Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Always consult legal counsel for specific situations.
Construction jobsites are under increasing scrutiny by federal immigration authorities. If ICE (Immigration and Customs Enforcement) shows up, what happens next could significantly impact your people, your projects, and your business.
An article by Michael J. Wilder and Dawn M. Lurie of Littler Mendelson P.C., ABC National’s general counsel, outlines clear best practices for employers facing worksite visits. Their full piece, How to Manage an ICE Site Visit, is a must-read.
Here are a few key takeaways for construction employers:
1. Know What Kind of Visit it is
ICE visits may include:
- I-9 Audits: Employers must be given a Notice of Inspection (NOI) at least 3 business days before producing I-9s.
- Raids/Arrests: ICE must have a warrant to enter non-public areas of your jobsite.
2. Have a Plan
Develop a written protocol that includes:
- Who receives and verified ICE documents
- Who responds (designated internal team + legal counsel).
- How to document everything ICE does or requests
3. Stay Compliant Year-Round
- Maintain accurate I-9s and conduct regular internal audits.
- Ensure your supervisors and foremen are trained on how to respond to ICE visits calmly and lawfully.
- Consider forming a crisis response team in advance.
4. After the Visit
Cooperate through legal counsel. Fines for violations can be steep, and mishandling terminations or document issues can worsen outcomes.
Don’t get caught off guard — get informed.
ABC Western Michigan is hosting two free webinars to help members prepare:
📅 June 17
I-9 Accuracy & Audit Prep: Are You Compliant?
Learn how to spot and fix common errors before ICE does.
📅 July 16
When ICE Comes to the Jobsite: Know Your Rights, Protect Your Crew
Understand employer rights and responsibilities during an ICE site visit.
By being proactive, your company can protect your team, maintain compliance, and avoid costly disruptions. For more assistance, reach out to us. We’ll help you find resources to answer your questions.
Credit: “How to Manage an ICE Site Visit,” by Michael J. Wilder and Dawn M. Lurie, Littler Mendelson P.C.
