On May 8, 2006, Immigration and Customs Enforcement (“ICE”) arrested 76 undocumented workers and 4 construction site managers at Fischer Homes, Inc. worksites in Kentucky. Fischer and its managers were charged criminally with harboring and transporting undocumented workers for financial gain. Tax investigators were also involved. On May 2, 2006, ICE carried a similar operation against a stucco contractor in Indiana, and charged the owner with harboring and money laundering. Both operations took place under the new Homeland Security “get tough” policy against companies who use undocumented workers.

The following article contains a brief analysis of the “labor through contract” theory of sanctions liability (specifically addressing the building and construction industry) and a 3-point compliance plan including a training component for managers and supervisors who are authorized to retain subcontractors on building projects.

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