Preparing for immigration enforcement

By Emma Peterson. 

The best way to stay compliant and protect your people during immigration policy changes is to prepare thoroughly. 

If you’ve tuned in to the news recently, you’ve probably heard a lot of chatter about changing immigration policies. There’s a lot of information out there, and it can be hard to navigate. Luckily, in a new episode of Contractor Outlook, Heidi J. Ellsworth sat down with Trent Cotney to discuss what business owners can do to protect both their people and their business. 

If you haven’t already heard of him, Trent is a partner and the construction team leader at Adams and Reese law firm. He is licensed in 8 different states and acts as legal counsel for leading industry organizations, such as the National Roofing Contractors Association (NRCA). In his own words, Trent does “everything from litigation and disputes to contract drafting and regulation and advocacy and everything in between.” 

When it comes to the topic of immigration, Trent’s main recommendation is to thoroughly prepare. He explained, “There's been targeted action in certain locations around the states. We recently spoke down in South Florida, and they're expecting a sweep there pretty soon...And this is not isolated to contractors. We had a recent construction manufacturer that was raided and lost 33 employees... The thing I always tell people is that preparation is key.” 

One of the best ways to prepare for immigration raids is by creating a standard operating procedure (SOP) for when/if officers come to your jobsite or office. Trent elaborated on what an SOP does, sharing, “An SOP is a framework that you figure out ahead of time so that you're not responding based on anxiety or fear when they show up.” As part of creating your immigration SOP, you should do an audit for key paperwork, like I-9s and any onboarding documents that would be of interest to immigration officers. You should also train your team in what to say to officers. Trent explained, “You need to continue to train on and reiterate to your team not to interfere, but to assert their rights...For example, you have the right to counsel, and you should absolutely assert that if ICE shows up.” 

Another big thing is making sure that your people are as protected as possible. As a business owner, you should make sure there are plenty of resources available to your workers. Trent gave some examples, sharing, “I encourage employers to offer resources. It could be employee rights cards in English and Spanish, or it can be a list of employee attorneys that handle immigration issues.” The one thing that you should never do is single out any particular employee. Trent elaborated, “You don't want to do is single out an employee. That can lead to a discrimination claim, or worse, it is a crime if you knowingly employ someone that is illegal, right? So, if you are hand-picking certain individuals, that can act as evidence that you knowingly employed someone that is illegal.” 

In addition to making sure resources are available at your jobsites and offices, it can be crucial to update your general signage as different warrants allow immigration officers to enter different spaces. There are two main types of warrants they might have – judicial and administrative. The key differences to understand between the two is that a judicial warrant gives access to private property, while the administrative is limited to public spaces.  

So, as a contractor, you want to make the difference between public areas and private property in your offices and jobsites very clear. Trent explained, “Use signage like restricted access, private property, whatever it might be. That could potentially help you, and it could potentially help your employees if ICE shows up. Again, never interfere, never tell your workers to run, don't do anything like that, but by making those private spaces clear, you can object and have a witness respectfully say, ‘I've looked at your warrant. This is not signed by a judge. You don't have the ability to access this space. I'm objecting.’” While this might not feel like a strong action at the moment, it can be a key part of the court and legal system down the road.  

At the end of the day, protecting your business and your employees through immigration raids and policy changes is about staying calm and prepared. Trent put it simply, “The key in a crisis situation is to be purposeful...When you respond based on fear, you do stupid things. By having an SOP and resources already sorted, you get a script to follow that takes away that fear and anxiety... As hard as it is, you must put the business hat on first, then you worry about everything else.” 

Listen to the entire conversation or Watch the recording to hear more of Trent’s legal insights!