agchouston.org Fall 2025 Cornerstone 19 for unauthorized workers and feel the need to get those folks, too. It’s better they take who they’re looking for and only stay for a short time.” ICE can always request I-9s and other documents, even without a warrant or subpoena. However, in cases where ICE drops in and asks to look around, employers have the right to say ‘no’ and ask for a warrant. Agents would then have to go to a federal or judicial judge and request an administrative warrant be drawn up based on the reason(s) they have to seek certain individuals. Without any such warrant, though, employers can refuse admittance. “We already have a labor shortage in southeast Texas, so it’s not like we have a bunch of people lining up to take these tough manual labor jobs and work in the heat,” Stergio added. “If you’ve got a solid, reliable workforce, you’re going to want to protect them.” Unfortunately, the consequences of a visit from ICE can be substantial — whether it’s a direct or indirect result. Companies can face substantial fines, often hundreds of thousands of dollars, and penalties are increasing annually due to an inflationary factor. “Employers can lose 25-50% of their workforce imme- diately after an ICE visit, as undocu- mented workers may not return to work,” noted Bruce Buchanan, senior counsel at Mendelson P.C., who specializes in immigration compliance, I-9 audits and representing employers in ICE inspec- tions and investigations. Additionally, Buchanan warns that knowingly employing undocumented workers can lead to criminal charges (pattern or practice), tax fraud (paying 1099s who are employees or paying cash) or other immigration-related vio- lations (e.g., providing stash houses or transportation). Know Your Rights as an Employer When it comes to recommendations for employers, Buchanan has a list of solid advice: ] Crisis Management Team: Have a team and legal counsel immediately available, including PR capabilities. ] Review Warrants: Thoroughly review search warrants. ] Accompany Agents: Management/ supervisors should accompany agents during searches. ] Document Seizures: Obtain and verify a list of seized items. ] No Obligation to Answer Ques- tions: Employers are not required to answer ICE questions, but if they do, they must tell the truth. ] Employee Rights: Advise employees of their right to remain silent, but do not tell them to flee or obstruct agents. ] Subcontractor Coordination: Be aware that subcontractors make their own decisions regarding cooperation. ] Understand Warrant Types: Cru- cially differentiate between judicial search warrants (must allow entry) and administrative warrants (can deny entry to non-public areas without consent). ] Signage: Consider posting “private property” signs in non-public areas of worksites to reinforce the non-public nature. Don’t Panic, Prepare Discussing possible scenarios with employees, along with a plan for each and potential outcomes, is important to instill trust and maintain a productive jobsite without inciting panic or having workers disappear. “Misinformation spreads fast, so companies should be candid and upfront and let employees know what is (or is not) going on,” Tur- mail reiterated. Turmail also encourages employers to discuss what will or won’t be done in each type of visit from ICE, informing workers that management will comply so they become less of a target for larg- er-scale enforcement means, and putting up “no trespassing” or “authorized per- sonnel only” signs and assuring workers that ICE agents will not be walking freely around the jobsite — they’ll only be wait- ing for documents or specific people in the office. Emphasize that preparation is not an indication of impending action but a sign of responsible leadership. And remem- ber, employers are not obligated to allow ICE agents to access non-public areas of a jobsite or request employee records without a judicial warrant. If agents arrive, politely ask to see a warrant and confirm that it is signed by a judge and that it specifically names the location and individual(s). Even if there isn’t a warrant, don’t interfere with ICE agents conducting lawful activity in public or open areas. In all scenar- ios, supervisors should document the interaction, avoid confrontations and immediately contact legal counsel or company leadership. Contractors should also ensure that managers and supervisors are trained in how to respond to enforcement encounters. Role-playing various sce- narios, defining clear protocols, having designated points of contact to handle legal issues, training site leads and supervisors on appropriate responses and establishing relationships with local organizations such as the Association of General Contractors can make the difference between chaos and calm. When tensions escalate and fear starts to take hold of the workforce, it’s important for employers to remain calm and seek credible sources of ICE-related news. Of course, the AGC is a great source of trustworthy information, as members can share factual informa- tion about what happened at their own jobsites. It’s important to differentiate accurate accounts of what ICE and DHS are doing in Houston as opposed to misguided perceptions. By understanding legal obligations and leading with empathy, contractors can protect their teams and their proj- ects. Workforce anxiety will undoubtedly remain, but informed, prepared leader- ship can turn fear into focus. Respecting the law while defending employees’ dig- nity is not just possible — it’s essential. For immigration enforcement-re- lated information from the AGC, legal resources, materials, webinars and more, please visit https://workforcedoneright. org/resources.
