What to Do If ICE Detains Workers From Your Crew

When you work in the trades—roofing, siding, painting, or construction—you expect unexpected delays. But when the disruption comes from Immigration and Customs Enforcement (ICE) detaining someone from your crew, it can create more than just jobsite chaos—it can trigger compliance concerns, wage issues, morale dips, and legal scrutiny.

As more enforcement activity returns post-COVID and states like Florida and Texas tighten employer immigration compliance rules, roofing business owners need a protocol. Not a panic reaction. Not assumptions. A well-documented, lawful, and respectful course of action.

This blog outlines exactly that.

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Why It Matters: One Mistake Can Multiply

ICE detainments don't just affect one person—they affect entire operations:

• Crews are down a person or more, impacting job timelines
• Clients start asking questions
• Word spreads fast across the team and community
• Payroll, HR, and compliance protocols are stress-tested
• Company leaders often don't know what to say—or not say

In today's environment, the cost of non-compliance is high, and the cost of poor communication even higher.

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First: Know What You're Actually Responsible For

Contrary to popular belief, a roofing business is not responsible for verifying immigration status beyond what the federal Form I‑9 requires.

That said, employers are responsible for:

• Proper I‑9 documentation on every W2 hire
• Verifying work authorization within 3 business days of employment
• Keeping I‑9s on file for at least 3 years after the hire date (or 1 year after termination, whichever is later)
• Ensuring that subcontractors comply with state laws (especially in Florida, Texas, Arizona, etc.)

You're not the immigration police. But if you don't follow basic employment laws, you open the door to wage violations, tax scrutiny, and business disruption.

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Detainment Happens. Here's the 10-Step Game Plan:

1. Do Not Panic. Do Not Speculate.

The first 24 hours after an ICE detainment are critical.

Don't:

• Call ICE directly
• Start asking about other workers' status
• Make public statements
• Speculate on social media

Do:

• Confirm what actually happened
• Identify the detained individual
• Quietly begin internal response steps

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2. Gather Verified Info Only

Start with what you can confirm:

• Name of detained worker
• Date/time/location of detainment
• Were they taken into custody or questioned and released?
• Are they being held at a known ICE detention center?
• Alien number (A#) if available

Document these facts privately and prepare to assist legal counsel if needed.

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3. Engage Immigration Legal Counsel Immediately

Do not try to play HR and immigration lawyer at the same time.

You'll need:

• A licensed immigration attorney with experience in ICE detainment cases
• Access to the online detainee locator if the worker is in custody
• Legal guidance before speaking to ICE or submitting any documents

Avoid relying on general counsel unfamiliar with immigration protocol. Speed matters—detainees are often moved out of state within days.

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4. Process Final Payroll Accurately

If the detained worker is owed wages:

• Calculate and issue payment for all hours worked
• Use standard payroll methods (check, direct deposit)
• Record the payment and send to the last known address if delivery is uncertain
• Do not delay payroll because of their status

Immigration status does not affect wage entitlement under federal and state laws.

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5. Communicate With the Team Respectfully and Legally

Crew members will talk. Rumors spread. Your job is to control the narrative legally and calmly.

Do:

• Inform team members that the situation is being handled professionally
• Avoid sharing legal or immigration details
• Emphasize continued project focus and safety

Don't:

• Speculate about others' status
• Say things like "ICE is coming back"
• Allow discriminatory or inappropriate comments on site

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6. Prepare for a Potential ICE Worksite Visit

If ICE appears:

• Ask for identification and a warrant
• If it's an administrative subpoena (not a judicial warrant), you are not required to allow access to private areas
• Notify counsel immediately
• Stay calm—never obstruct or interfere

If it's a Notice of Inspection (NOI) for I‑9s, you usually have 3 business days to respond.

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7. Review Your I‑9s (Now, Not Later)

Most roofing businesses fail their first I‑9 audit.

Common issues:

• Incomplete forms
• Missing signatures or dates
• No copies of IDs (even if required in some states)
• Incorrect retention timelines
• Not completing Section 2 within 3 business days of hire

Conduct an internal I‑9 audit every 6 months, or before major project growth.

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8. Document Everything

As you respond, create a private log:

• Timeline of what happened
• Copies of any warrants, subpoenas, or NOIs
• Communications with legal counsel
• Payroll records and timecards
• Notes from any team briefings

Documentation is your shield if regulators, auditors, or insurance adjusters come asking.

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9. Avoid Retaliation, Direct or Indirect

Do not:

• Retaliate against the individual or their family
• Ask workers to resign out of fear
• Single out others you "suspect"

Focus only on confirmed documentation and your SOPs. Apply them consistently.

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10. Build a Better Playbook for Next Time

You can't prevent every disruption. But you can create SOPs that make your company more compliant, more responsive, and more professional under pressure.

Build SOPs around:

• I‑9 completion and audits
• Subcontractor onboarding and verification
• Payroll response to detainments
• Site visit protocols
• Team communication scripts

Make sure supervisors and office staff are trained—not just owners.

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Add E-Verify to Your Compliance Playbook

If you're not using E‑Verify, now is the time to start.

E‑Verify is a free, web-based system operated by the U.S. Department of Homeland Security in partnership with the Social Security Administration. It allows employers to confirm the identity and employment eligibility of new hires by electronically matching information from the employee's Form I‑9 against government records.

Why Use E‑Verify?

• It's fast – Results are typically returned within seconds.
• It's secure – Direct access to federal databases ensures accuracy.
• It's becoming mandatory – States like Florida, Texas, Arizona, and others require private employers to use E‑Verify, especially for public contracts or subcontractors.
• It protects your company – It shows a good-faith effort to comply with employment verification laws.

E‑Verify vs. I‑9 Alone

While Form I‑9 is federally required, E‑Verify provides a stronger layer of defense and helps roofing contractors:

• Avoid hiring unauthorized workers
• Prevent future compliance issues
• Reduce the chance of being targeted for ICE audits
• Establish a reputation for lawful hiring practices

Best Practice: Integrate E‑Verify Into Your Hiring SOP

• Run E‑Verify within 3 business days of each new hire
• Use it in addition to I‑9 forms, not instead of
• Assign a trained admin or HR manager to oversee the process
• Keep confirmation records for your files

Using E‑Verify is one of the most powerful steps a roofing company can take to strengthen its compliance position and avoid disruptions like ICE detainments entirely.

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Summary: Professionalism Over Panic

When a worker is detained, your focus should be:

• Documenting the situation
• Ensuring legal compliance
• Treating everyone respectfully
• Protecting your jobsite
• Following your SOPs

It's not about politics—it's about protecting your people and your business.