A Yakima, Washington, attorney familiar with the tree fruit industry has been dispensing some advice for employers concerned that federal immigration agents will show up at their workplaces.

The first suggestion is to plan ahead.

“Just like a fire alarm and fire drills, you need a plan for when someone shows up,” said Sarah Wixson of Stokes, Lawrence, Velikanje, Moore and Shore.

Wixson has not heard of broad workplace raids by Immigration and Customs Enforcement officers to detain multiple people since President Trump took office amid his promises to deport undocumented immigrants. The calls she has fielded involve targeted visits for individuals. 

Wixson suggests companies designate certain individuals who are authorized to communicate with federal Immigration and Customs Enforcement officers —more than one person if a company has many, spread-out locations. Post a list with those names and contact numbers in offices, she said, and remind all other employees they do not have to answer the officers’ questions or provide them access to private facilities unless the officers have a warrant.

However, she does not recommend employers try to forbid their workers from talking to officers.

Employers may share information and resources, such “know your rights” cards or contact information for the Northwest Detention Center in Tacoma, Wixson said. She has been sharing advice, in Spanish, about how to vet information as true or false, and she has also shared the Immigration Safety Plan for Youth and Children from the Legal Counsel for Youth and Children, which helps undocumented workers plan for the care of their children.

The information should be given out broadly, Wixson said. 

Employers must collect an I-9 form from employees at the time of hire, but employers should not ask existing workers about their status, Wixson cautioned. If an employee reveals that they are in the country illegally, the company must terminate them, by law.

She recommends the following resources:

—I-9 guidance: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274.

—A guide to a workplace ICE visit: https://www.nilc.org/resources/a-guide-for-employers-what-to-do-if-immigration-comes-to-your-workplace/.

—The Immigration Safety Plan for Youth and Children (in Spanish): https://static1.squarespace.com/static/533dcf7ce4b0f92a7a64292e/t/587f60deb3db2b428f6cd6f5/1484742893657/ImmigrationSafetyPlanforYouthandChildren+1-13-16+-+Espanol+FINAL.pdf.

—Information about the Northwest Detention Center: https://www.nwirp.org/resources/nwdc/.

by Ross Courtney