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.
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 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.
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:
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.
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:
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.
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:
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.