Here in Hawaiʻi, businesses are part of the community fabric — and right now, that community needs your help. ICE agents have been conducting raids and arrests across the state, entering workplaces and creating fear among employees, customers, and guests alike. As a business owner or manager, you can protect the people in your care.
There are two concrete things you can do: designate protected areas on your premises, and make sure your staff knows how to respond if agents show up.
Designating a safe area on your premises
The Fourth Amendment protects private spaces from warrantless entry — and that applies to businesses too. ICE agents cannot enter non-public areas of your business without a judicial warrant, signed by a judge and listing a specific name and address. An administrative warrant (Form I-200 or I-205) does not authorize agents to enter.
Non-public areas typically include:
- Back-of-house spaces such as kitchens, stockrooms, and staff break rooms
- Private offices and meeting rooms
- Hotel guest rooms and service corridors
Designating these as protected areas means deciding in advance that agents will not be admitted without a valid judicial warrant, and making sure your staff knows this policy and is prepared to enforce it calmly.
To put this in place:
- Identify which areas of your business are non-public and not accessible to the general public.
- Post a clear notice at the entrance to those areas stating that entry requires a judicial warrant.
- Brief your staff on the policy (see below).
If agents arrive and request entry to a non-public area, staff should ask to see the warrant, without opening the door or granting access. If a warrant is presented, they should check that it has been signed by a judge and includes a specific name and address (not just an administrative form). If there is any doubt, staff should say they need a moment to verify and contact a manager immediately.
Train your staff
Your staff are on the front line: they need to know what to do before an incident happens, not during it.
The most important things for staff to understand:
- They should ask to see a warrant before allowing entry to non-public areas. If agents present a warrant, staff should not snatch it, but they can ask to read it carefully. They are looking for a judge's signature and a specific name and address.
- They should not physically interfere with agents, but they also do not have to consent. There is a clear difference between obstructing an enforcement action (which is illegal) and simply not volunteering access, information, or cooperation beyond what is legally required.
- They do not have to answer questions about anyone's immigration status. This applies to questions about employees, customers, and guests alike. Staff can say: "I'm not able to provide that information."
- They should stay calm and call a manager. Staff should not be expected to make legal judgment calls alone. Have a clear chain of contact so there is always someone available to step in.
- They should document what happened as soon as it is safe to do so. Time, location, number of agents, vehicle descriptions, badge or identification numbers if visible, and the names of any witnesses. This information may be important later.
For a full breakdown of constitutional rights in enforcement situations, refer staff to our Know Your Rights resource. Consider going through it together as a team.
Report incidents
If an enforcement action takes place at or near your business, please report it; find out how through this page. Your report helps document what is happening across the state and supports affected community members.
Ready to take action?
Designate your safe spaces, walk your team through this resource, and encourage them to read the Know Your Rights guide. If you are on the Kona Coast, Kona Indivisible's #AlohaOverICE campaign can connect your business with signage and support.