What to Do in the Event of a Jobsite Raid
Last month, President-elect Donald Trump appointed Tom Homan, the former acting head of Immigration and Customs Enforcement (ICE), as his “border czar.” Homan has stated that the incoming administration plans to ramp up workplace raids as part of its broader immigration strategy. While it remains uncertain which industries will be most affected, past actions from Trump’s first term provide some insight.
“We are anticipating the resumption of mass worksite raids under the first Trump administration that were focused mostly on the manufacturing and meat and poultry processing industries. But we don’t know where it’s going to be focused this time,” said Marisa Díaz, immigrant worker justice program director for the New York City-based National Employment Law Project.
The construction industry, which depends heavily on foreign-born workers, could be among those targeted. Legal experts advise contractors to prepare for the possibility of unannounced visits from federal agents.
What to Know
Immigration and Customs Enforcement agents may visit a workplace as part of an investigation into an employer, according to the National Immigration Law Center (NILC). Such visits could occur for several reasons.
In cases of external I-9 audits, federal agents review employers’ records for worker authorization and typically provide three days’ notice, according to Shanon Stevenson, a partner at the Atlanta-based law firm Fisher & Phillips.
In contrast, jobsite raids involve federal agents from ICE or Homeland Security Investigations arriving without prior notice, Stevenson said. Agents can only enter private property, such as a jobsite, if they have a judicial warrant signed by a judge, according to the NILC.
What to Do
Stevenson advises contractors to carefully review any warrant with legal counsel. However, during an unannounced raid, employers may have only a few minutes to react. During that time, she suggests verifying that the warrant is signed by a judge, ensuring it includes the correct legal name and address of the company, and emailing a copy to the firm’s employment and immigration counsel.
“HSI agents will not wait for your attorney to arrive before commencing their search,” Stevenson said.
If the warrant includes a specific employee’s name, the NILC states that employers are not required to disclose whether that employee is present or direct agents to them.
The NILC also advises against assisting ICE agents in sorting workers by immigration status or nationality. Employers should observe the agents to ensure compliance with the warrant and consider having someone record the raid for potential legal purposes.
Develop a Plan
Proactive planning is essential for handling a workplace visit effectively.
“GCs should work with counsel to develop a Rapid Raid Response Plan for use if HSI executes a workplace investigation, including training key employees on how to handle that situation,” Stevenson said.
Training should include guidance on avoiding illegal actions, such as assisting unauthorized employees in leaving the jobsite, which could result in criminal charges.
Díaz noted that heightened immigration enforcement rhetoric has created widespread anxiety among workers, regardless of their legal status.
“That has detrimental effects on the workplace in terms of workers’ ability to identify hazards in the workplace, feeling safe to be able to speak up and let their employers know if there’s something that’s not only affecting them, but also all of their coworkers,” Díaz said.
Read full story on Construction Dive
Opmerkingen