The Construction Counselor

Based on recent events, landlords and contractors have expressed concerns about what to do if Immigration and Customs Enforcement (ICE) attempts to enter their worksite, apartment complex or other rental property. We want to provide landlords and contractors with some basic resources to address these concerns. While the facts of each situation will vary, below are certain general principles for landlords and contractors. In most situations, the initial interaction with ICE will involve you greeting the ICE officer, requesting to see their official documentation for your review, inquiring as to the purpose of their visit and reviewing any supporting documentation.

Landlord Rights:

• You do not have to allow law enforcement into sensitive or private/non-public areas — including locked portions of a residence building — without a signed, unexpired judicial warrant that notes the correct address and tenant.
  • An ICE deportation warrant is not the same as a judicial warrant signed by a judge. If an ICE warrant is the only document they have, they cannot legally come inside unless you verbally agree to let them in.
• Conversely, ICE is allowed to enter public areas, such as the lobby/public area of a rental office (if open to the public).
• You do not have to provide any information or documentation requested by law enforcement unless they have a valid and signed judicial warrant/subpoena.
• You can verify and document the law enforcement agents’ names, actions, etc.
• If you choose to restrict access to the building, here is recommended signage for landlords to post on the property (PDF).

Contractor Rights:

• You do not have to allow law enforcement into non-public areas without a signed, unexpired judicial warrant that notes the correct address and owner of the job site.
  • For example, ICE cannot enter a job site that is surrounded by a construction fence and is otherwise closed off to the public.
  • Likewise, ICE is not permitted inside of the private areas of a building upon which construction work is being performed (without your consent).
  • Ideally, a sign would be posted in non-public job sites/areas, stating something to the effect of: “Construction Site – Do not enter” or “Construction Area – Authorized Personnel Only.”
• Conversely, ICE is allowed to enter public areas of the job site, such as a parking lot or lobby of an office building where work is being done.
  • If you have questions regarding whether an area of your jobsite is public or non-public, please contact us for more specific direction.
  • In general, an area is considered non-public if the area is not available to the public and people in that area have an expectation of privacy.
• You do not have to provide any information or documentation requested by law enforcement unless they have a valid and signed judicial warrant/subpoena.
• You can verify and document the law enforcement agents’ names, actions, etc.
• You can ask the purpose of the site visit and if the law enforcement has a warrant or other supporting document(s). If it is a judicial warrant, you have to let them on the site.
• You may inform your employees that they have the right to remain silent, the right to speak with legal counsel and the right to not answer questions from ICE agents.
• You may not interfere with ICE agents if they are questioning or detaining an employee. But you may document the interaction.
• If you choose to restrict access to the site, here is recommended signage for contractors to post on site (PDF).

Other Resources:

• If ICE Visits Your Home
• If Contacted by a Government Agent
• What to Expect and How to Prepare for Worksite Visits
• Red Cards | Hmong or Spanish
• Sample Policy and Protocols: Government Investigation Protocol for Immigration & Law Enforcement Actions (Word doc)
• Preparing Your Workforce for Immigration Enforcement & I-9 Compliance
• How to Prepare for Immigration Enforcement at Your Worksite and in Your Community
• Reminder: Carrying Documentation of Immigration Status
• When ICE Comes Knocking, Know Your Rights – And Protect Your Staff and Patients

Let us know if you have any specific questions. Our Immigration Department is happy to assist.