Hartford Business Journal

HARTFORDBUSINESS.COM | FEBRUARY 10, 2025 15 also the concern that ICE agents may turn up on their doorstep. "We have a lot of clients — a lot of school clients, a lot of health- care clients, who are particularly nervous about what all of this looks like in a new Trump era," said immigration employment attorney Nina Pelc-Faszcza, of law firm Shipman & Goodwin. Schools and medical facilities in particular are worried because another execu- tive order explicitly reversed a long-customary practice that used to restrain ICE activity in these sensitive locations, along with houses of worship. "My biggest priority is helping employers toe the line between their instinct to protect employees or students or patients, versus understanding the risk of what happens when you push the boundaries too far," Pelc-Faszcza said. She's already drawn up guid- ance for her clients, making sure employers are aware of their rights. ICE agents are allowed in any public area of a business, but need either the business's permis- sion or a judicial warrant, signed by a judge, before they can go into non-public areas, for instance, a restaurant kitchen. "What's more likely to happen in these scenarios is ICE showing up with a removal warrant," she said. "They have an order of removal for someone who either works at that place of employment, or happens to be there." This kind of administrative warrant — one that's not signed by a judge — does not empower them to search anywhere in a place of business. The only circumstance in which ICE can make an exception is when there's a threat to national security or public safety. Pelc-Faszcza recommends busi- nesses and organizations get ready now with a preparedness plan, along with either training front-desk staff or designating one person who will handle any interaction with ICE, ensuring agents show identification and asking to see any kind of warrant that they have. "Remain calm and be cooperative," she said. "It's really important to never provide false information to a law enforcement officer. Don't hide anyone. It can be a federal crime to obstruct lawful ICE activity." However, she says, employers are within their rights to docu- ment a visit with photos or video, take notes, and accompany officers on any search of the premises. They also have the right to remain silent. Bucin, the Harris Beach Murtha attorney, said businesses should be proactive, for instance, by conducting an audit of the I-9 paperwork they hold on all employees, which records their eligibility to work in the U.S. "If you're doing it wrong, even for the other U.S. employees, you could be fined," she said. "Depending on the level of viola- tions, especially if it's knowingly employing unauthorized workers, you could even go to jail as one of the officers of that business. So, it's serious sanctions." And she sends the same preparedness message to workers who are currently undocumented. She says now is the time to explore with an attorney if they have a way to regularize their status. "Just because you ended up in undocumented status doesn't mean you have to be forever in that status," she said. "When ICE is at your door, that's too late." TOP H-1B EMPLOYERS IN CT (FY 2024) EMPLOYER H-1B BENEFICIARIES Yale University 262 Quest Global Services-NA Inc. 88 Cyient Inc. 68 Synchrony Bank 66 University of Connecticut 60 The Hartford 56 Yale New Haven Hospital 48 SS&C Technologies 47 Hartford HealthCare 46 Gartner Inc. 43 Source: U.S. Citizenship and Immigration Services Nina Pelc- Faszcza "Liberty Bank helped us become successful, and we'll continue to be successful." Michael Frisbie Founder, Noble Gas To meet their growing needs, Noble Gas came to Liberty Bank for experienced local lending teams, personalized ser vices, and a partnership that helped them reach their business goals. Contact our Commercial Lending Professionals at liberty-bank.com/commercial Member FDIC Equal Housing Lender. All loans and lines are subject to credit and underwriting approval. 24-LBB-0226_Comm_Lending_HBJ_9.75x6.75_Noble_M2.indd 1 24-LBB-0226_Comm_Lending_HBJ_9.75x6.75_Noble_M2.indd 1 1/31/25 11:42 AM 1/31/25 11:42 AM

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