ICE Raids in Construction: Know Your Rights

Due to recent changes in federal enforcement priorities by the current administration, the U.S. Immigration and Customs Enforcement (ICE) has  increased both the frequency and scope of its immigration enforcement actions, including workplace raids. This increased scrutiny has disproportionately affected the construction industry, where contractors and subcontractors often employ a diverse workforce that can be vulnerable to these enforcement actions. In light of these developments, Galvanize Law Group seeks to inform its clients of their rights during ICE enforcement actions and to recommend best practices to reduce risk to both businesses and their employees.

As contractors and subcontractors in Colorado’s construction industry, you face unique challenges when protecting your employees and business operations during potential ICE raids. This client alert offers critical guidance on your rights, obligations, and best practices to reduce risk during such enforcement actions. Please share this alert with your site supervisors, foremen, and crew leaders to ensure they understand their rights and responsibilities. However, this information does not constitute legal advice, and we strongly advise you to contact legal counsel in the event that you or your business are targeted by an ICE enforcement action. While Galvanize does not practice immigration law, we are happy to connect you with a local specialist in that field.

1. Know Your Rights and the Rights of Your Workers

•  Right to Remain Silent: Workers have the right to remain silent and are not required by law to disclose their immigration status to ICE agents. They should not sign any documents without the presence and advice of legal counsel.

• Right to Refuse Entry: You are not required by law to allow ICE agents to enter non-public areas of your worksite without a judicial warrant signed by a judge or magistrate. ICE administrative warrants (Form I-200 or I-205) are not sufficient to permit entry into non-public areas.

• No Voluntary Cooperation Required: You are not required by law to voluntarily share employee information, including immigration status, unless compelled by a properly executed judicial subpoena or warrant.

2. Protecting Your Worksite

• Clearly Mark Non-Public Areas: Clearly label back offices, storage rooms, and other non-public workspaces as “Private” or “Employees Only” to avoid unnecessary ICE intrusions. Use signage to indicate restricted access.

• Verify Warrants: If ICE presents a warrant, verify that it is signed by a judge and accurately describes the location to be searched and the persons or items to be seized. A valid judicial warrant must:

o   Be signed by a judge or magistrate (not an ICE officer);

o   Specify the exact address of the worksite;

o   Specify the time period in which the search must take place.

• Record Interactions: Designate a supervisor or site manager to document ICE interactions, including badge numbers, names of agents, and a summary of any discussions or searches. This documentation can be crucial if legal challenges arise.

3. What to Do During an ICE Raid

• Stay Calm and Professional: Instruct employees to stay calm, avoid running, and not to lie about their immigration status. Panic can escalate situations unnecessarily.

• Assert Your Rights: If ICE attempts to access a non-public area without a judicial warrant, politely but firmly inform the agents that they do not have consent to enter without the proper legal authority.

• Avoid Providing Voluntary Information: Do not volunteer information or allow access to personnel files or employee lists without a judicial warrant. You have the right to request that ICE agents leave your premises if they cannot provide a valid warrant.

• Do Not Sign Anything Without Legal Review: Ensure that no one signs any documents without first consulting with an attorney. ICE agents may use coercive tactics to obtain signatures, but you have the right to review all documents first.

4. Emergency Preparedness

• Prepare Your Staff: Train managers and supervisors regularly on  how to review protocols for interacting with ICE and understanding the limits of their authority.

• Emergency Contact Lists: Maintain updated emergency contact lists for all employees, including their families and legal representatives.

• Document Retention: Store all copies of employee work authorizations and other sensitive documents securely and limit access to this information to reduce potential exposure during raids.

5. Post-Raid Response

• Contact Legal Counsel Immediately: Notify your attorney immediately if ICE attempts to enter your premises or requests documents.

• Document the Incident: Document as many details as possible of the raid, including but not limited to the:

  • Time;

  • Date;

  • Agent names;

  • Badge numbers; and

  • Any items seized.

Photographs or videos may also be helpful, but ensure you do not interfere with the agents’ actions.

• Support Affected Employees: Support your affected employees, including connecting them with immigration attorneys, community resources, and support networks such as the Colorado Rapid Response Network (1-844-864-8341).

6. Local Resources for Support

• Colorado Rapid Response Network (CORRN): 1-844-864-8341

• Rocky Mountain Immigrant Advocacy Network (RMIAN): www.rmian.org

• Colorado Immigrant Rights Coalition (CIRC): www.coloradoimmigrant.org

If you have any questions about this guidance or need immediate assistance, please contact us today for support.