What should employers do if ICE shows up?: Takeaways from Truckee’s Town Talk
TRUCKEE, Calif. — If Immigration and Customs Enforcement (ICE) arrives at your workplace, should you let agents into your office and hand over personnel files? According to immigration experts, the answer is a firm no, and doing so without proper documentation could violate the law.
This guidance was a key takeaway from Monday’s Town Talk, an event hosted by the Truckee Chamber of Commerce, the Town of Truckee and Sierra Community House (SCH), a nonprofit that provides free immigration services and legal assistance to employees and residents of Truckee and North Tahoe.
The session focused on helping local employers understand their legal responsibilities and access resources related to immigration issues in the workplace.
“California law requires that employers not voluntarily allow immigration agencies into private spaces without a judicial warrant,” said Leslie Curtis, an employment attorney.
So, what should employers do if a federal immigration officer arrives?
The first step: Ask to see a judicial warrant.
“If an immigration officer presents you with an administrative warrant, they may be trying to sneak past you,” said David Cooper, senior immigration specialist and accredited representative at SCH.
Only a judicial warrant, which must be signed by a judge, can authorize ICE to enter private areas. In contrast, administrative warrants, issued by administrative agencies, do not grant ICE the legal authority to enter private areas without consent.
That said, employers can be subject to a federal I-9 inspection. These inspections are designed to verify that employee documentation is complete and that all workers are legally authorized to work in the United States.
“If ICE shows up to your door, it is not an I-9 formal inspection,” Curtis said.
If your business receives a Notice of Inspection, you are legally required to comply, but you are also entitled to 72 hours to prepare. During this window, SCH strongly recommends contacting your attorney or legal counsel immediately.
During Monday’s Town Talk, several audience members asked about the potential fines or penalties that could result from violations discovered during an inspection.
Curtis explained that if violations are found, employers typically receive a notice of technical or procedural failures and are given 10 business days to correct them. Depending on the severity and nature of the issue, outcomes can range from a warning to a fine, a settlement or even a hearing.
However, speakers emphasized an important distinction.
“There is a difference between filing your I-9 documents improperly and failing to recognize a defective document,” Curtis said.
During the I-9 process, employers are responsible for confirming that documents come from the acceptable list — not for verifying their authenticity.
“As an employer, you are not expected to be an expert in evaluating documents, and you are not supposed to determine the validity of documents,” said Elizabeth Balmin, director of legal assistance, crisis intervention and family advocacy at SCH.
As a final thought, Balmin emphasized the importance of knowing your rights. She challenged the common belief that “if you tell the truth and cooperate, everything will be okay,” and instead urged people to invoke their Fifth Amendment right and remain silent.
“Forget what your mom and your priest told you, do not tell the truth,” Balmin said. “Don’t lie, but don’t incriminate yourself.”
She also encouraged employers to proactively share immigration resources with their employees, including distributing Know Your Rights cards.
Support Local Journalism


Support Local Journalism
Readers around Lake Tahoe, Truckee, and beyond make the Sierra Sun's work possible. Your financial contribution supports our efforts to deliver quality, locally relevant journalism.
Now more than ever, your support is critical to help us keep our community informed about the evolving coronavirus pandemic and the impact it is having locally. Every contribution, however large or small, will make a difference.
Your donation will help us continue to cover COVID-19 and our other vital local news.