How Should HVAC Contractors Handle an ICE Raid?

When agents present documentation, the employer should carefully review it rather than react emotionally. A judicial warrant will specify the areas to be searched and the individuals or records sought. Employers should not interfere with lawful enforcement, but they are not required to volunteer information, broaden the scope of the search, or assist beyond what the warrant requires. If no judicial warrant is presented, the employer may lawfully decline entry into non-public areas. This refusal should be respectful and documented, not confrontational. Statements such as “I am not authorized to grant consent; our attorney will respond” are appropriate and defensible.

Employee interactions during a raid require equal care. Employers should never instruct employees to flee, hide, provide false information, or destroy documents, as doing so can trigger obstruction charges. At the same time, employers should not facilitate interviews or line-ups unless required by law. Employees have the right to remain silent and the right to request an attorney, and employers may remind employees of those rights in a neutral, non-coercive manner. Supervisors should avoid choosing individuals based on appearance, accent, or perceived immigration status, as that creates separate exposure under federal and state anti-discrimination laws.

Documentation is another critical area. Employers should maintain I-9s in a centralized, well-organized system separate from personnel files, which allows lawful production without over-disclosure. If ICE issues a Notice of Inspection of I-9s, employers typically have three business days to produce them. That window should be used to conduct a privileged review with counsel to correct technical errors where permitted and assess exposure before documents are turned over.

HVAC employers must also understand how raids intersect with their use of subcontractors and staffing agencies. ICE enforcement increasingly scrutinizes joint-employer relationships, particularly where a contractor exerts control over hiring, scheduling, supervision, or pay. Employers should be prepared to demonstrate that subcontractors are independent entities responsible for their own hiring compliance. Clear contracts, proof of insurance, and documentation showing separation of employment functions can make the difference between a targeted inspection and a broader enforcement action that pulls the HVAC company into the center of the investigation.

After the immediate event, employers should resist the urge to “clean house” by terminating workers solely because ICE appeared. Employment decisions must be based on lawful documentation deficiencies or enforcement outcomes, not panic or assumptions. If ICE identifies specific employees as unauthorized and issues proper documentation, employers must comply with the law, but blanket terminations or retaliatory actions can trigger wrongful termination and discrimination claims. Communication with the remaining workforce should be factual, measured, and respectful, reinforcing that the company is following the law while valuing its employees.

Preparation before a raid ever occurs is the most effective risk-management tool. HVAC employers should have a written ICE response plan, designate a response team, train reception and field supervisors, and establish a direct line to immigration counsel. Mock audits of I-9s, periodic compliance reviews, and careful vetting of labor sources significantly reduce exposure. In an industry already facing severe labor shortages, proactive compliance is not just about avoiding penalties; it is about protecting continuity of operations.

An ICE raid does not have to cripple an HVAC business, but mishandling one can. Calm adherence to legal boundaries, disciplined communication, respect for employee rights, and immediate engagement of counsel are the pillars of an effective response. Employers who plan ahead and respond deliberately are far more likely to emerge with their operations intact and their legal exposure contained.

The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.