By: Jamie Davila, Esq.

Date: July 15, 2025

With the news of ICE raids becoming more frequent, it is not uncommon to know about the latest ICE raids in the area, usually at restaurants, farms, factories, or construction sites. However, it raises the question of what to do if your employer uses the threat of calling ICE as a threat to discourage filing a complaint about discrimination or any other workers’ protection rights being violated?

If your employer has threatened you or a coworker with calling ICE or the authorities as a response to failing to follow directions or finish an assigned task or in response to complaining about working conditions or a wage issue, just know that the employer is attempting to use the threat of calling ICE or the authorities as a retaliation tactic. This retaliation is unlawful as federal law provides protection from retaliation when exercising your right to a safe and healthy workplace, minimum wage or overtime, and to not experience discriminatory conduct in the workplace just to name a few protections[1].

One thing to note, if you are being retaliated against due to your immigration status, it is unlawful, and you have protected rights against this type of retaliation[2]. In New Jersey, discrimination based on immigration status is prohibited under the New Jersey Law Against Discrimination as the law provides protection from discrimination based on national origin, which includes citizenship or immigration status. Retaliation on immigration status can include situations and actions that include but are not limited to the threat to call immigration, a request for a new I-9 employment verification documents or social security number information, and employer efforts to call the police and involve immigration.

If you feel that you are being a target of discriminatory treatment or not being accommodated due to your religious beliefs, or if you have any questions regarding your rights as an employee, you should seek out an experienced attorney who concentrates in employment law. Our firm has been concentrating in employment law for over twenty-two (22) years!

En nuestra firma hablamos español. This blog is for informational purposes only. It does not constitute legal advice and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice regarding your particular set of facts. This blog may constitute attorney advertising. This blog is not intended to communicate with anyone in a state or other jurisdiction where such a blog may fail to comply with all laws and ethical rules of that state or jurisdiction.

 [1] Preventing Discrimination, https://www.faruqilaw.com/blog/957/new-jersey-passes-law-penalizing-employers-for-threatening-to-report-or-reporting-workers-immigration-status (Last visited on June 19, 2025).

[2] Acting Governor Way Signs Legislation Broadening Protections for Immigrant Workers, August 8, 2024, https://www.nj.gov/governor/news/news/562024/approved/20240808b.shtml#:~:text=TRENTON%20%E2%80%93%20Acting%20Governor%20Way%20today,up%20their%20own%20labor%20violations. (Last visited on June 19, 2025).