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Right now, the Twin Cities are experiencing an unprecedented surge in ICE enforcement activity. At our law firm—which represents both employers and employees—we’re witnessing deep fear ripple through workplaces and communities.
Employees are terrified. Some may be directly targeted; others fear for family members or loved ones. Many are simply afraid to leave their homes or commute to work, worried that appearing “foreign” or being questioned could put them at risk—even if they’re U.S. citizens or lawful residents.
Employers, too, are caught in a difficult position. Staff may stop showing up, request remote work out of safety concerns, or express panic when ICE agents appear near their workplace—even in parking lots or public areas adjacent to private property.
Employers Have Rights—and Responsibilities
While cooperation with law enforcement is often expected, it’s critical to remember: **private businesses are not obligated to assist ICE unless legally compelled**.
- **ICE cannot enter private property without consent, a valid judicial warrant, or a subpoena.**
- Businesses can—and should—post clear signage stating that entry is restricted and that government agents must present proper legal authority before accessing the premises.
- You are under no obligation to perform ICE’s work: detaining employees, providing personnel records, or facilitating interrogations without lawful process.
Prepare Now—Before ICE Shows Up
We strongly advise all employers to establish a clear, written protocol *before* an encounter occurs. Ask yourselves:
- What will we do if ICE agents park in our lot or approach our building?
- Who is authorized to speak on behalf of the company?
- How will we support employees who feel unsafe coming to work?
- What steps will we take if ICE demands information or access without a warrant?
**Role-play these scenarios with leadership and legal counsel.** For example:
> If an agent says, “We need to speak with Maria,” and presents no warrant, your response can be:
> *“Thank you for your request. We will consult legal counsel to determine the appropriate next steps and will communicate with the individual as needed.”*
Do not feel pressured to act immediately. You have the right to seek legal advice first.
Employees Have Constitutional Rights—Even When Scared
Individuals—regardless of immigration status—retain core constitutional protections:
- The **right to remain silent**
- The **right to refuse to answer questions**
- The **right to ask for an attorney**
- The **right to not consent to searches**
If someone says, “I don’t want to talk” or “Contact my lawyer,” ICE must respect that. Persistent pressure or intimidation does not override these rights. Fear is understandable—but compliance is not required without legal authority.
Resources and Solidarity
We’ve published **Know Your Rights** materials on our website for both employers and employees. Share them widely. Encourage staff to review them. Knowledge is protection.
This moment demands vigilance, preparation, and compassion. By knowing your rights—and planning ahead—you can protect your workplace, support your team, and uphold the rule of law without becoming an extension of enforcement.
*These are not normal times. But with preparation, clarity, and legal grounding, we can navigate them with dignity and care.*
*Loan Huynh, Immigration Attorney*
*Fredrikson & Byron P.A., Minneapolis*