Employer Resources and Best Practices for Handling Immigration Enforcement at the Jobsite
Immigration enforcement can create complex legal and operational challenges for employers, making it crucial to have clear procedures in place to handle such situations appropriately and lawfully.
We understand that these developments may cause concern within our industry, and we want you to know that we’re here to support you. To help, we’ve gathered resources and best practices on our website to address these issues and provide guidance for both employers and employees.
AGC Launches New Citizenship Services Application Portal
Free for Member Companies and their EmployeesThe Associated General Contractors of America (AGC) has partnered with the National Immigration Forum to provide employees of member firms and their immediate family members access to free administrative services and legal assistance if interested in completing their application for U.S. citizenship (i.e., form N-400). While there is no charge for the legal services via this portal, the USCIS application filing fees still apply. If an individual is not eligible for citizenship currently, additional immigration resources are also provided via the portal landing page.
At the Associated General Contractors of America, we care about the success and well-being of our members' employees and are happy to help them and their immediate family members pursue their citizenship goals, should they qualify and desire to do so. Becoming a naturalized citizen comes with rights and responsibilities that can help individuals support their families and have a positive impact in their communities.
Further details on the process and the following AGC member-only resources can be found here:- Citizenship Services Application Portal
- Program Flyer
- Program FAQs
The National Immigration Forum Citizenship Services program uses the Citizenshipworks online platform where individuals can complete their citizenship application. Through the New American Workforce (NAW) campaign, individuals will be connected to a vetted legal service provider who will review their application and answer any questions they have before they submit their final application to USCIS.
Best Practices
Ask for Identification and a Warrant:
- Politely request identification from the ICE agents and inquire about the purpose of their visit.
- If they seek access to the job site or company records, ask to see a warrant. Ensure the warrant is signed by a judge and specifies the scope of the search or seizure.
- Be aware that Department of Homeland Security (DHS) agents may also be there to deliver a Notice of Inspection (NOI) for an audit, not necessarily to look for individuals.
Limit Access Without a Valid Warrant:
- There are two types of warrants the government may use: administrative and judicial. Make sure you know the difference.
- Only a judicial warrant, signed by a judge, permits access to private areas or the seizure of records or persons.
- An administrative warrant, issued by a government agency such as DHS or ICE, does not grant authority to enter non-public areas or detain individuals, it is typically used to request records or notify of an audit.
- Without a judicial warrant, ICE agents do not have the right to enter non-public areas of a job site. Public areas (e.g., parking lots or lobbies) are typically accessible, but private areas require authorization.
Notify Key Personnel:
- Immediately inform the superintendent or project manager.
- If possible, delay ICE’s entry until the company’s legal counsel or HR representative can be present, similar to procedures for an OSHA inspection.
Do Not Provide Voluntary Information:
- Employees should not obstruct ICE agents but also should not volunteer information or documents beyond what is legally required.
- Ensure employees know to direct all inquiries to a designated company representative trained to handle such situations.
Train Employees:
- Conduct training for employees and site supervisors on how to respond to ICE visits professionally and within legal boundaries.
- Reassure employees of their rights and the company’s commitment to compliance.
Legal Counsel:
- If ICE presents a warrant, contact your legal counsel immediately to review its validity and advise on compliance.
ICE Visits, Raids, and Other Enforcement Activities Best Practices
It is crucial for contractors to understand the proper steps to take when the Department of Homeland Security, Homeland Security Investigations, or ICE (DHS/HSI/ICE) arrives at an office or job site. The resource ICE Visits, Raids, and Other Enforcement Activities Best Practices provides essential guidance on how employers can prepare for and respond to such enforcement actions. It emphasizes knowing your legal rights, maintaining accurate employment records, designating trained personnel to handle interactions, and having clear protocols in place. Following these best practices helps contractors protect their businesses and employees while minimizing disruption during immigration enforcement activities.
- AGC Houston
Immigration Site Visit Guidance - Immediate Actions and Notifications
This document provides general guidance on the immediate steps to take if an immigration enforcement visit occurs, whether by DHS, ICE, or USCIS. It outlines critical actions and notifications employers should follow to ensure compliance, protect employee rights, and effectively manage the situation during an immigration site visit.
- AGC Houston
What To Do When ICE Shows Up at Your Jobsite
This article from Andrews Myers, PC, outlines how construction employers should respond if U.S. Immigration and Customs Enforcement (ICE) agents appear at a jobsite. It explains the legal differences between various types of warrants, what agents are and are not allowed to do, and the rights of both employers and workers during such encounters. With a strong legal focus, the piece provides essential steps to ensure businesses remain compliant with federal law while minimizing liability and protecting employee rights.
- Anthony Stergio, Ben Westcott, and Nallely Rodriguez, Andrews Myers, PC
Webinar Series: Be Ready When ICE Arrives at the Jobsite
In light of increased federal immigration enforcement efforts and executive orders impacting employers, it’s more important than ever for contractors to understand their responsibilities and risks. This prerecorded webinar series from AGC provides essential guidance for construction industry professionals on how to prepare for and respond to worksite visits from U.S. Immigration and Customs Enforcement (ICE). Topics include employer obligations, employee rights, documentation protocols, and strategies to reduce potential legal exposure.
- AGC of America (To get member pricing, please log in with your AGC Houston or AGC of America Login)
Printable Red Cards English/Spanish
All people in the United States, regardless of immigration status, have certain rights and protections under the U.S. Constitution. The Immigrant Legal Resource Center's red cards give examples of how people can exercise these rights. However, they do not provide individualized legal advice. Community members are encouraged to check in with a trusted legal service provider for questions about their situation.
- Immigration Legal Resource Center
ICE Checklist
This practical checklist from Littler helps employers prepare for and respond to visits from U.S. Immigration and Customs Enforcement (ICE). It outlines key steps to take before, during, and after an ICE worksite inspection, including verifying warrants, managing employee interviews, and protecting sensitive information. Following this checklist can help contractors stay compliant, reduce legal risks, and handle ICE encounters confidently.
- Littler Mendelson P.C.
ICE Site Visit Q&A
This helpful Q&A from Littler provides practical guidance on how employers can prepare for and respond to Immigration and Customs Enforcement (ICE) worksite inspections. It outlines what to expect during a site visit, including the presentation of Notices of Inspection (NOIs), the timeline for producing I-9 forms, and how to interact with ICE agents professionally and lawfully. The resource emphasizes the importance of having a response plan, designating a company representative, and training staff to ensure compliance and minimize disruption during an inspection.
- Littler Mendelson P.C.
Immigration and Customs Enforcement (ICE) Worksite Raid: Rights and Responsibilities
This resource from Greenberg Traurig outlines employers' rights and responsibilities during an ICE worksite raid. It explains how to respond if agents arrive unannounced, the importance of distinguishing between warrants and subpoenas, and how to interact with enforcement personnel without violating employee rights. The guide emphasizes the need for a clear response plan, legal counsel involvement, and employee training to ensure compliance while protecting the organization.
- Greenberg Traurig, LLP
ICE Audit Information
Chapters 17 and 18 of The I-9 and E-Verify Handbook by Bruce Buchanan provide essential guidance for employers navigating immigration enforcement. Chapter 17 covers ICE I-9 audits, detailing the process that begins with a Notice of Inspection, the required timeline for submitting documents, and best practices for maintaining accurate records and involving legal counsel. Chapter 18 addresses unannounced ICE worksite raids, emphasizing the importance of identifying warrants, limiting agent access, and having a clear workplace response plan. Together, these chapters help employers proactively manage compliance and protect their rights during audits and enforcement actions.
- Bruce E. Buchanan and Greg Siskind, Littler Mendelson P.C.
The I-9 and E-Verify Handbook
The I-9 and E-Verify Handbook: A Guide to Employment Verification & Compliance is an important resource for HR professionals, attorneys and others involved in I-9 and E-Verify compliance as it covers a number of important topics, including completing the I-9 Form; penalties for violating Immigration Reform and Control Act Section 1324a; Immigration and Customs Enforcement (ICE) I-9 audits; E-Verify compliance; electronic I-9 systems; Immigrant and Employee Rights (IER) Section; investigations and violations; mergers and acquisitions; and state immigration laws.
- Bruce E. Buchanan and Greg Siskind, Littler Mendelson P.C.
Judicial Search Warrant Example
A judicial search warrant is a legal document, issued by a judge or magistrate, authorizing law enforcement to search a specific location for evidence related to a crime. It requires a showing of probable cause, meaning a reasonable belief that a crime has been committed and that evidence of the crime can be found at the place to be searched.
- uscourts.gov
DHS Administrative Warrant Example - not signed by Judicial Judge
A DHS (Department of Homeland Security) administrative warrant, often used in immigration cases, is a document authorizing an immigration officer to arrest or detain an individual deemed removable from the United States. Unlike judicial warrants, administrative warrants are not signed by a judge and do not authorize searches. They are typically signed by an immigration officer and are also referred to as removal warrants or immigration warrants.
- ICE | U.S. Immigration and Customs Enforcement
