Construction Law
How Employers Can Manage ICE Raids and Worksite Inspections
As President Trump takes action to crack down on immigration, many business owners are concerned about how their workplaces will be affected. They likely anticipate potential disruptions, legal challenges, and fearful workers. With Immigration and Customs Enforcement (ICE) ramping up efforts to identify undocumented workers, employers need to understand their rights, responsibilities, and steps they can take to safeguard their operations and employees.
What Are ICE Raids?
ICE raids are actions taken by immigration enforcement to identify and detain undocumented workers. Agents may visit job sites or offices in search of individuals without legal immigration status. While specific locations—such as schools, places of worship, and hospitals—are generally off-limits, most businesses are not immune to these inspections.
Historically, workplace raids have increased under stricter immigration policies, often leading to disruptions, legal complications, and negative impacts on employee morale. Understanding strategies for navigating these situations can help your business remain resilient.
Your Rights as a Business Owner
If ICE agents show up at your workplace, it is crucial to know your rights and ensure the authorities do not exceed their legal scope.
- You Can Deny Access Without a Warrant
- Understand that ICE agents are not legally allowed to enter your business without a valid, judge-signed warrant.
- If they present you with a warrant, take a moment to examine it and confirm that it grants permission to enter certain areas.
- Your Employees Can Remain Silent
- Your workers are not required to answer questions about their cultural background or immigration status.
- They are not obligated to offer documentation unless legally mandated.
- You Can Refuse Searches Without Consent
- You and your employees have the right to refuse searches of personal property or company areas unless ICE agents have probable cause or a warrant.
- Workers Have the Right to Legal Representation
- Employees detained during a raid have the right to consult with an attorney.
Preparing Your Business for an ICE Raid
Many businesses are on edge, wondering if they will be a target of an ICE raid. Being proactive is key to minimizing potential disruptions and protecting your workers. Here are steps you can take to prepare:
- Educate Employees About Their Rights
- Train your workforce about their constitutional rights, including the right to remain silent and the necessity of consulting a lawyer if detained.
- Ensure that employees understand they are not obligated to provide information or documentation to ICE agents.
- Determine a Point of Contact
- Designate a specific manager or supervisor to act as a liaison with ICE agents.
- Train this individual to request and review warrants, document incidents, and ensure agents do not exceed their authority.
- Keep Records of the Incident
- Maintain detailed documentation of any raid, including the names of agents involved, all actions taken, and any potential rights violations.
- You may find this information essential for managing legal proceedings or filing complaints.
- Ensure I-9 Audit Compliance
- If you are notified of an I-9 audit, be sure to produce the requested forms within three business days.
- Keep your records accurate and updated to avoid penalties.
- If unauthorized workers are identified, you must either resolve their documentation issues within 10 days or terminate their employment.
- Recognize Union Obligations
- If your business has a unionized workforce, notify the union representative of any enforcement actions or audits.
- Collaborate with the union to protect workers and maintain compliance.
The Impact of ICE Raids
In past years, there have been a number of high-profile ICE raids, such as the Mississippi plant operations raid in 2019. In addition, we have seen recent raids in California, Illinois, New York, New Jersey, and other states. News of these raids highlights the significant disruptions that result. These include worker arrests, reduced attendance, and long-term uncertainty, which can have lasting impacts on businesses.
In these cases, the human cost is often as severe as the operational impact. Therefore, it is essential to proactively prepare your team and understand your rights to help mitigate these effects.
Final Thoughts
Facing an ICE raid can be stressful and intimidating. However, by staying informed and prepared, you can better protect your business and employees. Keep these guidelines in mind:
- Remain Compliant: Regularly review immigration laws and ensure that your hiring practices and employee documentation comply.
- Be Ready: Work with your human resources staff to prepare for potential audits or raids. Train your staff, designate a point of contact, and maintain accurate records.
- Support Employees: Help protect your workers by offering legal resources and informing them of their rights.
If you have questions or concerns about handling a potential ICE raid, contact us for assistance and we can provide up-to-date advice on immigration regulations and help you develop a response plan.
By staying informed and proactive, you can navigate these challenging situations while maintaining operational stability and supporting your workforce.
The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.