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President Trump has long positioned himself as tough-on-immigration politician. In the first whirlwind month of his presidency, he’s already signed multiple executive orders attempting to undo birthright citizenship rights, control the borders, and aggressively pursue undocumented people in the U.S. Their legality is now being challenged in the courts.
Roughly 37,660 people were deported during Trump’s first week in office, Reuters reported, but the president wants those numbers to be even higher. Trump told immigration officials in a memo to make between 1,200 and 1,500 arrests a day, the Washington Post reported. If businesses don’t prepare accordingly, ICE officials could come knocking at the workplace.
“We’re already seeing a return of the ICE audit since Trump took office,” Ali Brodie, a partner at Fox Rothchild’s immigration practice, told Fortune. “And for corporate clients and others, it’s causing real chaos and panic about the possibility of a raid.”
Lawyers tell Fortune that businesses need to ensure their I-9 documents are in order to avoid an audit or potential visit from ICE. Companies also need to prepare for the possibility of federal authorities visiting their workplace.
That includes making sure that employees know their rights. For instance, workers are not required to talk to ICE officials, have the right to remain silent, and have the right to an attorney. They’re also not required to provide personal documentation or disclose their legal status during a raid should enforcers ask. Brodie also encourages clients to put posters up around the workplace reminding staff members of these things.
Some workers are also opting to carry “red cards” as they are often referred to as, credit card-like documents that list legal rights for immigrants. While they’ve been around for decades, the Immigrant Legal Resource Center, a nonprofit that manufactures these cards, told the New York Times that demand has skyrocketed since Trump took office and has received orders for millions of cards.
Businesses should also designate a “point person” to interact with authorities should they come by a workplace. That person should check to make sure that the search warrant is valid, be clear on what specific areas agents are allowed to search, and document the actions that agents take.
Overall, lawyers say one thing is clear: The Trump administration’s focus on immigration means employers shouldn’t sit back and wait until there’s an issue.
“There may be some employers who are just sort of sitting on the sidelines and not necessarily putting the plans in place, they have this wait-and-see type attitude,” Stephen Toland, an attorney at law firm FBFK, told Fortune. “With continued momentum around immigration, employers are going to have to start taking the possibility of raids more seriously.”
You can read more about what to do if ICE comes knocking at your business's door here.
Brit Morse
brit.morse@fortune.com
