LEGAL/LEGISLATIVE NEWS - MAY 2025

Immigration Crackdown and ICE Raids - What You Need to Know

Benjamin Lute, Esquire | Managing Partner at Iseley Fugitt 

As the old adage goes – “There’s a new sheriff in town.” As President Trump and his new administration intensify efforts to crack down on immigration, employers are left wondering what exactly they should be doing, if anything. With increasing Immigration and Customs Enforcement (ICE) raids taking place across the country, employers – and particularly those in the construction industry – must understand their rights, , and how to safeguard both operations and employees.

Although some places have historically been considered ‘off limits’ when it comes to ICE raids, construction sites and employers’ offices are not one of those places. In fact, these may be two of the most raided locations. As worksite and workplace raids can inevitably lead to legal complications, employee unrest, and operational disruptions, limiting the impact on your company should be a top priority.

KNOW YOUR RIGHTS

If ICE agents arrive at your business, it’s vital to be aware of your legal rights.

• Do They Have a Valid Warrant: To enter someone’s premises without consent and authorization, law enforcement must possess a valid, judge-signed warrant. You are entitled to specifically request to see the warrant and to be provided with a reasonable opportunity to read and review it on the spot. Make sure it specifies the exact location and the purpose and extent of the search to be conducted.
• Employee Rights: Employees are not required to answer questions about their immigration status or provide documentation unless legally obligated.
• Searches Without Consent: You have the right to refuse searches of personal property or company areas unless ICE agents have probable cause or a warrant specifying the type of search they are trying to conduct.
• Right to Legal Representation: Those detained during a raid have the right to consult an attorney.
• What About Worksites?: If ICE is at your place of business, that is one thing. If, however, ICE shows up at one of your worksites, your ability to ‘control’ the situation will be limited due to the fact you do not own or otherwise have an ownership interest in the property to be searched. For instance, the owner of the property being worked upon, or an authorized representative for same, can consent to ICE agents entering even without a valid warrant. However, this does not prevent you from preparing for such an event.

HOW TO PREPARE YOUR BUSINESS

To mitigate potential disruptions, proactive steps can help protect your company and its operations.

• Educate Employees: Inform your workforce about their rights, including the right to remain silent and seek legal counsel.
• Designate a Point of Contact: Ensure that your foreman on any given project (or a manager within your office) is designated to manage interactions with ICE agents and ensure legal protocols are followed.
• Maintain Accurate Records: Document all actions taken during a raid, including agent names and any suspected rights violations.
• I-9 Audit Compliance: Ensure I-9 forms are complete and accurate to avoid penalties. If undocumented workers are discovered, address the issue promptly, which, at a minimum, will involve resolving a documentation issue and/or terminating employment. Ensure you comply with all applicable deadlines.
• Union Collaboration: If your business has unionized employees, collaborate with the union to protect workers' rights during audits or enforcement actions. Make sure to notify the union representative of any raids or audits.

TAKEAWAY

While facing an ICE raid can be daunting, staying informed and prepared is key. By understanding your rights, preparing your staff, and maintaining compliance, you can better navigate these challenges and protect your company.

1. Be Prepared: Make sure your human resources staff are prepared for potential audits or raids. Train your staff, designate a point of contact, and maintain accurate records.
2. Compliance is Key: Ensure that your hiring practices and employee documentation comply with all up-to-date immigration laws.
3. Lawyer Up: And I don’t just mean after the fact. Retain knowledgeable legal counsel who can assist you and your company with specific protocols and procedures you should have in place, as well as ensuring compliance with all employment and immigration-related laws and regulations.

The information contained herein is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

Author: Benjamin Lute, Esq. – Managing Partner at Iseley Fugitt. Mr. Lute’s practice focuses on construction law and litigation, representing contractors and businesses throughout the state. He also serves as General Counsel for the Florida Irrigation Society.
Email: blute@iseleyfugitt.com. Phone: 727-613-1020.