What to know about threatening to report undocumented immigrants to ICE:
- Employers and landlords cannot use your immigration status to intimidate, retaliate, or harass you. Workplace and housing laws protect you.
- Keep records of threats, including written messages, emails, and witness statements. This can help in legal action if needed.
- Contact an immigration attorney or nonprofit organizations that offer free legal assistance. Reporting threats can protect you and others.
- Identify trusted contacts, store important documents in a safe place, and be ready for unexpected situations involving immigration enforcement.
- You are not required to share your immigration status. If ICE agents approach you, you have the right to remain silent and refuse to sign documents without a lawyer.
Threatening to report someone to U.S. Immigration and Customs Enforcement (ICE) as a form of intimidation or retaliation is illegal, especially in New York, where strong worker and tenant protections exist.
Employers and landlords cannot use immigration status to threaten, harass, or exploit individuals. In many cases, these actions violate state and federal laws, including labor laws and fair housing protections.
NYC has a law that makes it a Class A misdemeanor to verbally or in writing threaten to report someone’s immigration status to ICE. The offense is punishable by up to 364 days in jail and a $1,000 fine.
The law could also provide a potential pathway to legal status, according to Razeen Zaman, director of immigrant rights at the Asian American Legal Defense and Education Fund. Undocumented immigrants who experience such threats may file a police report, which could help them qualify for a U visa, a designation for crime victims that may eventually lead to a green card.
However, she noted that the law does not prevent someone from reporting an undocumented immigrant to ICE, only from using the threat as a form of coercion or intimidation.
If your employer or landlord threatens to report you to ICE, you have rights regardless of your immigration status. Here’s what you should do:
Know your rights
- Retaliation is illegal. Employers cannot threaten to report you to ICE in response to a workplace dispute, such you as asking them for unpaid wages or reporting unsafe conditions. This is considered retaliation and is illegal under federal law.
- Fair housing laws protect you. A landlord cannot use your immigration status as a way to harass or evict you unfairly. Some states, including New York and California, have laws specifically prohibiting this type of discrimination.
Do not share personal information
- You are not required to share additional immigration details with your landlord or employer beyond what is necessary for employment verification.
- If ICE agents come to your home or workplace, you have the right to remain silent.
- Do not sign any documents without speaking to a lawyer.
Seek legal help immediately
Filing a complaint against your landlord or employer does not require disclosing immigration status, and agencies like the NYC Commission on Human Rights have pathways for people to report violations anonymously. These agencies investigate claims, warn landlords and employers about legal consequences, and can impose fines or take further legal action if the harassment continues.
Although the law prohibits retaliation against tenants or workers who file complaints, undocumented individuals may still fear exposure. Seeking legal advice from trusted organizations can help ensure that taking action does not put an undocumented immigrant at risk of deportation and, in some cases, may even open pathways to protections like a U visa.
For legal assistance, you can reach out to:
- Make the Road New York
- Catholic Migration Services
- The National Immigration Law Center (NILC)
- The American Civil Liberties Union (ACLU)
- The Immigrant Defense Project
These organizations provide free or low-cost legal support and can help navigate tenant and workplace protections for undocumented individuals. Consulting with an immigration attorney is also recommended for personalized guidance.
If you cannot afford a lawyer, look for local nonprofits or legal aid organizations that offer pro bono services.
Reported to ICE? Report the threat
- If your employer is making threats, file a complaint with the National Labor Relations Board (NLRB) or the Department of Labor.
- If your landlord is threatening you, report them to your local housing authority or a tenant rights organization.
Prepare an emergency plan
- Make a plan in case of an unexpected ICE encounter.
- Identify a trusted friend or family member who can be contacted if needed.
- Keep copies of important documents, such as identification, lease agreements and pay stubs, in a safe place.
Threats of immigration enforcement are often used to intimidate people into silence or compliance. Knowing your rights and seeking legal support can help protect you. If you or someone you know is facing this situation, reach out for assistance immediately.
