Will new immigration investigation policies increase business risk?

The new administration has increased the frequency of ICE investigations, which could be a potential disruption at work sites. How could CRE teams analyze these changes to know what level of resources should be invested in order to properly support the business?

As with any risk model, we are prioritizing based on severity of impact, probability of occurrence, and our ability to detect the event in time to do something about it. For CRE, common impacts are occupant safety, corporate reputation, and business disruption.

Why worksites? Tom Homan, Trump’s “border czar,” said the administration plans to bring back workplace raids, which were?paused during Biden’s tenure.“Worksite operations have to happen. Here’s why,” Homan said during an?interview on Fox News. “Where do we find most victims of sex trafficking and forced labor trafficking? At worksites.”

CRE teams are the stewards of any organization's portfolio of locations. So in order to understand the risk associated with an ICE investigation at a work site, start with location as a risk factor. Will the administration's policy changes impact some geographies more than others? Yes. ICE will certainly lean toward geographies with concentrations of foreign born populations.

Much of the concern is in southern border states, such as Arizona and Mississippi; however, other states are also concerned, e.g., Tennessee.? According to Pew Research, there are high concentrations of unauthorized immigrants in cities such as ?Seattle, Denver, Chicago, New York.

Another risk factor to consider is labor type. We can assume that ICE will target industries that hire relatively higher numbers of foreign-born workers, for example construction.?

Once you have identified worksites in higher-probability geographies, with higher-probability labor types, consider operations at the sites. For example, sites that house a daycare or that host lots of customers could be more negatively impacted. Construction sites for mission critical capacity expansion could be worth evaluating.

The Department of Homeland Security is giving the go-ahead for Immigration and Customs Enforcement (ICE) to make arrests in some previously protected places…daycare centers, places of worship, and health care facilities.” [link]

What actions should be taken?

Once you have a sense of whether any of your work sites are exposed to these risks, take a look at your existing policies.

Some of this risk can be mitigated through advance collaboration with other groups. Most likely, investigations by federal agents will be part of the responsibilities of your Corporate Security team. And your HR department certainly has a point of view of how immigration and visa status is managed for employees and contingent workers. So CRE should collaborate with Security, HR, Legal, Public Relations...Work with your service providers.

Are your internal spaces marked "Private?" If so, that improves clarity for what sort of warrant is needed prior to entering the space.

Private spaces require judicial warrants before law enforcement can enter. An ICE warrant, also known as an administrative warrant, allows an agent to arrest the person for which the warrant is issued. But it doesn’t allow an agent to demand entry into someone’s home or a private space. Only a judicial warrant, which has been reviewed and signed by a judge, grants a law enforcement official that power. [link]

Think through contingency actions, as well, e.g., by making sure on site reception and business management know whom to call in case of an investigation.

Simply the possibility of a worksite investigation increases stress. Above all, do what you can to assure the safety and mental wellbeing of all your site occupants.

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