Construction Law

Reducing the Risk of ICE Stops for Construction Crews

The guidance below provides compliance‑oriented, rights‑focused measures aimed at reducing the likelihood of pretextual traffic stops and ensuring workers are prepared if U.S. Immigration and Customs Enforcement (ICE) officers make contact. This is general information, not legal advice. Consult qualified immigration counsel for advice on specific situations.

1. Tighten Your Company’s Compliance “Paper Trail”

Step	Why It Helps	Practical Pointer
Conduct an internal Form I‑9 audit	Clean I‑9s show a commitment to compliance.	Correct technical errors, flag missing sections, and purge I‑9s for former employees past the retention window (3 years from hire or 1 year after termination).
Enroll in E‑Verify or IMAGE	Homeland Security Investigations treats IMAGE participants as “low‑risk.”	Communicate company participation to crews; context can de‑escalate a roadside stop.
Keep vehicles 100 % road‑legal	Traffic violations give troopers a lawful basis to stop trucks—ICE may ride along under 287(g) agreements.	Implement a weekly vehicle‑inspection checklist for foremen.
Display professional branding	Unmarked or heavily tinted work trucks are more frequently singled out.	Use clear magnetic door signs with company name, DOT #, and phone.
Carry a laminated “Rights & Contacts” card	Gives the driver a script and counsel’s phone number if ICE or police start questioning.	Place a card in the glove box of every vehicle.

2. Train Every Driver and Passenger on Basic Constitutional Rights

Stay calm and be polite; do not flee, argue, or obstruct.
Provide required identification (driver’s license, registration, insurance) if state law mandates it.
After providing ID, a worker may state: “I am exercising my right to remain silent.”
Ask, “Am I free to leave?” If the officer says yes, depart slowly and safely.
If ICE requests immigration papers:
Workers with valid documents must show them.
• Workers without papers should remain silent or ask to speak to a lawyer; never present false documents.
ICE needs a judicial warrant signed by a judge—or probable cause of a federal crime—to enter a private vehicle. Administrative ICE warrants alone are insufficient.
Drivers can refuse consent to search: “I do not consent to a search.” Do not interfere if officers proceed.
Call the company contact or counsel immediately and document the encounter (time, location, badge number, questions asked).

3. Establish a Written Rapid‑Response Plan

Element	What It Looks Like
24 / 7 counsel hotline	Card in every truck; dispatcher trained to conference in counsel.
Employee roster & I‑9 binder	Updated daily; stored at HQ for quick email to agents if a Notice of Inspection is issued. Just remember, I-9s are supposed to be kept and stored separate from personnel files.
Press & client statement template	One‑paragraph statement reassuring GC/owner that any crew removal will not delay the schedule.
Post‑raid debrief checklist	Capture facts within 24 hours (names detained, property seized, witness statements, equipment stranded).

4. Longer‑Term Strategies to Lower Risk

Adopt a transportation policy that avoids mixing employees of different subcontractors in one truck.
Issue company photo badges to all field staff; consistent, professional ID reduces profiling.
Document participation in apprenticeship programs, OSHA partnerships, and state DOT pre‑qualification.
Hold 10‑minute “Know Your Rights” refreshers at quarterly tailgate meetings.

5. What NOT to Do

Do not provide or pay for fake work‑authorization documents.
Do not coach workers to lie about citizenship or immigration status.
Do not retaliate against an employee who raises concerns about I‑9 compliance or ICE activity.
Do not destroy or back‑date I‑9s after receiving any notice from DHS.

Legal Disclaimer: This article is provided for educational purposes only and does not constitute legal advice. Laws change and vary by jurisdiction, so readers should consult qualified counsel before acting on any information herein. No attorney–client relationship is created by your use of or reliance on this material, and the author and publisher disclaim all liability for actions taken or not taken based on its contents.

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.