Quick Guidance If ICE Is On Site

  • ICE cannot enter private areas without a judicial warrant

  • Administrative warrants are not signed by a judge

  • You have the right to remain silent

  • You may ask to see and copy any warrant

Downloads & Resources

Before ICE Arrives (Preparation)

Before an ICE Visit: Recommended Precautions

  • Designate Public vs. Private Areas

    • Suggest signage: “Private,” “Non-Public Area”

Public areas are spaces generally open to the public, such as building lobbies, publicly accessible retail areas, or portions of a construction site that are openly accessible without restriction. ICE agents may enter these areas without a warrant.

Private areas include apartments, offices, mechanical rooms, staff-only areas, secured or fenced portions of construction sites, trailers, equipment storage areas, and any location clearly marked or treated as restricted. ICE agents may not enter these areas without a judicial warrant signed by a judge.

On construction sites, fencing, signage, controlled access points, and safety requirements help establish whether an area is considered private.

  • Train Key Staff

    • Reception, security, supervisors

  • Assign an ICE Response Coordinator

    • One point of contact (plus backup)

  • Review Union Agreements (if applicable)

Understanding ICE Documents -- Not All ICE Documents Are the Same

🟢 Judicial Warrant

  • Signed by a judge

  • Names a court

  • Allows entry into private areas

  • Requires compliance

View Sample Judicial Warrant (PDF)

🟡 Administrative Warrant (Forms I-200 / I-205)

  • Signed by an immigration officer

  • Does NOT allow entry to private areas

  • Does NOT require you to bring employees forward

View Sample Administrative Warrant (PDF)

If ICE Arrives at Your Workplace

Step 1: Stay Calm and Notify Leadership

  • Contact the on-site coordinator and legal counsel

  • Ask agents to wait in a designated area

Step 2: Verify Identity and Purpose

  • Ask for names, badge numbers

  • Ask why they are there

Step 3: Ask to See a Warrant

  • Judicial vs. administrative matters

Step 4: Respond Appropriately

  • Do not consent to entry without a judicial warrant

  • Do not interfere physically

  • You may state objections calmly

Step 5: Document Everything

  • Who, what, where, and what was seized

Interacting with ICE Agents (Powerpoint)

After an ICE Visit

After ICE Leaves: What to Do Next

  • Document the encounter

  • Notify legal counsel immediately

  • Notify union representatives if applicable

  • Communicate transparently with staff

  • Consider reasonable leave if someone is detained

Know Your Rights

Questions or Concerns?

If you have questions about this guidance or need assistance, contact the Building and Realty Institute directly.

Next Steps for Members

  • Review this guidance with your management team

  • Train front-desk and building staff on proper procedures

  • Bookmark this page for quick reference

  • Contact the BRI with questions or for additional resources

📧: info@buildersinstitute.orgcreate new email

📞: 914-273-0730

This material was prepared by BRI’s Labor Counsel Matthew Persanis, Esq. of Elefante & Persanis, LLP.