Immigration Enforcement in the Workplace: Knowing Your Rights and Being Prepared

Immigration enforcement has become a pressing issue across the U.S., and for Maryland employers and employees, there are specific considerations to be aware of. You might think, “Does this really impact me?” The answer is yes—whether you’re an employer running a business or an employee contributing your skills, understanding immigration enforcement laws in your state is essential.

Let’s break down what you need to know about workplace rights in Maryland when it comes to immigration enforcement.

Immigration Enforcement: What’s Happening?

Immigration and Customs Enforcement (ICE) actions in workplaces can range from I-9 audits to raids or efforts to detain specific individuals. An I-9 audit involves ICE reviewing employment eligibility forms to ensure compliance with federal law. If the forms have discrepancies, violations, or suggest a pattern of employment authorization issues, ICE can escalate enforcement actions, potentially leading to legal consequences or raids.

In Maryland, as in other states, ICE might conduct workplace investigations targeting employers suspected of hiring unauthorized workers. These events can be stressful for everyone involved. Staying informed is key to navigating these high-pressure situations.

Maryland’s Approach: Federal Rules and Local Protections

Maryland employers primarily operate under federal employment regulations like the I-9 requirements of the Immigration Reform and Control Act (IRCA). Employers must verify a worker’s identity and eligibility through the federal Form I-9 but cannot discriminate based on national origin or citizenship when verifying documents.

While Maryland lacks specific laws to protect immigrants in the workplace, for example like California’s AB 450, which protects employees and restricts employer cooperation with ICE, federal constitutional protections, such as the Fourth Amendment’s safeguards against unlawful workplace searches and seizures, remain applicable. California’s AB 450, effective January 1, 2018, specifically outlines employer obligations during immigration inspections, covering agent entry, employee record access, notification procedures, and employment eligibility re-verification. To learn more about AB 450, click here.

Employers in Maryland are not required to allow ICE into non-public areas without a judicial warrant—and here’s the key: an ICE warrant signed by an ICE officer isn’t the same as a judicial warrant signed by a judge. Employers should familiarize themselves with what judicial warrants look like and train staff to recognize the difference. Learn more about warrants, here.

Employers: Preparing for ICE Actions

Whether you run a restaurant in Howard County or a construction company in Annapolis, preparing for potential ICE actions is critical. Here are steps Maryland employers can take:

1. Have a Response Plan: Work with an immigration attorney to create a clear protocol addressing possible ICE visits. Practice this plan with your staff just like you would for fire drills—it’s all about preparation.
2. Train Staff About Rights: Employees should be trained to remain calm and understand their rights. They aren’t obligated to speak to ICE agents or provide documents unless legally required to do so.
3. Know Public vs. Private Spaces: Public areas, like a restaurant lobby, may be entered by ICE agents without permission. But keep private workspaces clearly marked—use signs or locks to designate these areas.
4. Stay Calm if ICE Arrives: If ICE shows up, ask to see a judicial warrant. Without one, you have the right to deny entry to private areas. Notify your attorney immediately and document everything—take notes or record the event if possible.
5. Don’t Discriminate: Maryland employers are prohibited from retaliating against employees for wanting to update personal information (like legal name changes or work authorization documents). Threatening to report an employee’s immigration status, even implicitly, can violate state protections against workplace discrimination. Related, employees have a right to their wages and not paying your employees could lead owing triple what an employee is owed.

Graphic Caption: Show your community you stand with them! ILRC publicly-facing sign reminds ICE that a judicial warrant is required for entry into private areas of your establishment. Let your guests, patrons, students, patients, or clients know you’re prepared to defend against unlawful entry or intimidation. Learn more and download from ILRC here.

Employees: Know Your Rights in Maryland

If you’re an employee in Maryland, you have certain rights regardless of your immigration status. Here’s what you need to remember:

• You have the right to remain silent. You don’t have to answer ICE’s questions or sign any documents without advice from an immigration attorney.
• Carry proper identification if you have it, but avoid carrying documents that identify you as a citizen of another country unless required.
  • You have the right to not consent to a search of your person, your car, or you home. Read more about your rights here.
• If ICE tries to question or detain you, calmly state that you wish to remain silent and to speak with an attorney.
• Make a plan for your family in case you’re detained. Resources like family preparedness plans from organizations such as ILCR’s step-by-step family preparedness plan can help ensure your loved ones know what steps to take.

Graphic Caption: Empower your staff and guests with knowledge! The backside of ILRC’s signs outlines 5 essential rights to remember when confronted by enforcement agencies. Constitutional rights apply to everyone, regardless of status – stand in solidarity and assert your rights! Learn more and download from ILRC here.

A Post-Raid Plan: What Employers Can Do

So, what happens if ICE conducts enforcement at your workplace? It can leave both employers and employees reeling. Here’s how Maryland businesses can respond:

• Support Employees: Provide affected workers with leave while they sort out work authorization issues. If they can return with proper documentation, ensure they have the same benefits and seniority as before.
• Pay Any Wages Owed: Promptly pay wages and benefits to employees, ensuring compliance with Maryland’s labor laws.
• Document and Communicate: Record what happened during the enforcement action. Notify families of detained workers and offer to help connect them with legal resources.
• Connect to Resources: Organizations and local immigration attorney networks in Maryland can provide advice and assistance. Search for various immigrant resources here.

Final Thoughts: Being Prepared and Aware

Immigration enforcement in Maryland workplaces can create uncertainty, but being informed and ready means you’re putting yourself or your business in the strongest possible position. For employers, it’s about knowing when to push back and where the legal lines are. For employees, it’s about staying calm and protecting your rights. Together, businesses and workers can navigate this complex issue with confidence and clarity.