Mutual aid and immigrant advocacy groups in New York City have been canvassing local businesses and handing out pamphlets and signs informing workers and managers of their rights in the event of a visit from U.S. Immigration and Customs Enforcement agents.
The outreach comes as Trump administration officials have renewed promises to send more ICE officers to New York City, amid ongoing immigration crackdowns in Los Angeles, Chicago, Charlotte and elsewhere. The Mayor's Office of Immigrant Affairs has estimated that roughly 412,000 “undocumented immigrants” without permanent legal immigration status lived in New York City as of 2022.
The New York Immigration Coalition, a statewide nonprofit, is among the advocacy groups leading the canvassing efforts, and has visited over 1,000 businesses this year.
Wennie Chin, NYIC’s senior director of community and civic engagement, discussed the volunteers’ work and what guidance is being shared with business owners and employees.
Chin’s advice below has been edited for length and clarity.
Know your rights and post the information in the workplace
I think what's most important to do is start making plans within each workplace about what to do if ICE shows up and make sure that all employees understand their rights.
Every individual in this country, regardless of their immigration status, has the right to remain silent and not answer any questions that they don't want to. You always have the right to refuse a search of your person and your belongings when the officers don’t present a judicial warrant. That includes your digital devices. You always have the right to understand why you’re being detained, if you are being detained. You always have the right to ask if you're free to go. And you always have the right to record. These are rights that are enjoyed by every New Yorker, every American, every individual — regardless of your status or how long you've been in the country. These rights are guaranteed in the Constitution.
And consider posting this information within workplaces. On a moment's notice, usually folks are very reactive and maybe not thinking very clearly about all of their rights. But having a visual reminder is helpful. A good starting place to find these materials is the NYIC website. We also have a dedicated guide that is specifically for immigration enforcement safety at the workplace.
What we don't want to encourage people to do is run or flee without reason or escalate the situation, where they can put themselves or others in physical harm. We don't want to encourage any physical behavior where there can be increased aggression. It's always important to verbally stress your rights and that you understand what your rights are. And continue to ask, “Am I free to go?”
Label private, employees-only areas where ICE cannot freely enter
ICE can enter a public space without express permission. But within private spaces, ICE cannot enter without a judicial warrant or your express consent.
I like to give an example of a restaurant. The public dining area can be considered a public space. But the kitchen area where staff operate, the break rooms? Those are all considered private spaces of the business. Similarly, in a supermarket, the shopping aisles are a public space. But the storage facilities, the break rooms, the back offices? Those are all private spaces that ICE cannot enter without a judicial warrant or express consent.
Being able to proactively delineate where the private spaces are within a business is really helpful. That's why we've been distributing signs that delineate where there are employee-only spaces or spaces only for authorized personnel within a workspace. Sometimes, the divider is not a door or a wall. Sometimes it's very creative, like a curtain. So even just having clear signs that this curtain delineates a private space is important.
If ICE does enter a private space, continue to stress that the space is private and they're not allowed to enter. Stress that you need to see a judicial warrant. Particularly, this is the moment where managers and business owners can really intervene and stress the importance of protecting their workspace. It's also helpful to record, especially if someone feels safe to record the interactions with ICE and their activity within the workspace.
Know the difference between a judicial and administrative warrant
We most commonly see two types of warrants. One is a judicial warrant that allows enforcement officers to enter private spaces. It is rather difficult to get a judicial warrant because you usually have to go to a court, you have to present your case before a judge, and explain why you need a judicial warrant.
And then we have also seen what we call an administrative warrant, which is a piece of paper that says “warrant” at the top of it and effectively just bears the signature of a Department of Homeland Security officer. This document, even though it says “warrant,” is not a judicial warrant, and does not bear the same legal weight nor does it give any legal rights to enter private spaces.
We've seen that agents have handed over these administrative warrants — they don't have the same credibility, they don't have the legal weight — but individuals in the moment might not be able to distinguish the difference. So we are really trying to make sure that people have an understanding of the difference between administrative and judicial warrants.
People should also take the time to document what they're being given. Taking a photo of the warrant that is presented to you, or whatever document is shared, is always helpful.
And two, really understand whether the piece of paper that you’re presented with is, in fact, a valid warrant. Usually, we encourage people to look for the name of the court that issued the warrant and the signature of the judge to make sure it is, in fact, a judicial warrant. And then make sure that the address and the name of the individual they're looking for are correct. And check the date, because judicial warrants are technically only valid for 14 days.
