This guidance was prepared by Lowenstein Sandler LLP (Lowenstein Sandler), New York Lawyers for the Public Interest (NYLPI), Lawyers Alliance for New York, and the Nonprofit Resiliency Network to help nonprofit employers protect their staff, clients, and mission as they navigate the current immigration enforcement environment.
This document is designed for nonprofit leaders who may not be lawyers. It focuses on practical decision-making, risk management, and governance considerations that arise when organizations encounter immigration enforcement activity.
Employee Rights, Safety, and Employer Responsibilities
Nonprofit employers face overlapping responsibilities during immigration enforcement activity, including workplace safety, nondiscrimination, wage and hour compliance, data privacy, and fiduciary governance. These obligations apply regardless of the immigration status of any individual employee or client.
1. What responsibilities do nonprofit employers have to ensure employee safety during immigration enforcement activity?
General Duty to Provide a Safe Workplace
Employers have a general duty under workplace safety laws to provide a reasonably safe workplace. This obligation does not change in the context of immigration enforcement.
In practice, this means employers should take reasonable, proactive steps to reduce foreseeable risks—particularly
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