Expanding Safety, Protecting Community
Ultra Advising works with clients throughout the Northeast, with a healthy contingent based in New York City and the Hudson Valley. Most do not have huge events. None are at particularly high risk for a vist from federal agents. However, in this volatile moment, we want everyone to be prepared for whatever may come, with the goal of protecting your organization, your staff, and your constituents. We have participated in a few trainings on how to respond to ICE at a public event, and we have done some community watches at events. We want to offer the best advice to offer our clients and the wider field of nonprofit and public-facing organizations. With all of this in mind, here is what we recommend, as well as a few resources for follow-up.
First, did you know that all organizations (non-profit and for-profit alike) must have a form I-9 for all employees. If not, well, neither did we. Now we know. All U.S. employers must complete a Form I-9, officially the Employment Eligibility Verification form, for every new hire—citizen or noncitizen—to comply with the Immigration Reform and Control Act. Just to spice things up, the federal government has been increasingly conducting “I-9 Audits” to verify that employers are compliant and have I-9s for every employee. The feds do not need a warrant to conduct this audit.
You can read more about I-9s and I-9 Audits HERE. Also HERE. Also an incredibly detailed video on how to complete I-9s (it’s tedious AF but it’s very smart and thorough) is HERE.
Second, if you host public-facing events, we highly recommend that you develop a plan for what to do if federal agents show up. Are federal agents likely to target a poetry reading, a concert, or an art opening? Not at the moment, no. But their methods and areas of concentration are always changing and it is good to have a plan, just in case. Who will take the lead on speaking to the agents? Who will film/document the encounter? Do you know what to ask them? Do you have a hotline to call so people trained in handling encounters with ICE can support you? Do you have Know-Your-Rights information at hand? You want a simple outline that everyone can follow if, and hopefully it won’t happen, you get a visit from federal agents.
Know that the planning you do now, as an organization and as community members, will help to keep everyone safe. The protocols you practice for your organization’s events will also work in almost any situation in which agents show up, and could protect people and families anywhere.
“This is an issue that every organization should be thinking about,” said William Wang, assistant attorney general in the Charities Bureau of the New York State Office of the Attorney General. “The leaders of your organization should know the rights and responsibilities of their organization and the people that they serve. If they do receive inquiries or visits from ICE, your organization should develop policies to deal with such situations.”
Ultra Advising is not legal counsel, of course. And you will want to seek legal counsel if you think your organization might become a target. However, we have been trained on what to do if federal agents come to an event, and how to de-escalate encounters wherever possible — and we’re happy to answer simple questions you may have and share our resources. Just write to us at info@ultraadvising.com.
Be safe, friends. And let us know if we can support you. You might also want to check out some organizations in your area that offer trainings and rapid response.
And, in signing off, here are a few resources:
Sample Protocol for Working with ICE (Please request access to this file, we will grant it stat)
New Study Highlights Impact of Trump Administration Actions on Nonprofits
