Why ICE Raids Threaten Both the Food Supply Chain and the Customer
The grocery industry is one of the most essential in the world. It’s also extraordinarily vulnerable to disruption from immigration crackdowns. With 21% of labor in the food supply chain performed by immigrants, including almost half a million grocery store workers, mass detentions and deportations represent a serious threat to the industry as well as communities.
The fear of ICE actions also affects consumers, as the United States is home to 47.8 million immigrants. Documented raids have occurred in Pennsylvania and California at grocery stores. Reports of a produce market standing empty in Los Angeles because shoppers feared a crackdown speak volumes. So, what tools do grocers have to protect their teams and their customers?
It goes beyond politics – unlawful ICE raids are a violation of Fourth Amendment constitutional rights (protection from unreasonable search and seizure). Because of that, the most important thing any business owner can do is ensure that everyone – team member and customer alike – is aware of their rights and the rights of others in the event of ICE actions.
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In working with more than 100 businesses on ICE preparedness through the Fourth Amendment Workplace initiative, Siembra NC has seen that, while most people are aware of their rights if agents come to their homes, there’s less clarity about workplace protections. Stores that can demonstrate that they can and will prevent employees and shoppers from being detained by ICE play a critical role in preventing fear-based disruption to communities and teams.
Here are some key questions and answers to help stores prepare:
Q: What constitutes a public or private area, and what rights do agents have to enter?
A: Agents can enter any public part of the store without a warrant. This would include any areas shoppers can access, as well as the parking lot. Any back-of-house areas that are “employee only” are considered private. In previous raids, agents have attempted to enter through exit doors. If restrooms require shoppers to get a key or access code from staff, they can also be considered private.
To enter a private area, agents must show badges, ID and a judicial warrant. The warrant must show the correct company name and address, be properly signed and dated by a judge, include a timeframe within which the search must be conducted, and describe the premises to be searched and the items or people to be seized.
Q: What can be done to make it easier to prevent unauthorized access to private areas?
A: Simple protocols such as requiring that doors connecting public and private areas be locked can be helpful in making sure that agents can’t use existing public areas to enter private ones (this has happened in previous raids). Take time to evaluate whether any exterior doors normally left unlocked can be locked during business hours. If there isn’t already a protocol in place for restrooms, it might be worth weighing if adding a lock or key code is worthwhile.
Q: Who should interact with ICE agents?
A: Designate employees or legal counsel to serve as the point of contact for ICE agents. Other employees have the right to refuse to speak to agents until that person arrives. If legal counsel is the designated spokesperson, make sure that they are available any hours the store is open.
Q: What rights do employees have in dealing with agents?
A: As with any law enforcement encounter, everyone has the right to remain silent. Agents cannot compel employees to share IDs, time cards and employee records, nor can they require them to say whether a specific employee is working that day or to take the agents to that person.
Employees can request counsel or state that company policy requires legal counsel to review warrants before granting access. They have the right to inform anyone present that agents are on the premises (although this will likely apply more to other team members and any delivery services or other relevant third parties, rather than broadcasting the presence of ICE to customers). They have the right to restrict access to private areas without a proper warrant, and to refuse a search, even if a warrant is provided. Anyone also has the right to record what occurs.
Q: How can stores make it clear to customers that they’re protected?
A: Consider where posters can be placed (preferably in all languages commonly spoken by shoppers) stating employees and customers’ Fourth Amendment rights. In public areas, this could be on the door, by the shopping carts or baskets, at checkout, or behind the counter in the deli or meat departments. For employees, this could be in storage spaces and near doors.
