An order was recently signed to hire officers to apprehend undocumented workers. This increase in immigration laws has forced subcontractors in the construction industry to make immigration compliance a high priority. In cities where demand is the highest, companies have even reported a need to turn down jobs because they couldn’t find adequate documented workers. To ensure you’re in accordance with the ICE, we have provided an overview of what to expect and how to prepare.
U.S. Immigration and Customs Enforcement (ICE) keeps an eye on contractors and the employees on their worksites. The ICE confronts employers by investigating the mistreatment of employees, indecent wages, and working conditions, as well as the employment of undocumented persons.
Consider Your Subcontractors
Be cautious and selective when deciding on subcontractors. Contact an employer defense attorney in Tampa to discuss your concerns. To avoid issues, general contractors should not use a subcontractor with a questionable reputation. General contractors should avoid instances where the general contractor could be held liable for the subcontractor’s failure to comply with federal immigration and employment laws.
Creating a Compliance Policy
In order to create a preventative process, you should consider a plan for if and when an ICE officer visits the worksite. This preventative plan should include contract agreements and audits. Review your plan with an employer attorney in Tampa.
Contract Agreements: General contractors should take precautions to protect themselves from liability by including specific language in all agreements. Your best bet is to address all concerns and protection efforts in your contract agreement.
Audits: Contractors should conduct self-audits of I-9 forms ever so often to ensure proper completion. Fortunately for employers, there are web-based employment verification systems and electronic I-9 form products available to contractors.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.