#4 of 5 in our series, “The New ICE Age”
About This Series
The new administration has committed to higher tariffs and ever greater enforcement of legal employment laws. Because of its dependence on materials and immigrant labor, construction is particularly at risk. In this series, Safe Site Check In will summarize the risks and how construction project owners and contractors can prepare themselves for “The New ICE AGE”. We’ll also suggest how Safe Site Check In can helps mitigate enforcement risks from project owners down to workers.
Superintendents and Their Team Need to be Prepared
As expected, ICE raids on construction firms have begun. Visits to a construction site from Immigration and Customs Enforcement (ICE) agents can disrupt operations and create anxiety. Superintendents, as on-site leaders, play a critical role in managing these situations effectively while ensuring the safety and rights of both the company and its workers.
This post provides a comprehensive guide for construction superintendents on what to do during an ICE visit, how to protect employee rights, and how to ensure compliance with federal laws.
What Triggers an ICE Visit on a Construction Site?
ICE’s authority to conduct worksite enforcement actions stems from federal immigration laws, including the Immigration and Nationality Act (INA). These laws aim to deter the employment of unauthorized workers and ensure that businesses comply with employment eligibility verification requirements.
Common triggers for ICE jobsite visits include:
- Anonymous tips or reports
- Patterns in I-9 audits
- Subcontractor violations
- Past enforcement history
Your Rights and Responsibilities During an ICE Visit
While ICE visits at a construction site can be unsettling, it’s important to remember that:
- ICE agents generally need a warrant to enter non-public areas of a worksite.
- Employees have the right to remain silent and not answer questions from ICE agents.
- Employers have the right to protect their business interests and ensure compliance with the law.
Construction Superintendent’s Step-by-Step Response Plan
Here’s a step-by-step guide for superintendents when ICE agents arrive at a construction site:
1. Stay Calm and Professional: Remain calm and avoid any actions that could escalate the situation. Greet the agents politely and professionally.
2. Verify ICE Agent Identity: Request identification and record the names and badge numbers of the ICE agents.
3. Notify Management: Immediately notify company management and legal counsel of the ICE visit.
4. Determine the Purpose and Authority:
- Ask the agents if they have a warrant.
- If they do, review it carefully to ensure it is valid and properly signed by a judge.
- Check that the warrant specifies the areas to be searched and the items to be seized.
- If they do not have a warrant, politely but firmly inform them that they cannot enter non-public areas of the worksite without one.
5. Control Access:
- If the agents have a valid warrant, allow access only to the areas specified in the warrant.
- If they do not have a warrant, do not consent to a search of any private areas.
- If the agents insist on entering without a warrant, do not physically obstruct them but verbally object to the search.
6. Protect Employee Rights:
- Inform employees that they have the right to remain silent and not answer any questions from ICE agents.
- Advise employees that they have the right to an attorney if they are questioned or detained.
- Do not interfere with ICE agents if they are questioning or detaining employees, but document the interaction.
7. Document Everything:
- Keep detailed records of the ICE visit, including the names of the agents, their actions, any documents requested or seized, and the time and duration of the visit.
- If possible, gather witness statements from employees who observed the ICE agents’ actions.
8. Post-Visit Actions:
- Conduct a debriefing with employees to gather information and address any concerns.
- Consult with legal counsel to discuss the implications of the ICE visit and any further actions that may be necessary.
By following these guidelines and consulting with legal counsel, construction superintendents can confidently manage ICE visits, protect the rights of their workforce, and minimize disruptions to their projects.
How to Prepare Your Jobsite for a Surprise ICE Raid
- Company Policy: Establish a clear company policy regarding ICE visits and train employees on their rights and responsibilities.
- Non-Discrimination: Ensure that all actions taken during and after the ICE visit comply with anti-discrimination laws.
- Cooperation: While protecting the rights of the company and its workers, maintain a professional and cooperative demeanor with ICE agents.
How Safe Site Check In Supports ICE Visit Compliance on Jobsites
Safe Site Check In makes it easier to manage your jobsite workforce while maintaining compliance:
- Digital photo badges for all workers
- Worker profile data including hire dates and role
- Real-time visibility into who’s on site during an ICE inspection
Sources and References
- U.S. Citizenship and Immigration Services (USCIS) I-9 Central: https://www.uscis.gov/i-9-central
- National Immigration Law Center: https://www.nilc.org/
- Husch Blackwell: ICE at the Worksite: What Should Employers Do: https://www.huschblackwell.com/newsandinsights/ice-at-the-worksite-what-should-employers-do
- Andrews Myers: What To Do When ICE Shows Up at Your Jobsite: https://www.andrewsmyers.com/worksite_ice_raids/
By following these guidelines and consulting with legal counsel, construction superintendents can confidently manage ICE visits, protect the rights of their workforce, and minimize disruptions to their projects.
David Brian Ward is a CEO and Founder of Safe Site Check In LLC, a digital jobsite management platform launched in 2020 for the Construction industry. With over 40 years of experience in the technology industry, having launched and grown several successful companies. Mr. Ward is a now a SaaS entrepreneur and innovation leader in the Construction industry.
