I've written several articles in the past few years about supporting Hispanic-Latine, Muslim, Native American, Black, and LBGTQIA colleagues. But now recent statements and inhumane actions by the new administration means supporting your colleagues requires so much more.
ICE agents arrested Honduran immigrant Wilson Rogelio Velásquez Cruz at church in Tucker, Georgia on Sunday. Escaping violence in Honduras, he arrived in 2022 on a work permit while awaiting a pending asylum case. He worked at a tire store on a work permit that is valid for four more years. He is not a criminal, but he will be deported without a hearing. He leaves behind a wife and three children who relied on his income for survival.
Immigrants make up over 19% of the US workforce as of June 2024. They participate in the labor force at a higher rate than U.S.-born workers, according to the Bureau of Labor Statistics. They pay taxes but cannot access many tax-funded services. Given our large dependence on immigrants to keep the country running, economists predict higher prices and difficulties getting things done with this new administration.
In the coming four years, nearly every immigrant worker will face stress, anguish, and possible detention...or their loved ones or community members will.
These new immigration actions will not just affect immigrants with criminal records...they will reach into every area of society. How can you help your immigrant employees and their families face what's coming? I have a four-point plan. Note: I am not an attorney, and this post should not be considered legal advice.
1. Help your employees make a plan
Offer resources to your employees so they understand their rights. The Immigrant Legal Resource Center has a Family Preparedness Plan toolkit and offers Red Cards, which help people assert their rights and defend themselves. They are available in 16 languages.
Immigrant rights organizations have location-specific resources. For example, the Portland Immigrant Rights Coalition has a hotline and training resources (example below; also in Spanish) so immigrants understand their rights and can make a plan.
2. Know your employer rights and Prepare your staff
You can minimize anxiety in your workforce by educating and informing your staff. In addition to making sure your immigrant workers are prepared, you should educate and inform the rest of your employees too. The National Employment Law Project has a guide to help prepare for immigration raids (see #3). ICE agents do not always have a right to enter your business, stop or arrest your workers, or take documents. NELP advises employers to:
Arrange a "Know Your Rights" training for your staff and pay them for attendance.
Train all workers to NOT interact with or allow ICE agents to enter your workplace. They can say, “I can’t give you permission to enter. You must speak with my employer.”
Notify authorized representatives as soon as ICE agents arrive.
Advise employees to assert their 5th Amendment right to remain silent: "I do not have the authority to answer questions."
Keep agents out of non-public spaces except to have them wait in an office or conference room.
Maintain privacy by limiting speaking within earshot of ICE agents and covering private documents.
"As employers, it's our responsibility to center the ones who are most likely to be harmed by this xenophobic policy: our green card holders, our DACA recipients, their family members, and others," says Marina Martinez-Bateman, CEO of New Coyote Consulting. "We must educate ourselves and our staff on proper procedure when ICE comes to our workplace. Keep in mind that they have been known to present fake, inaccurate, or incorrect warrants. We are the first line of defense against illegal search and seizure. Not just of our employees and their data, but of our own and our customers and clients."
Make a workplace Crisis plan
Get prepared for a potential ICE workplace raid and practice, just like a fire or emergency drill. In HR Executive, Jen Coletta shares several curated recommendations for how to do this:
Work with your leaders and outside counsel to create a response plan, which should include well-trained crisis managers to engage with ICE.
Develop a communications plan for who should be informed if ICE or police arrive onsite.
Make sure you have updated emergency contacts for all your employees.
If a workplace raid does occur, document the incident with all details, including how many agents arrived, their appearance, who they talked to, and what they did.
Have HR contact arrested workers’ families and contact immigrant right nonprofits and local organizations to share the incident and explore advocacy options.
Discuss compliance requirements and what you can share with employees with your legal representatives.
Make sure your documentation is up to date. Appoint an HR leader to self-audit employment eligibility I-9s and ideally with legal counsel. Maintain thorough payroll records for all employees.
Offer support to Immigrant employees
Your immigrant employees (especially nonwhite ones) may be living in fear, dread, and uncertainty and afraid to go out in public. With their rich cultural heritage and diverse perspectives, immigrant employees contribute significantly to the workforce. However, they need support more than ever right now.
"Latino families are the public face of ICE incidents, but many undocumented folks are found in Asian and Black communities, not to mention a lot of Europeans," says Veronica Arreola, former director of Hispanic Serving Institution Initiatives at the University of Illinois at Chicago. "All workplaces need to understand that many of our families are under attack - undocumented, transgender, etc. - and have compassion when their employees need to take time off. The Executive Orders are coming at us furiously, so they will take its toll on many folks."
This support could include:
Offering compassionate time off to immigrant employees facing mental health challenges right now
Starting an employee network group for immigrants so they can share stresses and support each other
Protect confidentiality and respect fears about public exposure during this time
Share truth, combat misinformation about immigrants and refugees, and promote cultural sensitivity among all your employees
Amplify stories of immigrants and refugees (one of my favorite nonprofits, The Immigrant Story, is a great place to start!)
Challenge misconceptions and xenophobia when you encounter them; explain how immigrants enrich our communities
Arrange volunteer events to support refugees and immigrants
Use your platform to advocate for immigrants--contact your elected leaders, write letters to the editor, and share positive stories
Donate to immigrant justice organizations and consider launching an employee giving campaign to show your entire workplace's support
Hire refugees and immigrants so they can build new lives--you can even become a Preferred Refugee Employer!
Support refugee- and immigrant-owned businesses in your community
Supporting immigrant workers is not only the right thing to do...it's also an investment in your organization’s success and growth. Research shows that immigration benefits all Americans and strengthens the economy, according to FWD.US. Your immigrant employees also benefit and strengthen your company. It's your responsibility to take care of them and prepare them for the stresses to come in the next four years.
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