ICE at the Jobsite: What Supervisors Should Do and Say in the First Minutes
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed September 23, 2026
Legal Inquiry
Consumer Legal Issue
If ICE shows up, what should supervisors and employees do in the first few minutes?
What should a supervisor say, and not say, in the first 60 seconds of an encounter?
What protocol should our site supervisors follow if ICE shows up at an active project where several independent subcontractors are working?
Attorney Answer
Keep the site safe and calm, get the designated company contact and counsel on the phone, and let the agents' paperwork decide what happens next.
Supervisor script for the first minute: 'Please identify your agency and show me the warrant or other legal process. I am contacting our designated company representative and counsel. I am not authorized to consent to a search.' That last sentence matters legally: entry is valid if the officer reasonably believes the person consenting has authority (Illinois v. Rodriguez), and 8 C.F.R. § 287.8(f)(2) names 'the owner or other person in control of the site' as the consent-giver, so a foreman's 'sure, go ahead' can validate an entry even if he had no authority. A clear disclaimer defeats that. If the person on site actually has authority, they may instead decline consent. Ask for a copy of any warrant and note the time, names, and areas requested.
Officers may ask anyone questions, but 'as long as the immigration officer does not restrain the freedom of an individual, not under arrest, to walk away' (8 C.F.R. § 287.8(b)(1)); a brief detention needs reasonable suspicion on articulable facts (§ 287.8(b)(2)). Employees keep their own rights (see What Are Workers' Rights When ICE Approaches, and How Should They Invoke Them?). On a multi-employer site, agree in advance with the general contractor and other subs who controls which areas and who calls counsel; one supervisor should not purport to consent for other companies. On a shared site the owner and other contractors can consent to common areas over your objection (Donovan v. A.A. Beiro Construction), so your objection has legal effect mainly in your own exclusive areas.
Never obstruct, hide workers, move crews to evade agents, destroy records, or make false statements (18 U.S.C. § 1001; 8 U.S.C. § 1324(a)(1)(A)). A request to call counsel is not a right to delay a lawful warrant. An I-9 Notice of Inspection is different from a warrant: it gives at least three business days to produce the forms (8 C.F.R. § 274a.2(b)(2)(ii)). Document objections for counsel rather than arguing at the gate.
Cases Cited
Published decisions relevant to this issue, provided as legal background rather than advice about any particular case.
- Illinois v. Rodriguez, 497 U.S. 177 (1990) — U.S. Supreme Court
Consent from someone who reasonably appears to have authority can validate an entry, which is why a supervisor should say accurately that they cannot consent. - INS v. Delgado, 466 U.S. 210 (1984) — U.S. Supreme Court
Workplace questioning by immigration agents was not a seizure where workers had no reason to believe they would be detained for declining to answer. - Donovan v. A.A. Beiro Construction Co., 746 F.2d 894 (1984) — U.S. Court of Appeals for the D.C. Circuit
On a multi-contractor construction site, the owner and other contractors sharing common areas can consent over one contractor's objection. - United States v. Matlock, 415 U.S. 164 (1974) — U.S. Supreme Court
Consent by a person with common authority over premises is valid against an absent co-user.
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Frequently Asked Questions
What should a supervisor say when ICE arrives?
Ask the agents to identify their agency and show the warrant or other legal process, say that you are contacting the designated company representative and counsel, and state that you are not authorized to consent to a search, if that is accurate.
Why does it matter whether a foreman consents?
An entry is valid if officers reasonably believe the person consenting has authority, and ICE's rule allows entry to non-public areas on the consent of the owner or other person in control of the site. A clear statement that the foreman lacks authority prevents an accidental consent.
Can we delay agents until our lawyer arrives?
No. Asking to call counsel does not give a right to delay a lawful warrant. Never obstruct, hide workers, move crews, destroy records or make false statements; document objections for counsel instead.