What you need to know about ICE on the jobsite

By Dani Sheehan.

With current immigration enforcement actions creating fear and uncertainty in the industry, it is important for contractors and owners to be prepared while also staying compliant with the law.

Our industry has long relied on a mix of domestic and foreign labor to meet its workforce demands. However, as immigration policies shift, you should stay informed about potential enforcement actions by the U.S. Immigration and Customs Enforcement (ICE) department. A recent Coffee Conversations, made possible with support from partners like Central States Manufacturing, tackled this pressing issue with insights from industry legal expert Trent Cotney of Adams and Reese LLP.

Understanding ICE and its role

ICE, a federal agency under the Department of Homeland Security, is responsible for enforcing immigration laws, conducting workplace inspections and handling deportation proceedings. According to Trent, ICE activity has increased in recent months, with more reports of jobsite raids, I-9 audits and notices of inspection (NOIs) being issued to employers.

“You should understand that ICE does have authority to inspect workplaces for immigration violations, but you need to understand what your rights are, what your employee rights are and make sure that you are walking a line that you’re not obstructing investigations or anything of that nature,” Trent emphasized.

How you can be prepared

Given the increased enforcement, Trent stressed the importance of preparation and legal compliance. He offered a few key strategies you and your company should implement:

• Develop a Standard Operating Procedure (SOP): Just as you prepare for OSHA inspections, you should have a plan in place for ICE interactions. Train supervisors on how to handle ICE visits to ensure your employees know their rights and responsibilities.
• Maintain proper documentation: While you legally have three days to provide I-9 forms in the event of an audit, it’s good practice to keep them separate from general employee files to allow for quicker access when needed.
• Understand warrant requirements: ICE agents may present either an administrative or judicial warrant. “An administrative warrant is not signed by a judge and only allows for detaining individuals in public spaces,” Trent explained. “A judicial warrant, signed by a judge, is required for ICE to enter private property.” He illustrated this with a scenario: If an ICE agent arrives at a job site with an administrative warrant and demands to enter a private trailer or office, they cannot legally do so. Only a judicial warrant would permit entry into non-public areas, reinforcing the importance of knowing what type of warrant is being presented.  
• Use proper signage on job sites: To prevent unauthorized entry, you can post signs such as “Restricted Access” or “No Trespassing, Private Property” on both commercial and residential projects. This can help define job sites as private spaces, requiring ICE agents to present a judicial warrant for entry.

ICE enforcement can have significant implications for you and your company, affecting workforce stability and compliance obligations. It is important to understand the legal landscape and be prepared to navigate these challenges – there aren’t just fines involved, but potential criminal ramifications.

Read the transcript, Listen to the podcast or Watch the webinar to learn more about navigating workplace immigration enforcement in a way that is legal, ethical and effective.