More than two dozen Rhode Island business owners announced a joint effort this month to create what they’re calling “immigrant defense zones,” where they pledge to prohibit immigration enforcement agents from their stores if they don’t have a warrant.
The advocacy group the Rhode Island Deportation Defense Coalition says at least 25 businesses have signed on, mostly in Providence.
So what rights do local businesses have during an immigration enforcement action? Morning Host Luis Hernandez posed that question and others to Ritu Maha Estes of Public Counsel, a nonprofit public interest law firm based in California.
Interview highlights
On whether a Rhode Island business owner can deny entry to a federal immigration official
Ritu Mahajan Estes: So the answer is, it depends. It depends on what type of area this official is trying to access. Generally, under the Constitution, we all have rights regardless of our immigration status. We all have rights, specifically under the Fourth Amendment, against unreasonable searches and seizures. What that means is any law enforcement (official), including immigration agents, need to in almost all circumstances, have a judicial warrant if they want to access what we call “private spaces.” For example, my home, which is a private space: If an agent wants to enter my home and search and seize in my home, I can demand that they have a judicial warrant.
On how businesses can handle immigration enforcement actions
Mahajan Estes: In one scenario, the agents… can be there, but the owner or whoever’s authorized to speak to these agents can definitely demand that they have a warrant to enter the private parts of the business, such as the kitchen or the office. And there are things that business owners can do to really keep those areas private, such as putting up signs that say, “Private. Authorized personnel only.” So that’s one scenario.
The other scenario is, let’s say you have a tip that ICE might be in the neighborhood. As a business owner, you are under your rights to just close the shop for the day, send people home, and not let the ICE agents enter your business. The door will be closed, and if they’re outside, you can say, “I’m not going let you in without a warrant,” because on that particular day, you’ve decided to close.
On whether businesses can be charged with disrupting a law enforcement action
Mahajan Estes: So there are federal laws called harboring and obstruction. These are federal laws that prohibit certain actions. For example, let’s say agents are at my store and I know they’re there for a specific staff member of mine because they’ve told me that they’re there for them, right? And then I purposely try to help that specific person run away or I hide them. That could be considered harboring and I could be charged with that federal crime.
And then there’s obstruction, which is another federal crime. Typically, what we advise business owners is: if you’re demanding that they have a judicial warrant to come into a private space, which you do have the right to demand, if they don’t listen and they just kind of blow you off, don’t put yourself in harm’s way. Don’t get in their face, don’t stand in front of them. In that case, what you should do is document and record from a safe distance and announce that you’re recording everything that’s happening. This later will be evidence of unlawful activities that you can then use in a potential lawsuit against the agent, or it could be used in the person’s case – whoever they detained – through these lawful actions.
On what business owners can do to prepare employees to interact with federal immigration officials
Mahajan Estes: Before anything like this happens, it’s good to sit down with your staff, train them, and talk to them about what steps need to be taken if agents show up. So have some kind of policy in place. It doesn’t need to be a super long policy, but even just 10 phrases that staff can use if agents show up. “I’m not authorized to speak with you.” “Please wait outside.” “I’ve called the person that is authorized to speak with you.” Then just keep repeating that.
We also advise staff to exercise their right to remain silent because you don’t have to talk to these agents. You don’t need to tell these agents where the person is that they’re looking for. You don’t need to hand over documents to them. So you basically just remain silent. You call the authorized person who’s the one that’s supposed to speak with them.
We also advise people not to lie, right? Don’t say anything false. Do not run, because here in L.A. people are running because it’s very scary. The agents are showing up with AK-47s and they’re not identifying themselves, so nobody even knows who they are. So the human reaction is you run, but if you run, these agents may be able to say, “Well, that gave us reasonable suspicion that you were doing something unlawful.”
