With ICE raids on the increase, the pressing questions are: Can
raids be avoided and if they can't, what can/should be done in the
event of a raid? The answer: until and unless a legalization program is
put into law, raids will, unfortunately, continue to be a major event
at all workplaces and cannot be avoided. However, there are several
ways to attempt to prevent being caught in a raid if you are
undocumented. With the full understanding that it is difficult (if not
impossible) to adhere to these rules when you need to go to work in
order to survive and your employment opportunities are very limited,
they are as follows:

1. Avoid accepting employment at large companies where the workforce
is predominantly immigrant and can be easily spotted. ICE has limited
"manpower" and generally does not want to dedicate its resources to
conducting raids where only a few undocumented workers will be picked
up. Prior to planning a raid, ICE will survey a business and make a
determination if a raid is worthwhile. In Pennsylvania we have what is
considered a large ICE enforcement team but in other jurisdictions,
such as Iowa (the site of the recent meatpacking raid), ICE must borrow
from other offices in order to carry out a raid. With the cost of
transporting and housing out of district agents, ICE must be able to
justify the "yield" from these raids.

2. Never carry any fraudulent documents with you. Of course, you
should not have them in the first place but the reality is that those
without legal status in the U.S. are often forced to use these
documents in order to survive. Keep in mind that, as seen in the Iowa
raid, ICE, in conjunction with the U.S. Attorney's office, is moving
towards criminal prosecutions for those caught using fraudulent
documents in order to satisfy the I-9 requirements. Depending upon the
jurisdiction in which you reside, the U.S. Attorney's Office may not
choose to bring criminal charges. However, don't count on this!

3. Many Employers are being visited by ICE and being told to hand
over their I-9 Forms. Once the Employer is notified that something is
wrong with its I-9 Forms, even though you have provided that Employer
documents that appear to satisfy all the I-9 requirements, diligent and
worried Employers (who thought that all was well until ICE informed
them to the contrary) will either, using the ICE handbook or by hiring
Immigration counsel, carefully review the documents you provided. If
your Employer calls you in and gently asks you about the veracity of
your documents, tell the truth and leave that company. As wonderful an
employee as you may be, the Employer cannot and will not protect you,
for you have lied on your I-9 application and thus placed the Employer
in jeopardy.

4. Have a plan in place if you are caught at work.  If you have a
cell phone and are permitted to call someone, do so immediately. If you
have child at home or in daycare, tell ICE, for rather than take you
into custody they very well may release you on a monitoring ankle
bracelet so that you may go home to your child that very day. It is
important to stress that ICE does not want your children and will not
take them away from you: they are yours, wherever you go!

5. Your rights if you are taken into custody: To be discussed next week so remember to pick up your issue of Al Dia!