Immigrants' Rights

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Regardless of your immigration status, you have guaranteed rights. This guide does not substitute for individualized legal advice, but we hope it helps you and your loved ones prepare for any eventuality.

ACLU of Nevada remains at the forefront of addressing all civil liberties and civil rights issues, including efforts to violate the rights of immigrant communities in Nevada. Despite the challenging climate, we will keep fighting until the guarantees of the Constitution and the principles it embodies apply to all.

Below, you will find materials to better know your rights, report an immigration raid or other civil rights violations, and request training from the ACLU of Nevada. Don't forget to sign up for membership and support our critical work.

Report an Immigrants' Rights Violation

Request a Speaker/Know Your Rights Training

KNOW YOUR RIGHTS

Individual Rights

Law enforcement asks about your immigration status
If you're stopped by police, ICE, or border patrol while in transit
If police or ICE are at your home

LAW ENFORCEMENT ASKS ABOUT YOUR IMMIGRATION STATUS

HOW TO REDUCE RISK TO YOURSELF

Stay calm. Don't run, argue, resist, or obstruct the officer, even if you believe your rights are being violated. Keep your hands where police can see them.
Don't lie about your status or provide false documents.

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.
If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you.
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.

WHAT TO DO

Nevada has stop and identify laws, so if police have a reasonable suspicion that a crime is being committed, they can stop you and you must provide them your name.
You don’t have to answer other questions. Say “I assert my right to remain silent.”
Do NOT tell them where you are from form, where you were born, or your nationality.
Do NOT consent to search of your person or property. Say “I do not consent to a search.”
If you’re over 18, carry your papers with you at all times. If you don’t have them, tell the officer that you want to remain silent, or that you want to consult a lawyer before answering any questions.
Customs officers can ask about your immigration status when entering or leaving the country.
Lawful permanent resident: ONLY 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.

I WAS STOPPED BY POLICE, ICE, OR BORDER PATROL WHILE IN TRANSIT

YOUR RIGHTS - IN A CAR

Drivers and passengers have the right to remain silent.
If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search.
In addition to police, Border Patrol conduct “roving patrols” around the interior of the U.S., pulling over motorists. 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. You may ask the agents about the basis for probable cause, and they should tell you. In this situation, both the driver and any passengers have the right to remain silent and not answer questions about their immigration status.

YOUR RIGHTS - ON BUSES AND TRAINS

Border Patrol agents may board buses and trains in the 100-mile border region either at the station or while the bus is on its journey. More than one officer usually boards the bus, and they will ask passengers questions about their immigration status, ask passengers to show them immigration documents, or both.
These questions should be brief and related to verifying one’s lawful presence in the U.S. You are not required to answer and can simply say you do not wish to do so. As always, you have the right to remain silent.

WHAT TO DO

Remain calm.
Don’t run, argue, or obstruct the officer or agent.
If you are in a car, pull over in a safe place as quickly as possible.
Passenger: ask if you are free to leave. If the officer says yes, calmly leave.
Driver: upon request, show police your driver's license, registration, and proof of insurance.
If you are not a U.S. citizen and an immigration agent requests your papers, you must show them if you have them with you. If you do not have immigration papers, say you want to remain silent.
Say you wish to remain silent and ask for a lawyer immediately.
Do NOT consent to search of your person or property. Say “I do not consent.”
Do NOT sign anything without a lawyer.

POLICE OR ICE ARE AT MY HOME

YOUR RIGHTS

You have the right to remain silent, even if the agent has a warrant.
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 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.

WHAT TO DO

Do NOT open the door.
Ask if they are immigration agents and what they are there for.
Ask for a badge or identification through the window or peephole.
Known to use deceptive practices
Ask if they have a warrant signed by a judge. If they say they do, ask them to slide it under the door or hold it up to a window so you can inspect it.
If they don’t produce a warrant, keep the door closed. State: “I do not consent to your entry.”
If agents force their way in, do not resist.
State: “I do not consent to your entry or to your search of these premises.”
Assert you right to remain silent.
Assert your right to speak to your attorney.
Don’t lie or produce any false documents.
Don’t sign anything without speaking with a lawyer first.

WHAT DOCUMENTS TO CARRY

DO CARRY:

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

DO NOT CARRY

Consular identification card
Other document identifying you as a citizen of another country

HAVE A 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’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.

In the Workplace

What employers can do if immigration comes to a workplace
Legal protecttions
How employers can prepare for ICE actions
What if ICE comes to your workplace

WHAT EMPLOYERS CAN DO IF IMMIGRATION COMES TO A WORKPLACE

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 require 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 must:
- 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

Never dispose of a current employee’s Form I-9 and any copies (or electronic images) you made of the employee’s Form I-9 documentation. You must keep these records for as long as the employee works for you, and for a certain amount of time after they stop working for you.
To calculate how long to keep a former employee’s Form I-9:
- If they worked for less than two years, retain their form for three years after the date you entered in the First Day of Employment field.
- If they worked for more than two years, retain their form for one year after the date they stopped working for you

PRODUCING I-9 REQUIREMENTS

You do not have to keep I-9 forms and documents at your employment, but you must present them within three business days of an inspection request.
Do not ask a worker to fill our Form I-9 more than once unless their work permit is about to expire or you have another valid legal reason.
Note: You do not have to keep copies of a worker’s ID or work authorization documents.

WHAT TO DO IN AN I-9 AUDIT

When ICE notifies you that there will be a Form I-9 audit, contact an immigration lawyer.
Notify your workers and their union representative about the audit.
Do not provide your documents earlier than the required 3 days.
You have the right to speak to your lawyer before answering questions or signing ICE documents.
Allow your employees to have coworkers or union representatives present when discussing I-9 audits.
ICE may find some employees are not authorized to work. If that happens, ICE will give you 10 days to provide valid work authorization for these employees.
If this happens, you must notify the affected workers of the audit.
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 an employer.
ICE agents are not police officers. But their uniforms may say “Police” or “Federal Agent.” They may carry guns. Sometimes local police officers go with ICE agents on ICE raids.

LEGAL PROTECTIONS

FOR PUBLIC AREAS

Anyone – including ICE agents – can enter public areas of your business without permission.
Public areas include a dining area in a restaurant; parking lot; lobby or waiting area.
Being in a public area does NOT give ICE the authority to stop, question, or arrest just anyone.
No one can enter a private area of your business without your permission or a judicial warrant.
Tip: To show that some areas are private, mark them 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.

FOR PRIVATE AREAS

Immigration 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 YOUR permission to enter private areas of your business.
If ICE agents try to enter a private area, you should say: “This is a private area. I do not give consent for you to enter. Do you have a judicial warrant?”
If ICE agents tell you that they have a judicial warrant, ask for a copy and read it.
Sometimes, ICE agents try to use an administrative warrant to enter. But an administrative warrant does NOT allow agents to enter private areas without your permission.
- Administrative warrants are not from a court. They say “Department of Homeland Security” and are on Forms I-200 or I-205.

DURING THE RAID

Ask your workers to stay calm too. Do not run to the exits. This will make things worse because ICE agents can say that people who are running are likely violating immigration laws.
When ICE shows you an administrative warrant with an employee’s name on it:
- You DO NOT have to say if that employee is working on that day or not.
- You DO NOT have to take the ICE agents to the employee’s names on the warrant (even if they are at work at that time).
DO NOT help ICE agents sort people by their immigration status or the country they are from.
Watch the agents and see if they are complying with what’s written in the warrant.
If you or an employee is willing, you should video or record what the ICE agents do at your workplace. You may be able to prove the agents violated your rights or your workers’ rights.

WHAT IF ICE AGENTS TRY TO STOP, QUESTION, DETAIN, OR ARREST A WORKER?

ICE agents may try to stop, question, or even arrest a worker without the proper authority.
The best way for workers to protect their rights is 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

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?
Notify the employees’ union.
If ICE arrests any of your workers, ask the ICE agents where they are being taken. This information will help the worker’s family and lawyer find the person.

RAID CHECKLIST

If ICE agents enter a public area of your business, say: “I am the employer. You cannot go other areas of the workplace without my permission.”
If ICE agents try to enter a private area, say: “This is a private area. You cannot enter without a judicial warrant signed by a judge. Do you have a judicial warrant?”
Encourage your staff to video or take photos during an immigration action (if they are willing).
If the agents have a judicial warrant signed by a judge, ask for a copy and read it. Make a copy if you can.
Watch the agents carefully. Keep track of what they do. See if they are following what is written on the warrant. For example, the warrant may limit the areas the agents can search.
If ICE agents try to question you or your workers, remind your workers they have a right to stay silent and to ask for a lawyer.
When immigration agents leave, record or write down everything you saw. This will help you remember the details when you talk to a lawyer later.

HOW EMPLOYERS CAN PREPARE FOR ICE ACTIONS

MAKE A WRITTEN RESPONSE PLAN AHEAD OF TIME

Talk to other businesses or business associations.
Make a plan that works for you.
Practice.
Connect with immigration response networks in your area.

TRAIN YOUR STAFF TO NOT TALK TO ICE AGENTS

Train all workers to NOT allow ICE agents to enter your workplace.
A worker can say, “I can’t give you permission to enter. You must speak with my employer.”
Train all workers to NOT interact with ICE agents. If ICE agents have questions or requests, workers should say nothing, or say, “You are not allowed to enter. Talk to my employer.”

PREPARATION CHECKLIST

Find a qualified immigration lawyer now - before anything happens
Make a written Response Plan and practice your plan with your workers
Provide a Know Your Rights training for all your staff
Train your staff
- Do NOT run away if ICE agents show up. Running away could give ICE a legal reason to arrest workers.
- Do NOT give ICE agents permission to enter your workplace.
- Do 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.
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
Connect with an immigration response network in your area.

FOR EMPLOYEES: WHAT IF ICE COMES TO YOUR WORK

Remain calm.
Ask if you are free to leave. If so, you may calmly walk out.
You have the right to remain silent. You do not have to discuss your immigration status with anyone, such as about where you were born, whether you are a citizen, or how you entered the country.
You have the right to refuse consent to a search.
If you have valid immigration documents, you should show them. Never provide fake documents.
Do not get into a line as they will interrogate you about your immigration status.
If you are arrested, say that you wish to remain silent until speaking with your lawyer.
You have the right to record your interaction with immigration agents as long as you do not interfere.

K-12 Education

Sensitive locations
Current federal policies in place
Legal rights
Legal requirements
Best practices

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.

WARRANT REQUIREMENTS

A warrant is required to whether the sensitive location policy is in effect or not.
Immigration officials cannot enter the school if they don’t have a 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 (FERPA)

FERPA generally 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.
This also includes most private schools.
“Personal information” does not include directory information, such as name and address. However, releasing directory information for purposes of immigration enforcement would be in violation of Plyler v. Doe and other laws.
FERPA also 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.
BEST PRACTICE: Schools and school districts should create policies that limit what information is considered directory information.
- You can’t disclose what you don’t collect.

SUBPOENAS

FERPA allows law enforcement officers to obtain personal information from a school if they have a valid court order or judicial subpoena.
Pertains to students or employees
A valid subpoena requires:
- A Judge or 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).
Administrative subpoenas are not valid (e.g. “ICE subpoena”)

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 pupiil 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.

TIPS FOR HANDLING AN ICE EVENT

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 you are required by district protocols to notify the district legal counsel and obtain guidance.
Advise the officer to wait outside the school building while you obtain guidance from district legal counsel.
Notify district legal counsel.
Wait while legal counsel reviews the materials provided. Do not take action until you obtain clear instructions from district legal counsel.
Contact the parents or guardians of the student(s) in question immediately after consulting with district legal counsel.

PROACTIVE STEPS TO TAKE NOW

Encourage your school board to adopt a “safe zone” resolution. If your school board already has one in place, encourage them to amend the resolution to address the attacks of the Trump Administration.
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.
Stress the importance of taking proactive steps to ensure the safety and well-being of children and entire communities.
Find out if there is a local immigration 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 campus.
Work with parents to develop a family immigration raid emergency plan.
Make your school an ICE-free safe zone/sanctuary school by pushing for sanctuary policies.
Encourage your school board to adopt a "safe zone" resolution. If your school board already has one in place, encourage them to amend the resolution to address the attacks of the Trump administration.

Higher Education

Current federal policies in place
Legal rights
Legal requirements
Best practices

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.

WARRANT REQUIREMENTS

A warrant will be required to enter a private area whether the sensitive location policy is in effect or not.
Legally, the privacy of an area depends on the reasonable expectation of privacy users have of that space. Several factors to consider e.g. who has access
Immigration officials cannot enter private spaces if they don’t have a 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.
BEST PRACTICE:
- Identify and distinguish private spaces from public ones.
- Place signs that identify private areas
- Place security guards tasked with signing in visitors at main entrances.

FAMILY EDUCATION RIGHTS AND PRIVACY ACT OF 1974 (FERPA)

FERPA generally 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.
This also includes most private schools.
“Personal information” does not include directory information, such as name and address. However, releasing directory information for purposes of immigration enforcement would be in violation of Plyler v. Doe and other laws.
FERPA also 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.
BEST PRACTICE: Schools and school districts should create policies that limit what information is considered directory information.
- You can’t disclose what you don’t collect.

SUBPOENAS

FERPA allows law enforcement officers to obtain personal information from a school if they have a valid court order or judicial subpoena.
Pertains to students or employees
A valid subpoena requires:
- A Judge or 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).
Administrative subpoenas are not valid (e.g. “ICE subpoena”)

WHAT TO DO

If a law enforcement officer presents you with a court order or a subpoena:
You should alert the school president and the school attorney before taking any actions.
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.
Note: An "ICE subpoena” and deportation orders are NOT a valid judicial subpoena. Schools may not honor them.
You must alert the affected family unless the subpoena explicitly states that you may not.
You may not release personal information if the subpoena is invalid.

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 need not allow entry to any law enforcement officer who is not in possession of 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 should invoke the right to remain silent and should not sign any documents without a lawyer present.

WHAT TO DO IN IN THE EVENT OF A RAID

Have a process in place.
- Train employees not to talk to ICE- “you are not permitted to enter. You must speak with/ the school dean.”
- Verify the identity of agents.
- School security officers should not assist ICE/CBP. If they do, they should be held to the same Fourth Amendment standards.
Remain calm
You can ask them to leave.
Private spaces remain private.
- ICE cannot walk into those areas without permission or a judicial warrant. DO NOT give them permission. Ask for and inspect a warrant (or call the school attorney)
- If ICE enters without permission, don’t interfere but take notes
Being in a public area does not give ICE 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 TO TAKE NOW

Inform students and their families of their rights
Stress the importance of taking proactive steps to ensure the safety and well-being of children and entire communities.
Familiarize yourself with the policies and regulations of the education department.
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 parents to develop a family immigration raid emergency plan.
Make your school an ICE-free safe zone/sanctuary school by pushing for sanctuary policies.

Immigration + Health Care Providers

Protecting patient information
Interactions with ICE in the workplace
- Legal protections and best practices

PROTECTING PATIENT INFORMATION

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY AACT OF 1966

The Health Insurance Portability Act of 1966 (HIPPA) restricts covered entities from disclosing a patient’s protected health information (PHI).
PHI includes:
- Common identifiers such as 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.

EXCEPTIONS TO HIPPA: SUBPOENAS

A court may issue an order or judicial subpoena to release a patient's medical record, including information about their immigration status. Health care providers must comply with these orders.
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 must have the following:
- The information requested 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.
If a law enforcement officer presents you with a court order or a subpoena:
- 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 HIPPA: REPORTING A CRIME

You may 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.
You should not contact ICE and disclose a patient’s immigration status based solely on an undocumented immigrant’s presence at a hospital or medical clinic. While it is illegal for a person to enter the country without inspection, once that person has entered the country unlawfully, that person's continued presence in the U.S. is not an ongoing crime.

WHAT EMPLOYERS CAN DO IF IMMIGRATION COMES TO A WORKPLACE FOR AN I-9 AUDIT

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 require 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 must:
- 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

Never dispose of a current employee’s Form I-9 and any copies (or electronic images) you made of the employee’s Form I-9 documentation. You must keep these records for as long as the employee works for you, and for a certain amount of time after they stop working for you.
To calculate how long to keep a former employee’s Form I-9:
- If they worked for less than two years, retain their form for three years after the date you entered in the First Day of Employment field.
- If they worked for more than two years, retain their form for one year after the date they stopped working for you

PRODUCING I-9 REQUIREMENTS

You do not have to keep I-9 forms and documents at your employment, but you must present them within three business days of an inspection request.
Do not ask a worker to fill our Form I-9 more than once unless their work permit is about to expire or you have another valid legal reason.
Note: You do not have to keep copies of a worker’s ID or work authorization documents.

WHAT TO DO IN AN I-9 AUDIT

When ICE notifies you that there will be a Form I-9 audit, contact an immigration lawyer.
Notify your workers and their union representative about the audit.
Do not provide your documents earlier than the required 3 days.
You have the right to speak to your lawyer before answering questions or signing ICE documents.
Allow your employees to have coworkers or union representatives present when discussing I-9 audits.
ICE may find some employees are not authorized to work. If that happens, ICE will give you 10 days to provide valid work authorization for these employees.
If this happens, you must notify the affected workers of the audit.
Ask ICE for more time. This will give affected workers more time to talk to an immigration lawyer.

WHAT EMPLOYERS CAN DO IF IMMIGRATION CONDUCTS AN ICE RAID

WHAT IS AN ICE RAID?

ICE agents go to a worksite without warning as part of an investigation into an employer.
ICE agents are not police officers. But their uniforms may say “Police” or “Federal Agent.” They may carry guns. Sometimes local police officers go with ICE agents on ICE raids.

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.

WARRANT REQUIREMENTS

A warrant will be required to enter a private area whether the sensitive location policy is in effect or not.
Legally, the privacy of an area depends on the reasonable expectation of privacy users have of that space. Several factors to consider e.g. who has access
Immigration officials cannot enter private spaces if they don’t have a 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.
BEST PRACTICE:
- Identify and distinguish private spaces from public ones.
- Place signs that identify private areas.
- Place security guards tasked with signing in visitors at main entrances.

DURING AN IMMIGRATION ACTION

If ICE agents enter a public area of your business, say, “I am the employer. You cannot go to other areas of the workplace without my permission.”
If ICE agents try to enter a private area, say, “This is a private area. You cannot enter without a judicial warrant signed by a judge. Do you have a judicial warrant?”
If the agents have a judicial warrant signed by a judge, ask for a copy and read it. Make a copy if you can.
Watch the agents carefully. Keep track of what they do. See if they are following what is written on the warrant. For example, the warrant may limit the areas the agents can search.
If ICE agents try to question you or your workers, remind your workers they have a right to stay silent and to ask for a lawyer.
When immigration agents leave, record or write down everything you saw. This will help you remember the details when you talk to a lawyer later.
Stay calm! Ask your workers to stay calm, too. Do not run to the exits. This will make things worse because ICE agents can say that people who are running are likely violating immigration laws.
When ICE shows you an administrative warrant with an employee’s name on it:
- You do not have to say if that employee is working on that day or not.
- You do not have to take the ICE agents to the employee named on the warrant (even if he or she is at work at the time).
Do not help ICE agents sort people by their immigration status or the country they are from.
Watch the agents and see if they are complying with what’s written in the warrant.
If you or an employee is willing, you should video or record what the ICE agents do at your workplace. You may be able to prove the agents violated your rights or your workers’ rights.

WHAT IF ICE AGENTS TRY TO STOP, QUESTION, DETAIN, OR ARREST A WORKER?

ICE agents may try to stop, question, or even arrest a worker without the proper authority.
The best way for workers to protect their rights is to stay silent and ask for an attorney.
Any information that workers give to ICE can be used against them later.

AFTER AN IMMIGRATION ACTION

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?
Notify the employees’ union.
If ICE arrests any of your workers, ask the ICE agents where they are being taken. This information will help the worker’s family and lawyer find the person.

Additional Resources

Find additional resources here