Recent developments in immigration enforcement policies have raised concerns regarding potential Immigration and Customs Enforcement (ICE) raids, particularly in industries heavily reliant on immigrant labor, such as construction. This advisory outlines the implications of these anticipated actions and provides guidance on how to prepare for and respond to possible ICE enforcement operations.
On January 20, 2025, President Trump signed executive orders aimed at enhancing immigration enforcement, including a commitment to initiate what has been described as “the largest domestic deportation operation in American history.” This includes a directive allowing ICE to conduct raids in various sectors, with construction being identified as a likely target due to its high reliance on undocumented workers. As of the date of this advisory, no raids in the construction sector have been reported, but raids have occurred in other industries.
Potential Impact on the Construction Industry
The construction industry is particularly vulnerable to disruptions caused by ICE raids. Key impacts may include:
- Labor Shortages: A significant portion of the construction workforce consists of undocumented immigrants. Raids could lead to immediate labor shortages, delaying project timelines and increasing costs.
- Operational Disruptions: Unannounced raids can halt work at job sites, leading to potential penalties for contract breaches and financial losses due to project delays.
- Legal and Compliance Risks: Employers may face civil and criminal liabilities if found in violation of immigration laws. This includes potential fines for employing unauthorized workers or failing to comply with I-9 documentation requirements.
Preparation Strategies
To mitigate risks associated with potential ICE raids, we recommend the following proactive measures:
- Designate a Response Team: Identify a primary contact within your organization who will handle communications with ICE during a raid. This person should be trained on legal rights and responsibilities during such encounters.
- Conduct Internal Audits: Review all employee I-9 forms for accuracy and compliance. Ensure that records are maintained properly for both current and former employees.
- Develop a Rapid Response Plan: Create a detailed plan that outlines steps to take if ICE arrives at your job site. This should include:
- Procedures for verifying ICE warrants.
- Guidelines for employee interactions with ICE agents.
- Communication protocols for notifying legal counsel immediately upon an ICE visit.
- Educate Employees: Inform your workforce about their rights during an ICE raid. Employees should know they have the right to remain silent and request legal representation if approached by ICE agents.
- Review Contracts: Evaluate your upstream contracts to understand any contractual obligations around workforce citizenship requirements and your potential exposure in the event of a raid. Ensure that any subcontractors or staffing agencies you work with are compliant with immigration laws. Include clauses in contracts that require them to provide only legally authorized workers.
Post-Raid Considerations
In the event of an ICE raid:
- Document everything: Record agent names, actions taken during the raid, and any items seized. This information can be crucial for legal follow-up.
- Communicate: Communicate with affected employees’ families promptly if any workers are detained, ensuring they receive necessary support during this challenging time.
- Claims: Be prepared to submit a claim for delay and/or increase costs. Note: On Federal Contracts, we will likely see The Sovereign Act and other defenses.
The landscape of immigration enforcement is rapidly changing, and it is essential for construction industry employers to prepare adequately for potential ICE raids. By implementing these strategies, you can better protect your workforce and minimize disruptions to your operations.
We invite you to also check out BHGR’s employment practice alert for best practices for employers.
This article is informational only. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. No reader, user, or browser of this site should act or refrain from acting based on information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein—and your interpretation of it—is applicable or appropriate to your particular situation. All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed. The content on this posting is provided “as is;” no representations are made that the content is error-free.