Stepped-up ICE enforcement is hitting home construction, and builders are asking whether their paperwork would survive an audit. An I-9 compliance attorney can help employers answer that question before an inspector does. Here is what is happening and how to prepare.

How ICE Enforcement Is Affecting Homebuilders

Builders say intensified enforcement is making workers harder to find, raising labor costs, and slowing construction. A September 2026 survey by John Burns Research and Consulting, reported by Axios, found builders in states such as Texas, Virginia, and Florida calling ICE a major issue.

The industry leans heavily on immigrant labor. According to 2024 Census data analyzed by the National Association of Home Builders, immigrants made up more than 26% of the construction workforce. Because of that reliance, employers are asking an I-9 audit attorney about their risk. The share is higher in some trades, including about 57% of drywall and ceiling installers and 53% of roofers.

DHS reported 50,925 arrests in August 2026, its highest monthly total to date. The home builders’ association says raids also discourage legally authorized workers from reporting to job sites. In contrast, the administration says ICE targets people who are unlawfully present and that American workers can fill available jobs. It has also created a new Office of Immigration Policy to help employers with immigration rules.

What Does an I-9 Compliance Attorney Do for Employers?

Every U.S. employer must complete a Form I-9 for each new hire. As enforcement grows, errors on those forms become real financial risk. A lawyer who handles this work can:

review your existing I-9s for errors before ICE does;
correct mistakes the right way, without backdating or altering forms;
set up a retention and reverification system for HR;
respond to a Notice of Inspection on your behalf; and
review contracts with subcontractors and staffing agencies.

How an I-9 Audit Generally Works

ICE usually begins with a Notice of Inspection. Employers generally have three business days to produce their I-9 forms. ICE then reviews them for errors and may question whether workers’ documents are valid. An I-9 audit can feel overwhelming, so many employers bring in an I-9 compliance lawyer early.

Fines are assessed per form, so small mistakes across many employees can add up quickly. In fact, ICE has reportedly tightened how it treats certain errors in 2026. However, good-faith compliance efforts and prompt correction can help reduce penalties. As a result, an internal audit before any notice arrives is often worth the cost. An I-9 compliance attorney can lower that risk.

Steps Employers Can Take Now

Run an internal audit of every current I-9, including those for terminated employees still within the retention period.
Fix errors properly and document the correction.
Train the people who complete forms, especially at smaller contractors and subcontractors.
Keep I-9s separate from general personnel files so you can produce them quickly.
Decide in advance who handles a government visit, and call counsel as soon as a notice arrives.

These steps do not replace legal advice. Because each business has different facts, an I-9 compliance lawyer should review your situation. Our work visa services and labor certification help can also support employers who sponsor workers.

What Immigrant Workers Should Know

For immigrant workers, this environment makes it especially important to understand your status, your work authorization, and your rights if approached by immigration officers. Generally, you have the right to remain silent and to speak with an attorney. Read our guides to how ICE arrests work and your rights at home for more detail. Employers with questions can also speak with an employer immigration lawyer.

FAQ: I-9 Compliance Attorney

What does an I-9 compliance attorney do?

An I-9 compliance attorney audits your forms, helps correct errors, trains your staff, and represents you if ICE issues a Notice of Inspection. The goal is to reduce penalties and avoid knowing-hire problems.

How long do I have to respond to an I-9 audit?

Employers generally have three business days after receiving a Notice of Inspection to produce their I-9 forms. Contact an attorney right away, because some deadlines can sometimes be discussed with ICE.

How expensive are I-9 mistakes?

Fines are assessed per form, so errors multiply with the size of your workforce. Good-faith efforts and prompt correction can help reduce them. Knowingly hiring unauthorized workers carries far more serious consequences. An I-9 audit attorney can help limit exposure.

How long must I keep I-9 forms?

Generally, employers must keep each I-9 for three years after the hire date or one year after employment ends, whichever is later. An I-9 compliance attorney can set up a retention schedule.

Does hiring through subcontractors protect me?

Not necessarily. Using contract labor while knowing workers are unauthorized can create liability. An employer immigration lawyer can review your subcontract terms and screening practices.

Can a New York immigration law firm help with I-9 compliance?

Yes. Shepelsky Law Group is a New York immigration law firm that advises employers and workers on compliance, work authorization, and enforcement issues. Call 718-769-6352 to discuss your situation.

Talk to an Immigration Lawyer for Your Business

If you employ immigrant workers, do not wait for an audit notice to find out where you stand. Shepelsky Law Group helps New York employers review their forms and prepare for inspections. We also assist with employment-based green cards and workers facing removal proceedings.

Call 718-769-6352 or schedule a consultation to speak with our team. You can also learn more about our firm.