As we delve into the complex world of immigration enforcement and workplace compliance, we’re joined by Luca Calarailli, a seasoned expert in the construction industry with a deep understanding of design, architecture, and innovative technologies. With his extensive experience in sectors often scrutinized by Immigration and Customs Enforcement (ICE), Luca offers a unique perspective on the increasing frequency of surprise inspections at Utah businesses. In this interview, we explore the intricacies of ICE visits, their profound impact on business owners and employees, the critical importance of meticulous documentation, and actionable strategies for preparation in industries like construction and hospitality.
How have you seen surprise ICE inspections unfold at businesses in Utah, particularly in industries like construction? What’s the typical process when they arrive?
In my experience, these surprise ICE inspections can be incredibly jarring for business owners, especially in construction where we often rely on a diverse workforce. Typically, an armed officer from DHS or ICE shows up with a 72-hour site inspection notice. They hand-deliver this notice and lay out exactly what they’re looking for, usually demanding to see employee records and I-9 forms within that tight window. It’s a high-pressure situation—there’s no room for delay, and the tension is palpable as everyone scrambles to pull together the necessary paperwork.
What’s the general reaction from business owners when they receive that 72-hour notice from an armed officer?
Most business owners are caught completely off guard. There’s an immediate sense of panic because 72 hours is not a lot of time to gather everything ICE is asking for. I’ve seen owners go into crisis mode, calling in their HR teams or legal advisors to figure out what’s next. There’s also a fear factor—having an armed officer at your door isn’t just intimidating; it signals that this is serious, and the stakes are high. Many feel helpless, especially if they suspect there might be even minor issues with their records.
Could you walk us through the specific documents ICE usually requests during these inspections?
Absolutely. The primary focus is on I-9 forms, which verify an employee’s identity and legal authorization to work in the U.S. They’ll want every single one for all current and sometimes even past employees. Beyond that, they might ask for payroll records, tax documents, and any other paperwork related to employment. It’s a comprehensive review, and they’re looking for any discrepancy, no matter how small, that could indicate non-compliance.
Why do seemingly small paperwork errors, like a missing signature on an I-9 form, carry such heavy consequences for businesses?
It might seem trivial, but those small errors are a big deal because they signal to ICE that a business isn’t following federal regulations. A missing signature or an incomplete form can be interpreted as negligence, and the fines stack up quickly per violation. I’ve seen cases where a single mistake on multiple forms leads to thousands of dollars in penalties. It’s not just about the money—it’s the message it sends that the business isn’t taking compliance seriously, which can trigger deeper scrutiny or even legal action.
Can you share an insight into how these inspections impact employees, especially when some stop showing up to work?
The impact on employees is often heartbreaking. When word gets out about an ICE inspection, fear spreads fast. Many workers, even those with legal status, worry about what it might mean for them or their families. Some stop showing up because they’re afraid of being questioned or caught in the crossfire, even if they’ve done nothing wrong. In construction, losing key team members overnight can derail projects, and it creates a ripple effect of stress and uncertainty for everyone involved.
How do the hefty fines associated with these inspections affect small- to medium-sized businesses in particular?
For small- to medium-sized businesses, these fines can be devastating. A penalty in the six-figure range isn’t just a slap on the wrist—it’s a financial blow that can force layoffs or, in some cases, shut down operations entirely. I’ve witnessed local contractors in Utah struggle to recover after a big fine, cutting staff or losing contracts because they can’t afford to keep up. It’s a harsh reality that a single inspection can undo years of hard work, especially for businesses operating on thin margins.
What do you think drives the focus on industries like construction and hospitality for these ICE inspections?
I believe it comes down to the nature of the workforce in these industries. Construction and hospitality often employ a higher percentage of immigrant labor, which puts them under the microscope. There’s a perception—right or wrong—that these sectors might have more undocumented workers or compliance issues. Plus, they’re visible industries; a construction site or a busy restaurant is easier to target than a corporate office. It feels like a strategic choice by enforcement agencies to make an example out of these fields.
Have you observed any changes in the frequency or approach of these inspections over the past few years?
Definitely. While ICE inspections aren’t new, they’ve ramped up noticeably in recent years. A few years back, they felt more sporadic, almost like a warning. Now, there’s a clear increase in frequency, especially in Utah, and the approach is more aggressive with shorter notice periods and stricter enforcement of even minor errors. It’s part of a broader trend of heightened scrutiny on workplace compliance that’s been building across different administrations.
What proactive steps can business owners in construction take to prepare for a potential ICE inspection?
Preparation is everything. Business owners need to treat compliance as a priority, not an afterthought. Start by conducting regular internal audits of all employee records, especially I-9 forms, to catch errors before ICE does. Train your HR team or managers on proper documentation processes. It’s also wise to consult with an immigration attorney to ensure you’re following every regulation to the letter. Being proactive can save you from a world of trouble when that 72-hour notice lands on your desk.
What advice would you offer to a business owner who’s anxious about the possibility of a surprise ICE visit?
My advice is to stay calm but act now—don’t wait for the knock on the door. Build a culture of compliance within your business. Make sure everyone understands the importance of accurate records and knows the protocols if an inspection happens. Keep open lines of communication with your employees so they feel supported rather than scared. And remember, you’re not alone—reach out to legal experts or industry peers for guidance. Being prepared can turn a potential crisis into a manageable situation.
Looking ahead, what is your forecast for the trend of ICE inspections in industries like construction over the next few years?
I expect these inspections to continue increasing, at least in the near term. There’s a sustained focus on immigration enforcement that doesn’t seem to be letting up, regardless of political shifts. For construction, I think we’ll see even tighter scrutiny as the industry grows and labor demands rise. Businesses will need to adapt by investing in compliance systems and technology to keep up. It’s not just about avoiding fines—it’s about building a resilient operation that can withstand this kind of pressure.
