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Action Alert! Federal deployment is expected in Chicago this week, which could include separate branches of the Department of Homeland Security, Homeland Security Investigations (HSI) or Immigration and Customs Enforcement (ICE).
With increased immigration action taking place in Chicago and across Illinois, it's important that you know your rights! Ensure you are in compliance with existing regulations and protect your employees and operations.
If ICE is conducting an I-9 audit, which is a formal inspection to determine if an employer has correctly completed and maintained Form I-9 for all employees to confirm their identity and eligibility to work, they will present an administrative subpoena along with a Notice of Inspection (NOI). The company is typically given 72 hours to respond to a NOI.
If ICE or HSI are conducting a “raid” as opposed to an audit, then they may ask to enter private areas of a business. Immigration enforcement officers are permitted to enter any public areas of your workplace, but must have a valid warrant signed by a judge (a judicial warrant) to enter any private areas of the premises. Unlike a judicial warrant signed by a judge, an ICE administrative warrant does not authorize entry into private areas of a business without the business owner’s consent and it does not establish probable cause under the 4th amendment.
Below you will find an example of an administrative warrant vs. a judicial warrant. Click each image for a full-size version.
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