Construction Law

Navigating ICE Raids and Worksite Inspections

The Trump White House has promised to crack down on undocumented workers, and that could seriously impact many industries across the country.

If you are a business owner, it is important to comply and cooperate with the investigation but know your rights.  You need to understand the possible risks and legal considerations associated with Immigration and Customs Enforcement (ICE) raids and worksite inspections. These situations can disrupt your operations, impact employees, and expose your business to legal challenges.

What Are ICE Raids?

ICE raids are immigration enforcement actions aimed at identifying and detaining undocumented workers. ICE agents are known to use tactical strategies to track those lacking legal immigration status and apprehend them at their workplaces. Certain sensitive areas, such as schools, places of worship, and hospitals, are usually off-limits, but many other job sites and offices are subject to raids.

Historically, workplace raids and inspections have intensified under administrations with stricter immigration enforcement priorities. Such actions disrupt worksites, create legal complications, and can harm worker morale.

To protect your business and employees, take the time to understand your rights and responsibilities and prepare for these scenarios.

Knowing Your Legal Rights

If you are the target of an ICE raid, it is imperative that you know your rights and do not allow agents to exceed their intended authority.

  1. Your Right to Deny Access Without a Warrant
    • ICE agents cannot access your worksite without a valid, judge-signed warrant.
    • If an agent presents a warrant, carefully review it to confirm it grants the right to enter the premises.
  2. Employees’ Right to Remain Silent
    • Employees are not required to answer questions about their immigration status or provide documents unless legally obligated.
  3. Right to Refuse Searches Without Consent
    • Neither you nor your employees are required to consent to searches of personal property or company areas without probable cause.
  4. Right to Legal Representation
    • If employees are detained, they have the right to consult a lawyer.

How Employers Can Prepare

If you are concerned that a raid could occur at your workplace, consider these steps for preparing.

  1. Train Employees on Their Rights
    • Educate workers about their constitutional protections, such as the right to remain silent and the importance of consulting an attorney if detained.
    • Ensure employees understand they are not required to assist ICE agents with information or paperwork.
  2. Designate a Point of Contact
    • Assign a manager or supervisor to handle interactions with ICE agents. This person should be trained to ask for and review warrants, document the incident, and ensure agents do not exceed their authority.
  3. Document the Incident
    • Keep detailed records of any raid, including the agents involved, actions taken, and any violations of rights. This information may be crucial for legal proceedings or filing complaints.
  4. Comply with I-9 Audits
    • If notified of an I-9 audit, you have three business days to provide the requested forms. To avoid penalties, make sure to keep your records accurate and updated.
    • If ICE identifies unauthorized workers, you must either resolve their documentation issues within 10 days or terminate their employment.
  5. Understand Union Obligations
    • If your workforce is unionized, notify the union representative of any audits or enforcement actions. Work closely with the union to protect workers and maintain compliance.

Lessons from Past ICE Raids

High-profile raids, such as the 2019 Mississippi plant operations raid and recent 2025 raids in Chicago, Boston, and elsewhere, illustrate the significant disruptions these actions cause. Worker detentions, reduced attendance, and long-term uncertainty can harm both employees and businesses.

In these situations, the human cost often overshadows the operational impact. Proactively preparing your team and understanding your rights can mitigate the effects of such disruptions.

Takeaways for Employers

Experiencing an ICE raid can be unnerving, and you might dread the responsibility. Be ready by following these guidelines:

  1. Stay Compliant: Regularly review your hiring practices and employee documentation to ensure compliance with immigration laws.
  2. Be Proactive: Prepare for potential audits or raids by training staff, assigning a point of contact, and maintaining accurate records.
  3. Safeguard Employees: Support your workers by informing them of their rights and offering resources to address legal concerns.

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.