(MINNESOTA) — If ICE or other federal agents come to your workplace during a worksite enforcement action, you have the right to remain silent and the right to speak with a lawyer, and you usually do not have to answer questions about your immigration status.
Those rights apply in Minnesota and nationwide as DHS and ICE report a massive expansion of worksite enforcement operations for fiscal year 2026. DHS officials said this week that agents arrested 500 illegal immigrants in Minnesota over roughly two months and opened more than 1,000 immigration-fraud investigations. With arrests rising and employer audits accelerating, workers and employers alike are asking what rights actually apply during an I-9 inspection, a workplace raid, or a “knock and talk” interview.
This rights guide focuses on what the law says, who is covered, and what practical steps people can take in the moment—without assuming any one outcome. Immigration cases are fact-specific and can move quickly.
The core right: You can remain silent and ask for a lawyer
Legal basis
- Fifth Amendment (right against self-incrimination).
- Sixth Amendment (right to counsel in criminal cases).
- INA § 240(b)(4)(A) (in removal proceedings, the person has the “privilege” of being represented by counsel at no expense to the government).
- 8 C.F.R. § 1240.10(a)(1)-(3) (immigration judges must advise respondents of the right to counsel and other procedural rights in court).
- Matter of E-F-H-L-, 26 I&N Dec. 319 (BIA 2014) (recognizing the importance of a meaningful opportunity to present testimony and evidence in removal proceedings).
- Matter of Garcia, 17 I&N Dec. 319 (BIA 1980) (addressing voluntariness concerns when statements are obtained under coercive circumstances).
These authorities do not mean agents will stop asking questions. They mean you can refuse to answer, and that refusal is not, by itself, a lawful basis for punishment. In immigration contexts, silence can still have consequences, so it is safest to invoke the right clearly and then stop talking.
Who has this right?
This right applies broadly to everyone in the United States, including:
– U.S. citizens
– Lawful permanent residents (green card holders)
– Visa holders (H-1B, F-1, B-2, and others)
– Undocumented people
Different groups may face different risks from the same encounter. But the basic right not to answer questions is not limited to citizens.
How to exercise it
Use short, specific phrases and then stop speaking:
– “I am exercising my right to remain silent.”
– “I want to speak with a lawyer.”
– “I do not consent to a search.”
Do not offer explanations. Do not try to “talk your way out.” In many workplace operations, agents already have leads, records, or targets.
Warning (Callout #1): Don’t sign what you don’t understand.
ICE may present papers during a raid or at check-in. Signing can waive defenses. Ask for an interpreter and a lawyer before you sign.
The right to refuse entry to nonpublic areas without a warrant
During worksite enforcement, a key issue is where agents are and what authority they have.
Legal basis
- Fourth Amendment (protection against unreasonable searches and seizures).
- 8 C.F.R. § 287.8 (limits and standards for certain immigration officer conduct, including questioning and arrests).
Who has this right?
Fourth Amendment protections generally apply to people in the United States, regardless of status. The scope can depend on the setting.
At a workplace, there is a difference between:
– Public areas (a retail storefront open to the public).
– Nonpublic areas (kitchens, back offices, employee-only areas).
Employers, managers, or designated staff typically control access to nonpublic areas. Individual workers may still assert rights, but workplace control often rests with the employer.
How to exercise it (for employers and supervisors)
If agents arrive, a trained manager should:
1. Ask, “Are you here for an I-9 audit, a subpoena, or a warrant?”
2. Ask to see the document.
3. Confirm the name, address, and areas authorized.
4. Limit access to what the document permits.
5. Call counsel immediately.
Administrative documents are not all the same:
– An administrative subpoena may compel production of documents. It does not automatically authorize entry into private areas.
– An administrative warrant (often on DHS forms) is different from a judicial warrant signed by a judge. Judicial warrants typically carry stronger authority.
If agents do not have a warrant for nonpublic areas, the employer may refuse entry to those areas. That refusal should be calm and documented.
How to exercise it (for workers)
If approached at your workstation:
– Ask, “Am I free to leave?”
– If yes, walk away quietly.
– If no, say you will remain silent and want a lawyer.
Do not run. Do not push past agents. Do not present false documents.
The right to due process in immigration court (and what that does—and doesn’t—mean)
If ICE issues a Notice to Appear (NTA), your case may be placed in removal proceedings in Immigration Court (EOIR). Due process protections apply, but immigration court is civil, not criminal.
Legal basis
- Fifth Amendment due process.
- INA § 240 (removal proceedings).
- 8 C.F.R. Part 1240 (procedures in removal proceedings).
- Matter of M-A-M-, 25 I&N Dec. 474 (BIA 2011) (mental competency safeguards; due process requires a fair hearing).
Who has these rights?
Anyone placed in removal proceedings has procedural rights, including:
– Notice of charges
– Opportunity to obtain counsel (at your expense)
– Opportunity to present evidence and examine evidence against you
How to exercise them
- Do not miss court. Missing a hearing can lead to an in-absentia removal order.
- Keep your address updated with the court using Form EOIR-33.
- Request time to find counsel at the first hearing if you do not have a lawyer.
Deadline (Callout #2): Address changes must be reported.
If you move and do not update EOIR, you may never receive hearing notices. That can trigger an in-absentia order.
Common ways people accidentally waive or lose rights during worksite enforcement
Worksite operations are fast and stressful. These are common pitfalls:
1. Talking “off the record.” There is no off the record with federal agents.
2. Handing over false papers. A false document can trigger criminal exposure and can severely damage immigration options later.
3. Signing a statement without translation. If you did not understand it, say so and refuse to sign.
4. Consent searches. Saying “sure” can expand what agents can do. You can refuse consent.
5. Relying on rumors about “safe places.” DHS has recently stated it removed prior restrictions tied to certain locations. Do not assume a workplace, clinic, or church is immune from enforcement.
Don’t sign any papers you don’t understand or that aren’t translated. Insist on an interpreter and a lawyer before signing to avoid waiving rights or triggering unintended consequences.
If you are arrested at work: what to ask, and what to do next
Ask these questions (briefly)
- “What agency are you with?”
- “Am I being detained or arrested?”
- “What is the basis?”
- “Can I call my lawyer?”
If you have an A-number, provide it to your lawyer or family. If you do not, they can still search using name and birthdate.
Protect your family and documents
If you have children or dependents, try to make one phone call to:
– Arrange childcare
– Provide location information
– Share medical needs
Do not discuss your entry, your employer’s practices, or other people’s status on a recorded jail line.
Warning (Callout #3): Recorded calls can be used.
Detention center calls are often recorded. Assume anything you say may be reviewed.
Special concerns for visa holders (including H-1B)
Worksite enforcement does not only affect undocumented workers. It can also disrupt lawful workers if an employer is investigated, or if documentation is questioned.
H-1B workers
- H-1B status is employer- and job-specific. If an H-1B worker is terminated, there may be a limited grace period in some situations, and options may depend on timing and filings.
- DHS announced H-1B policy changes including a weighted selection process and new fees for certain petitions beginning in 2026. Those developments can affect strategy if a job ends during an investigation.
If you are an H-1B worker questioned at work:
– You still may remain silent.
– You may ask for a lawyer.
– Avoid guessing about petition details, wage levels, or worksites.
Bring issues to immigration counsel quickly, because deadlines and portability options can be time-sensitive.
F-1 students on OPT
- If your employer is raided or shut down, your work authorization compliance may be affected.
- Do not “paper over” gaps with inaccurate SEVIS updates.
- Talk to a qualified attorney before making changes that could be viewed as misrepresentation.
For employers: what your company can (and should) do during an I-9 audit or raid
Employer compliance is not just about avoiding fines. It can also reduce worker harm and reduce operational chaos.
Legal basis (high level)
- INA § 274A (unlawful employment; I-9 requirements).
- 8 C.F.R. § 274a (employment verification rules and penalties).
Practical steps
- Designate a response team: HR, site manager, counsel.
- Train staff to direct agents to one point of contact.
- Keep I-9s organized and separate from personnel files where appropriate.
- Do not reverify or “over-document” employees based on national origin or accent. That can create discrimination risk.
Civil fines for I-9 violations and knowingly hiring unauthorized workers were adjusted for inflation effective January 1, 2026, with per-violation ranges that can become significant in large audits.
Warning (Callout #4): Don’t single out workers.
Selective reverification based on appearance or language can create discrimination exposure. Use consistent, written procedures.
If your rights are violated: document, report, and get counsel
If you believe agents used coercion, denied medical care, used excessive force, or ignored warrant limits, take steps that preserve evidence.
- Write down details immediately: date, time, location, badge numbers, vehicle numbers, witnesses.
- Preserve documents: NTAs, warrants, subpoenas, I-9 notices, custody paperwork.
- Seek medical evaluation if injured and keep records.
- Consult an attorney before filing complaints, because complaints can interact with pending immigration cases.
Possible reporting channels may include DHS’s Office for Civil Rights and Civil Liberties (CRCL) and the DHS Office of Inspector General, depending on the issue. An attorney can help decide what is appropriate and safe.
Where to get help now
If you or a loved one is affected by worksite enforcement in Minnesota or elsewhere, legal triage matters. A removal case can move quickly, and early decisions can shape long-term options.
Official information and court resources:
– EOIR Immigration Court information: EOIR Immigration Court information
– USCIS forms and policy updates: USCIS forms and policy updates
Legal help directories:
– AILA Lawyer Referral
⚖️ Legal Disclaimer: This article provides general information about immigration law and is not legal advice. Immigration cases are highly fact-specific, and laws vary by jurisdiction. Consult a qualified immigration attorney for advice about your specific situation.
This guide outlines essential legal protections for workers and employers during ICE workplace enforcement actions. It emphasizes the universal right to remain silent, the necessity of judicial warrants for searching nonpublic areas, and the importance of due process in immigration court. As enforcement operations expand, the article provides actionable steps for exercising rights, avoiding common pitfalls like signing untranslated documents, and seeking qualified legal representation.
