The construction industry relies on a diverse workforce, making it a focal point for potential immigration enforcement actions. With political shifts, including a new administration, the landscape for contractors could change significantly and shine a brighter spotlight on your hiring and onboarding practices. Here’s what you need to know to safeguard your construction business from renewed immigration enforcement. 

Changes in Immigration Enforcement 

To work in the US legally, people need to have the right authorization and documentation. That isn’t new. However, heightened immigration enforcement is likely starting this year. According to a recent webinar hosted by Associated General Contractors of America (AGC), ICE raids slowed after 2020 because of COVID and then under the Biden administration but will likely increase as President Trump’s Border Czar has signaled their return. Construction is likely to be one of the industries targeted because of a longstanding reliance on undocumented workers.  

Contractors should anticipate an increase in both ICE audits and raids, as well as stricter workforce compliance measures. According to experts, the focus is expected to shift towards harsher penalties for noncompliance, increased verification requirements and expanded use of tools like E-Verify. 

With more government scrutiny of the documentation status of the workforce, construction businesses should be proactive in understanding and adapting to these changes to avoid legal and financial repercussions. 

What Is an ICE Audit? 

An ICE audit, also known as an I-9 audit, is a review of a company’s employment verification records to ensure compliance with immigration laws. During an audit: 

  • ICE requests I-9 forms to verify the identity and employment authorization of employees. 
  • Employers may have a short timeframe to correct discrepancies. 
  • Noncompliance can lead to fines or other penalties. 

ICE audits often start with a Notice of Inspection (NOI), requiring businesses to provide documentation promptly. For construction businesses, that often have seasonal workers, these audits can be particularly onerous especially if documentation isn’t easily accessible or organized.  

What Is an ICE Raid? 

An ICE raid is a form of enforcement where agents physically visit a worksite to investigate alleged violations, generally with no warning. Unlike audits, raids can involve: 

  • Immediate detention of employees. 
  • On-site questioning of workers and management. 
  • Seizure of business records. 

While much less common than audits, ICE raids can have significant operational and reputational consequences. Employers should have protocols in place to handle such situations professionally and legally. 

How Can Contractors Ensure Their Workforce Is Compliant? 

Preparing and protecting yourself from an ICE audit or raid requires doing your due diligence about paperwork and recordkeeping. The I-9 form is a critical and required component of employment verification. Employers must: 

  • Ensure all employees complete the form. 
  • Retain completed forms for at least three years or one year after an employee leaves. 
  • Regularly audit forms for accuracy. 

Employers should also consider using E-Verify, an electronic system that compares information from the I-9 form to government databases. While not mandatory nationwide, its use is growing. Participating in E-Verify can provide additional assurance of workforce compliance. 

Experts also recommend training staff on how to prepare and maintain I-9s and keeping copies of all documentation accepted as proof of identity and employment authorization. Companies can even go so far as to hire an immigration attorney to proactively conduct an internal I-9 audit. Taking these steps could save you in the long run as penalties for I-9 violations can range between $271-$2,789 per violation.  

HR Software Can Help 

Navigating immigration compliance can be complex, but technology offers solutions for better administration of required forms and documentation. HR software platforms can streamline the process by: 

  • Automating I-9 form completion and retention. 
  • Integrating E-Verify for real-time verification. 
  • Alerting employers to compliance deadlines and discrepancies. 
  • Storing all documents securely in the cloud.  

Tools like Arcoro’s HR and compliance solutions are designed to help contractors manage their legal responsibilities efficiently so they are better prepared in the event of an audit or other enforcement activity. Having documentation in order and accessible makes proving your compliance with immigration and other laws easier  

Contact us to learn more.