USCIS Workplace Visit Checklist

Yes, ICE is allowed to access areas of your workplace that are open to the public, such as lobbies and parking lots. However, ICE is not allowed to access non-public areas, such as restricted-access or employee-only areas, without a valid judicial warrant or consent from the employer.

Under California's Immigrant Worker Protection Act (AB 450), employers may not give "voluntary consent" for an immigration agent to enter non-public areas of a workplace without a valid judicial warrant.

AB 450, known as California's Immigrant Worker Protection Act, applies to all public and private California employers. Under AB 450, employers cannot:

• Give voluntary consent to immigration agents to enter non-public areas, or access employee records not publicly available, without a judicial warrant or subpoena.
• Reverify a current employee’s work authorization when not required by law.
• Engage in unfair immigration-related practices, such as using immigration-related threats against workers exercising their rights.

AB 450 also requires employers to provide employees and authorized representatives with notice within 72 hours of receiving a Notice of Inspection from an immigration agency for I-9 Forms or other employment records, among other requirements.

Make sure to regularly audit your I-9 Forms, train staff on what to expect during a workplace raid/audit, and designate a response team to handle communications with immigration agents.