439: What to Do When ICE Shows Up at Your Roofing Job Site (with Philip Siegel)

Conduct a proactive self-audit of all I9 forms to identify and correct any errors before an official ICE audit, as penalties are levied per I9 form.

Be aware that the new administration plans a significant increase in I9 audits, targeting industries like construction, making compliance more critical than ever.

Understand the distinction and legal requirements for W2 employees versus 1099 independent contractors; misclassification can lead to substantial fines and liabilities, even if you're not directly employing undocumented workers.

If using subcontractors, ensure they are also compliant with immigration laws, as 'knowing' employment of illegal labor through a sub can transfer liability to your company, including criminal charges and asset forfeiture.

Implement clear protocols for when ICE agents arrive at your job site, understanding your rights and not consenting to searches without a warrant to protect your business from potential legal issues.

Don't rely on the same person who originally completed I9s to perform the audit; an objective third party or legal counsel is crucial to identify overlooked errors.

Regularly check for expiring work authorizations among employees and use Section 3 of the I9 form for re-verification to avoid unknowingly employing individuals whose legal status has lapsed.