ICE Construction Site Raids: What Employers Need to Know Now
By James K. Larsen, Managing Attorney | June 2025
In a dramatic return to aggressive worksite enforcement, Immigration and Customs Enforcement (ICE) has launched a series of high-profile raids at construction sites across the country—including recent operations in Tallahassee, Laredo, New Orleans, San Antonio, and more. These raids have resulted in the arrest and detention of hundreds of workers, many of whom are reportedly undocumented.
The impact on the construction industry—already facing a severe labor shortage—is immediate and alarming. Job sites have shut down, workers have gone missing, and employers have been left scrambling.
If you're a contractor, developer, or project manager in the construction field, now is the time to understand your legal obligations and establish a clear, compliant plan in the event that ICE targets your site.
Why Construction Sites Are Being Targeted
Recent research suggests that the percentage of undocumented workers in the construction industry is significantly higher than previously reported. While national estimates often cite that around 20% of construction workers are undocumented, multiple studies—including those by the Urban Institute and the Center for Migration Studies—indicate that the true figure is likely closer to 30–40% nationwide. In states like Texas, California, Florida, and Nevada, the proportion of undocumented labor can exceed 50%, particularly in residential construction and subcontractor-heavy trades. Occupations such as roofing, drywall installation, concrete finishing, painting, and framing are especially reliant on undocumented labor, with immigrant workers—many of them undocumented—making up the majority in some areas. These elevated percentages reflect longstanding labor shortages, lack of vocational investment, and restrictive legal pathways for foreign-born workers to enter the trades lawfully
Immigration and Customs Enforcement appears to be focusing on large, multi-site projects, particularly in states with high immigrant labor forces like Florida, Texas, and Louisiana.
Recent raids have involved helicopters, coordinated law enforcement teams, and mass detentions. Even employees with legal status are expressing fear, leading to lower turnout and halted operations.
What to Do If ICE Raids Your Jobsite
Step 1: Identify the Type of Warrant
Judicial Warrant
- Signed by a judge
- Authorizes entry to private/restricted areas
- Compels production of documents
Administrative Warrant
- Signed by ICE (not a judge)
- Does not grant access to private jobsite areas
- Allows presence in public areas only
You are only legally required to comply fully with a judicial warrant.
Step 2: Immediate Employer Action Plan
- Contact your legal counsel immediately. Do not delay.
- Assign a representative to accompany each ICE agent.
- Do not allow access to non-public areas without a judicial warrant.
- Object to searches outside the warrant’s scope.
- Document agent names, credentials, and actions.
- Preserve and withhold any attorney-client privileged materials.
- Create or obtain a list of any seized items
Employee Rights
- Workers have the right to remain silent and to ask for an attorney.
- Employers may inform workers of these rights but must not direct them to cooperate or remain silent.
If You Receive a DHS Notice of Inspection (I-9 Audit)
- You have three business days to provide:
- Form I-9s
- Supporting work authorization documents, if maintained as part of your process
- Staffing agency and subcontractor records (sometimes requested)
An immigration attorney can sometimes negotiate for a reasonable extension, providing valuable time in which to respond.
Common Outcomes:
- Notice of Suspect Documents - auditor compares the information provided on Forms I-9 to government database and identifies employees whose documents appear to be problematic and instructs employer to conduct further due diligence and take action as necessary.
- Notice of Technical or Procedural Failures - auditor identifies issues with how the Forms I-9 were completed
- Notice of Intent to Fine
Fines range from $281 to $27,894 per violation, depending on factors like size, severity, and prior history.
An experienced immigration attorney may be able to persuade the auditing agency that mass layoffs would cause significant harm to both the company and the local economy, and negotiate a phased resolution period to address the identified discrepancies. An immigration attorney can help the company properly correct errors on the Form I-9 to mitigate potential fines.
Proactive Measures for Construction Employers
- ✅ Conduct an internal I-9 audit
- ✅ Train staff on how to respond to ICE visits
- ✅ Establish a jobsite response plan
- ✅ Use E-Verify as appropriate
- ✅ Review contracts with staffing agencies and subcontractors
- ✅ Prepare a designated legal contact list and protocol for ICE interactions
Looking Ahead: Raids Won’t Solve Labor Shortages
The construction industry is already facing a shortage of more than 400,000 workers nationwide. ICE raids and enforcement disruptions only compound the problem, making it even harder to meet housing demands and public infrastructure goals. Without meaningful immigration reform that expands lawful workforce options, experts warn of continued delays, rising costs, and increasing labor instability.
Employers seeking long-term staffing solutions may consider programs like the H-2B visa for seasonal labor or the PERM labor certification process for permanent positions—though both require strategic planning and legal guidance.
If your company is concerned about compliance, worksite enforcement, or workforce planning, we encourage you to contact Larsen Immigration Law for experienced, industry-specific support. We're here to help you navigate these challenges with confidence.
Immigration law changes rapidly. This article is for informational purposes only, reflects the law as of its publication date, and may be superseded by later changes in the law, regulations or agency policy. It is not legal advice, and reading it does not create an attorney-client relationship.La ley de inmigración cambia rápidamente. Este artículo es solo para fines informativos, refleja la ley a la fecha de su publicación y puede quedar superado por cambios posteriores en la ley, las regulaciones o las políticas de las agencias. No es asesoría legal, y leerlo no crea una relación abogado-cliente.