment for health care. 
  • Any information included on any identification documents (including a passport or driver’s license) if that information identifies —or can reasonably be used to identify—an individual
  • Immigration status or country of origin alone typically would not constitute PHI. However, such information would constitute PHI if used in combination with other identifying information, such as the patient’s name or address. 

Exceptions to HIPAA: Subpoenas

• Valid court order or judicial subpoena
• A medical care provider must also comply with valid subpoenas issued by immigration judges if there is an already existing removal proceeding (and other requirements)
• Administrative subpoenas
  • BUT it MUST have the following:
  • The information sought is relevant and material to a legitimate law enforcement inquiry;
  • The request is specific and limited in scope to the extent reasonably practicable in light of the purpose for which the information is sought; and
  • De-identified information could not reasonably be used.

What to Do

In responding to a law enforcement officer presenting a court order or a subpoena, you can establish the following process:

• Verify that it is valid by checking that the document: 
  • Was signed 
  • Includes the date
  • Describes the specific items, information, or person being sought. 
• Alert your attorney.
• Be careful to only provide the documents requested. 

Exceptions to HIPAA: Reporting a Crime

• You can disclose PHI to law enforcement officials if you believe in good faith that the information constitutes evidence of criminal conduct that occurred on the premises of the covered entity.
• HOWEVER: you do not have to contact ICE and disclose a patient’s immigration status based solely on an undocumented immigrant’s presence at a hospital or medical clinic. 

HOW EMPLOYERS CAN PREPARE FOR ICE ACTIONS

You Can Make a Written Response Plan

• You can:
  • Establish a written internal policy identifying areas as private and establish that they are not open to the general public.
  • Place signage explaining that certain areas are only available for patients and those accompanying them.
  • Designate a liaison to interact with law enforcement. 
  • Avoid asking for patients’ immigration status or immigration-related information if not needed for care. 
  • Inform patients that they can decline to be listed in the directory.
  • Train staff on office protocols. 
  • Connect with immigration response networks in your area.  

Catholic Charities of Northern Nevada - Mother Cabrini Immigration Legal Services
Location: 1201 Terminal Wy. Ste. 226, Reno, NV 89502
Phone: 775-393-3877
Email: [email protected]
Website: https://ccsnn.org/pages/immigration-legal-services

Immigration Center for Women and Children
Location: 732 S. 6th St. Ste. 101, Las Vegas, NV 89101
Phone: 702-430-7981
Website: https://www.icwclaw.org/

Legal Aid Center of Southern Nevada
Location: 725 E. Charleston Blvd., Las Vegas, NV 89104
Phone: 702-386-1070
Email: [email protected]
Website: http://www.lacsn.org/

Nevada Legal Services
Location: 530 S. 6th St. Ste. 101, Reno, NV 89509
Phone: 775-284-3491
Website: http://www.nlslaw.net/

Progressive Leadership Alliance of Nevada Citizenship and Immigration Program
Location: 495 Apple St. Ste. 108, Reno, NV 89502
Phone: 775-800-1851
Email: [email protected]
Website: https://www.plancip.org/

UNLV Immigration Clinic
Location: 1212 S. Casino Blvd. Second Floor, Las Vegas, NV 89104
Phone: 702-476-0750
Email: [email protected]
Website: https://law.unlv.edu/clinics/immigration

Volunteer Attorneys for Rural Nevadans
Location: 904 N. Nevada St. P.O. Box 365, Carson City, NV 89703
Phone: 775-883-8278
Email: [email protected]
Website: http://www.varn.org/

Washoe Legal Services
Location: 299 S. Arlington Ave., Reno, NV 89501
Phone: 775-329-2727
Email: [email protected]
Website: http://www.washoelegalservices.org/

National Immigration Law Center
Website: https://www.nilc.org/resources/