Can Your Employer Threaten to Report You to ICE?

Employment laws in the United States are designed to protect all workers, regardless of their immigration status. However, some employers may attempt to exploit workers by using immigration-related threats as a means of control or retaliation. 

If a worker is facing threats from an employer about being reported to the U.S. Immigration and Customs Enforcement (ICE), it is essential for them to understand their rights and legal protections.

Is It Legal for an Employer to Threaten Their Employees to ICE?

It is illegal for an employer to threaten to report an employee to ICE as a form of retaliation or intimidation. 

Federal and state laws protect workers from discrimination, coercion, and retaliation based on their immigration status. Regardless of the situation, the law provides protections for workers against unethical treatment in the workplace

Federal Protections Against Immigration-Related Threats

The act of threatening employees with ICE to make them compliant with unlawful workplace practices is an unethical and unlawful use of power in the workplace. The following federal laws outline several scenarios where employers can’t use an employee’s immigration status as a weapon against them. 

• National Labor Relations Act (NLRA): The National Labor Relations Act protects employees who engage in collective activities, such as forming a union, discussing wages, or protesting unfair working conditions. If an employer threatens to report a worker to ICE in response to such activities, they may be violating federal labor laws.
• Fair Labor Standards Act (FLSA): The FLSA ensures that all employees, regardless of immigration status, have the right to fair wages and overtime pay. Employers who retaliate against workers for filing wage complaints may face legal consequences.
• Title VII of the Civil Rights Act of 1964: Title VII prohibits workplace discrimination based on race, color, religion, sex, or national origin. If an employer threatens to report a worker to ICE based on their national origin, it may be considered unlawful discrimination.

California Protections

California has enacted several strong laws to protect workers, regardless of their immigration status. For example, California Labor Code 1019 strictly prohibits employers from using immigration related threats to retaliate against workers who are exercising their rights. 

In addition, California Civil Code 52.1, more commonly referred to as the Bane Act, protects people from threats and acts of intimidation and allows them to file civil lawsuits against anyone, whether they are a government official or a private individual. 

Do Undocumented Workers Still Have Rights?

All workers, regardless of immigration status, are protected under both U.S. labor laws and state-specific regulations. While undocumented workers may not be eligible for certain federal benefits, they are still entitled to fundamental labor protections. 

In many cases, employers who retaliate against undocumented workers—particularly by making immigration-related threats—may face serious legal consequences.

What Are the Consequences for Employers Who Threaten Workers with ICE?

Employers who threaten workers with immigration-related retaliation may face severe consequences such as fines, legal penalties, or even loss of business licenses.

Employers who engage in unlawful practices may face a range of discrimination-based lawsuits and investigations by federal labor authorities, which can result in severe penalties and stricter enforcement measures depending on the nature and severity of the violation.

What To Do If An Employer Threatens to Report Their Employee to ICE?

If an employer decides to make immigration-related threats against their employees, it is vital that affected employees stay calm and act accordingly to ensure their rights are protected.   

1. Keep a Documented Record

Thoroughly record any threats, emails, text messages, or conversations in which an employer references ICE or uses a worker’s immigration status against them. 

Detailed documentation can serve as critical evidence in a workplace retaliation or discrimination case, and can strengthen legal claims if an employee chooses to file a complaint.

2. Contact a Workers’ Rights Organization

Several organizations provide legal assistance and guidance to workers facing immigration-related threats, including:

• National Immigration Law Center (NILC)
• American Civil Liberties Union (ACLU)
• Immigrant Legal Resource Center (ILRC)

Worker’s rights organizations can help people understand their legal options. While every case is different, worker’s rights organizations offer resources that are educational and insightful.

3. Seek Legal Help

When facing workplace retaliation or discrimination, having strong legal representation is essential. Lawyers for Justice, PC (LFJ) specializes in employment law and protects workers’ rights, including those of undocumented employees. 

LFJ operates on a contingency-fee basis, meaning there are no upfront costs. Legal fees are only collected if the case is won.

With an experienced legal team dedicated to fighting for justice and securing the best possible outcome, workers have confidence that their case is handled with the expertise and commitment it deserves. Lawyers for Justice, PC is the trusted choice for holding employers accountable and protecting workers from unlawful treatment.

Lawyers for Justice, PC Is Here to Help

No worker should have to endure threats of ICE. Federal and state laws exist to protect all workers, including undocumented employees, from discrimination, exploitation, and coercion. 

If an employer unlawfully threatens to report an employee to ICE, it is important to recognize that all workers have rights and legal avenues to protect themselves.

Regardless of immigration status, the experienced legal team at Lawyers for Justice, PC can secure justice and compensation for every client.

Contact (818) 265-1020 today for a free case consultation.