In the wake of a politically charged climate surrounding immigration, some local businesses are facing heightened uncertainty. Immigration advocacy groups, like the National Immigration Law Center, are working to ensure businesses are prepared to navigate the challenges of complying with immigration laws while ensuring their workplaces remain secure and their employees’ rights are upheld.

What is ICE and what powers do they have?

U.S. Immigration and Customs Enforcement (ICE) is one of three immigration enforcement agencies under the U.S. Department of Homeland Security (DHS). ICE plays a central role in immigration enforcement within the United States, focusing on investigating and removing individuals suspected of being in the country unlawfully. ICE has three main divisions of operations: Homeland Security Investigations (HSI), Office of the Principal Legal Advisor (OPLA) and Enforcement and Removal Operations (ERO).

ERO handles all aspects of immigration enforcement, including the arrest, detention and removal of undocumented individuals. These agents may conduct raids, question individuals and detain suspected undocumented immigrants at their homes, workplaces and in other spaces.

Although ICE agents wear uniforms marked “POLICE,” they operate under broader jurisdictional powers than local law enforcement. Unlike local police, who cannot enforce federal immigration laws, ICE agents can act nationwide.

What are the different types of warrants ICE agents can use?

ICE agents generally need a warrant to make arrests, searches or seizures. However, the type of warrant they carry dictates their scope of action.

Judicial warrants allow ICE agents to enter private spaces, including homes and businesses, to make arrests or seizures without the property owner’s consent. Judicial warrants are issued by state or federal courts and are signed by a judge.

Administrative Warrants (Immigration Warrants) are used for arrests or searches in public areas. They do not grant ICE agents the right to search private spaces without consent or a judicial warrant. Administrative warrants are issued by DHS and signed by an immigration judge.

Similar to local law enforcement, NILC explains there are exceptions to these rules. ICE can act without a warrant during “hot pursuit” scenarios or emergency situations, where there is perceived immediate threat or risk of evidence destruction.

What rights do individuals have when dealing with ICE?

Documented or not, people in the U.S. are entitled to certain rights under U.S. law.

That includes the right to remain silent, the right to an attorney and the right to refuse signing anything without legal advice.

You also have the right to refuse entry to ICE agents in your home or private business unless they present a judicial warrant if the situation doesn’t meet the aforementioned exceptions.

What are the recommendations for businesses targeted by ICE?

NILC outlines steps businesses can take to prepare for the possibility of an ICE visit.

The group says employees should be trained to refuse entry to non-public sections of the business and say, “I cannot give you permission to enter. You must speak with my employer.”

The guidance encourages employers to use signage marking private areas of the business to ensure immigration officers cannot move freely without a judicial warrant.

If an ICE agent shows an administrative warrant with an employee’s name on it, NILC says, “You do not have to say if that employee is working on that day or not,” and, “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).”

If ICE enters the workplace or has a judicial warrant to enter private spaces, NILC implores employees not to run, as this can give immigration officers probable cause to make an arrest.

Employers are encouraged to ensure staff members are well-versed in their rights and are told to verbalize their right to remain silent and request an immigration lawyer if arrested.

NILC also says it is essential for employers to document all interactions with ICE agents by taking notes or recording what happens during the visit.

How are local businesses responding to the increased threat of ICE?

One Starkville restaurant manager, who requested anonymity out of fear of retaliation, shared her experience with ICE enforcement and their preparations for potential raids.

“We follow all protocols and instructions in the NILC,” the source said. “We (make) sure to state that anyone who comes in to ask to talk to our employees is not allowed to unless a manager or the owner is present.”

Employees are instructed to “stall” immigration officers from entering the workplace or questioning employees by saying, “I specifically cannot give you permission to enter. You must speak with my employer.”

The source said their at-risk employees know exactly what to do in the event of a questioning or arrest. They are told to remain calm, verbalize their right to remain silent and request legal assistance from advocacy groups like the American Civil Liberties Union of Mississippi.

The restaurant manager said that increased deportations have caused “an emotional turmoil” in their business and with loved ones. She stressed the frustration of dealing with the repercussions of what they deem to be a broken immigration system.

“It cost my family $10,000 in total costs from traveling, lawyers and judicial fees to be able to gain the basic green card status,” she said. “It will take many more years for them to be liable to stay in the states as an actual citizen… The process is long, costly and complex. … We cannot just uproot our whole lives 20 years later when an anti-immigrant president decides that everyone should be taken back to their countries. It’s unfair, unjust and unconstitutional.”

Editor’s note: Do you want answers to questions about the Golden Triangle? Each week, Dispatch reporters set out to explain or update a timely, practical issue. Email your question to [email protected].