Working in the construction trades provides opportunity and family-wage jobs to millions in America. And nearly a third of those workers are immigrants—many of who perform essential work as drywallers, roofers, painters and carpet/floor/tile installers.

In Washington state, immigrants make up 25% of the trades workforce in construction. With a consistent labor shortage and demand for housing constantly growing, residential construction needs all the skilled workers available.

So how do you protect your workforce when the U.S.Immigration and Customs Enforcement (ICE) visits your jobsite without warning?

Being prepared and knowing how to respond is crucial to protecting your business and your workers.

‍The National Association of Home Builders has provided guidance to help.

Be prepared

The Immigration Reform and Control Act of 1986 (IRCA) requires employers to verify the identity and U.S. employment authorization of all employees hired after Nov. 6, 1986. Businesses may receive civil and criminal penalties for employment-related violations.

Verify employment eligibility

To document compliance with this verification requirement, employers must use Form I-9:Employment Eligibility Verification Form. Employers must keep original Form I-9 records for all active employees and certain former employees. They must also be available for inspection.

Establish a response protocol

Train workers on how to interact with ICE officers and designate specific company leaders or site managers to handle ICE visits. Ensure all employees know the protocol and have immediate access to legal counsel.

Handling ICE at your jobsite

Stay calm and request documentation

Ask the ICE agent for identification and official paperwork, such as a Notice of Inspection (NOI) or a search warrant. If an agent arrives with an NOI, remember that you have at least three business days to provide documents. Extensions are often available upon request.

Don't rush—Use your time wisely

Never accelerate the inspection process. Take the allotted time to thoroughly review all I-9 forms and documents with your immigration counsel before turning them over.

Understand your rights during a raid

If ICE arrives with a judicially authorized search warrant,the search should be limited to areas outlined in the warrant.

Employees are not required to speak to ICE officers or consent to searches on behalf of the company.

After the visit, debrief and reassure

After ICE leaves, immediately meet with counsel and employees to review the visit, document interactions, and recreate any seized records.

Reassure your team by clearly communicating the company’s compliance efforts and protections.

Being prepared is your best defense. Work closely with legal experts to protect your business and ensure compliance with immigration laws.

Review the National Association of Home Builders guidancefor more information.

This information is not legal advice, and NAHB strongly encourages members to work with local counsel to establish a compliance protocol that suits their unique needs. If you need assistance, please contact BIAW General Counsel Ashli Penner.