The construction industry continues to be a focal point for Immigration and Customs Enforcement (ICE) worksite enforcement efforts. While federal immigration policies have not fundamentally changed, enforcement priorities and procedures have shifted to increase scrutiny on employers across many industries.

Construction is one of the industries at the highest risk for worksite enforcement actions, along with service industries, agriculture, manufacturing, and staffing agencies. ICE and other federal agencies have intensified efforts to inspect and penalize employers suspected of hiring undocumented workers. Even if the employer is not the target, contractors face risks associated with the raids aimed at detaining and deporting illegal immigrants working on construction projects. Whether a company is a general contractor in control of the project site or a subcontractor working on site, it is important to understand how these raids are conducted, the types of warrants used, best practices for responding to the raids, and preventive measures that can be undertaken to mitigate risk.

Increased Enforcement: What Has Changed?

As of Jan. 20, 2025, a new executive order titled “Protecting the American People Against Invasion” has refocused immigration enforcement efforts and increased the likelihood that construction contractors will be the subject of ICE raids on their projects. Attorney General Bondi issued policy guidance requiring U.S. Attorney’s Offices, ICE, and other federal agencies to investigate and prosecute immigration-related crimes. These efforts include targeting individuals without legal status who have gang affiliations, criminal convictions,  or involvement in drug trafficking. Additionally, DOJ enforcement extends to employers and contractors knowingly employing or harboring undocumented workers.

How ICE Raids are Conducted

1. Initiation of the Raid. ICE raids are meticulously planned based on intelligence, tips, or ongoing investigations. A designated lead agent oversees the operation, ensuring coordination among enforcement personnel.
2. Arrival and Entry. Agents arrive in uniforms or body armor labeled with their agency’s name, carrying weapons as standard protocol. They present a judicial search or arrest warrant, which grants them legal authority to enter non-public areas of the worksite. Employers should verify the warrant’s validity before compliance. Contractors should also make sure that the site is safe for entry by agents and that potentially dangerous construction activities are shut down in the area to protect workers and the agents.
3. Control and Security Measures. To maintain order, ICE agents secure the site and prevent movement, restricting individuals from entering or leaving. Employees may be separated for safety and questioning, preventing potential collusion or interference.
4. Search and Seizure. Agents conduct searches based on the warrant’s scope, seizing relevant documents, electronic records, or other materials. The search must align with the specific items listed in the warrant.
5. Employee Interviews. Agents may interview employees to gather information with or without a warrant, but they are not allowed on the employer’s premises without a warrant. Employees have the right to remain silent and request legal representation in any situation where ICE seeks to interview them. Employers should ensure workers are aware of these rights before an enforcement action occurs.
6. Post-Raid Procedures. After the operation, ICE provides an inventory of seized items. Employers should document all agent activities, including searches, seizures, and employee interactions, to maintain accurate records for legal review. By understanding these procedures, general contractors can prepare for enforcement actions, protect employees’ rights, and ensure compliance with immigration laws.

Types of Warrants Used in ICE Raids

ICE agents conducting worksite raids typically operate under one of three types of warrants:

• Judicial Search Warrants. Issued by a federal judge or magistrate, these warrants grant ICE agents the authority to enter private property without employer consent. Agents may search the premises and seize specific items listed in the warrant, and compliance is mandatory.
• Judicial Arrest Warrants. Also issued by a federal judge or magistrate, these warrants authorize ICE to arrest designated individuals at the worksite. Employers must comply with the warrant and should not interfere with the arrest process.
• Administrative Warrants. Signed by an administrative law judge or senior agency official, these warrants do not authorize entry into private property without employer consent. They allow ICE agents to search public areas like reception spaces and parking lots but lack the probable cause required for criminal cases, and therefore do not permit entry upon private property without permission.

Understanding the type of warrant presented is critical to determining an employer’s legal obligations and response strategy.

Best Practices for General Contractors During an ICE Raid

• Remain Calm and Follow Instructions. ICE agents will arrive with badges and weapons, securing the site and possibly restricting movement. Employees should comply with instructions and avoid obstructing enforcement actions.
• Verify and Obtain Copies of Warrants. Employers should request a copy of the warrant and review its scope. If presented with an administrative warrant, they must understand that ICE cannot enter non-public areas without consent.
• Contact Legal Counsel Immediately. Legal counsel should be notified as soon as possible to review the warrant and advise on proper compliance. Having an attorney involved early can help mitigate legal risks.
• Do Not Interfere with Agents. Employers and employees should not physically or verbally challenge ICE agents, hide or remove property or individuals, or alert others beyond necessary internal reporting. Interfering with the raid could result in legal consequences.
• Document the Raid. A detailed record of agent actions, searches, seizures, and interviews should be maintained. Employers should also request an inventory list of any seized items and track detained employees.
• Protect Employee Rights. Employees are not required to answer questions about their immigration status without legal representation. Employers should remind workers of their right to remain silent and request an attorney.
• Resume Operations Only After Clearance. Work should only continue once ICE agents have left the premises and it is confirmed safe to resume operations. Prematurely resuming work could disrupt compliance efforts.

Preventive Measures to Mitigate Risk

• Implement Strong I-9 Compliance Practices. Regular internal audits should be conducted to ensure compliance with federal employment verification laws. HR personnel must be trained on proper I-9 form completion and storage while ensuring non-discriminatory hiring practices.
• Develop a Worksite Enforcement Response Plan. Supervisors and key personnel should be trained on how to handle an ICE raid. A clear chain of communication must be established, including legal counsel and senior management, and employees should be informed of their rights and obligations.
• Work with Legal Counsel for Compliance Reviews. Employers should proactively engage with attorneys to review employment practices and ensure compliance with immigration laws. Staying informed about regulatory updates can help mitigate enforcement risks.

By implementing these best practices, general contractors can prepare for ICE enforcement actions while protecting their workforce and maintaining compliance with federal laws.

Conclusion

Contractors must be prepared for the possibility of ICE enforcement actions at their worksites. While immigration laws have not changed, enforcement priorities have intensified, making compliance more critical than ever. By implementing proactive compliance measures and following best practices during an ICE raid, contractors can protect their businesses, employees, and project timelines from significant disruption.

Please reach out to a member of Taft’s Construction group with any questions regarding the executive order and the impact of the increased enforcement efforts by federal agencies that may affect businesses and projects.