The Hispanic Chamber of Commerce is actively responding to concerns from business owners facing the possibility of immigration enforcement agents entering their establishments, requesting documentation, or detaining individuals. It is essential that business owners know their rights and are prepared to assert them.
KNOW YOUR RIGHTS
As a business owner, you are protected by the U.S. Constitution and due process laws. If an enforcement agent enters your place of business, you have the legal right to ask questions, refuse access to nonpublic areas, and request documentation.
YOUR RIGHTS AS A BUSINESS OWNER:
- Entry into Nonpublic Areas
ICE or federal agents cannot enter nonpublic areas of your business (such as kitchens, offices, or staff-only areas) without a judicial warrant signed by a judge and specifying your business address.
You may state:
“This is a nonpublic area. Please show a judicial warrant to proceed.”
- Right to Refuse Service
You have the right to refuse service to federal agents who do not present valid legal documents authorizing them to take specific actions on your property.
- Protection of Private Business Areas
You are not required to allow enforcement agents into areas of your business that are not open to the public. You may ask them — and others — to remain in public areas unless they present a valid judicial warrant.
- Requests for Employee Documents
If agents ask to inspect your employee records, you have the right to request a written “Notice of Inspection.” You are entitled to 24 hours to review and respond.
You may state:
“I am exercising my right to due process. Please return with a written Notice of Inspection. I will provide redacted copies of the documents listed in that notice within 24 hours.”
- Limitations on Document Requests
You are not required to provide any documents that are not specifically listed in the official Notice of Inspection.
- Right to Record
You have the legal right to record all interactions with enforcement agents inside your business.
DO NOT BE INTIMIDATED
