ICE, immigrants and the construction industry
Immigrants make up 27% of the 274,000 construction workers building houses in North Carolina, according to the National Association of Home Builders (NAHB). And more than a third of those immigrant workers may be undocumented, according to estimates from the Pew Research Center. This could mean headaches for builders and contractors if Immigration and Customs Enforcement (ICE) comes to their job sites.
What Builders Should Know About ICE Visits
The repercussions of heightened ICE activities are being felt across the state as raids on job sites have begun in Charlotte and elsewhere, with 24 immigrants arrested in a weeklong ICE operation in Mecklenburg County the first week of March.
Such increased enforcement could happen here in Western North Carolina, too. The NAHB offers some guidance. “When ICE Comes Calling” explains some key points of the law and how builders and contractors can manage an ICE enforcement visit.
There are two kinds of ICE visits: administrative audits and authorized raids. An administrative audit means the employer has up to three days to produce the I-9 forms for workers. An authorized raid may include a warrant or a court subpoena for documents, an immediate inspection of the site and the employer’s files. Arrests can happen on site in some cases.
It’s important for builders and contractors to be prepared for either kind of visit. NAHB suggests the following protocols:
- Consult with immigration attorneys to develop a response protocol for ICE visits.
- Train site personnel on how best to speak to an ICE officer, including how to direct the officer throughout the visit.
- Ask for identification.
- Ask for authorizing documents – either a Notice of Inspection or a warrant.
It’s also a good idea to have legal counsel on standby, and to ensure that a senior company leader or a leader on the site is designated to receive the ICE documents.
More useful information can be found in “When ICE Comes Calling” to help builders and contractors be prepared for an ICE visit on a job site.
In another aspect of the situation, NPR affiliate WFAE in Charlotte found employers in the area already having more trouble finding workers. See the story here. The weeklong ICE operation in Mecklenburg County is described here.
