In this guide9 sections
- 1. What happened at the Lennar sites
- 2. What California requires of employers during a visit
- 3. Employer duties at a glance
- 4. What to do if agents come to your worksite
- 5. Immigration threats and retaliation are a separate violation
- 6. Your pay and injury rights don’t depend on status
- Laws this article relies on
- Frequently asked questions
- Talk to a California employment lawyer
When immigration agents show up at a California job site, state law sets rules for your employer: limits on giving agents access to work areas and employee records, a 72-hour notice if it receives a notice of an I-9 inspection, and no using immigration status to threaten or punish workers. Your rights to wages, workers’ comp and protection from retaliation apply regardless of status. Questions about your own status are for an immigration attorney.
- California law says an employer may not voluntarily let immigration agents into nonpublic work areas without a judicial warrant, or give them employee records without a subpoena or judicial warrant, except I-9 forms covered by a Notice of Inspection (Gov. Code §§7285.1, 7285.2). State guidance says these rules apply to public and private employers.
- An employer that receives a Notice of Inspection of I-9 forms must notify current employees within 72 hours, and must give affected employees the results within 72 hours of getting them (Labor Code §90.2).
- Threatening to report a worker’s immigration status, or using immigration-related tactics to punish someone for asserting workplace rights, can violate Labor Code §§244 and 1019.
- Wage, workers’ comp and anti-retaliation protections apply to everyone who works in California, regardless of immigration status (Labor Code §1171.5).
1. What happened at the Lennar sites
ABC30 reported on Oct. 13, 2026, that ICE agents visited three Lennar construction sites in Fresno and Madera counties over two days the previous week: the Fanucchi Ranch development in west Fresno and the Riverstone development in Madera County on Thursday, and the Tesoro Viejo development the next day. Family members told ABC30 that workers were detained at two of the sites.
Watch the ABC30 Action News report: “ICE agents visit three Lennar construction sites in Fresno, Madera County over two days” (ABC30 Action News, October 13, 2026)
At Tesoro Viejo, a worker told ABC30 that agents had been asking workers for visa paperwork before a site supervisor stepped in, saying on video that the homes are private property and agents need a signed warrant to enter them. The agents left without detaining anyone. Lennar did not respond to ABC30’s questions about site access, warrants or whether the workers were employed by Lennar or subcontractors. ICE said it could not discuss law enforcement operations.
The visits came amid reports of a broader enforcement push. NBC 7 San Diego reported on Oct. 8, 2026, that the Washington Examiner, citing a source, said ICE was launching a 45-day enforcement surge in California, called “Operation Safe California,” starting in San Diego. KPBS reported the Examiner’s account on Oct. 12, 2026, and a community activist told KPBS that agents had been seen wearing orange safety vests at construction sites. ICE and the Department of Homeland Security did not respond to NBC 7’s requests for comment, DHS did not respond to KPBS, and neither report included confirmation from DHS.
2. What California requires of employers during a visit
California’s Immigrant Worker Protection Act (AB 450), in effect since 2018, controls what an employer, or someone acting for it, does when immigration agents arrive. It does not change what federal agents are authorized to do, and it applies “except as otherwise required by federal law.”
- Nonpublic areas. An employer may not voluntarily consent to an agent entering nonpublic areas of the workplace unless the agent provides a judicial warrant (Gov. Code §7285.1). An employer may take an agent to a nonpublic area where no employees are present to check a warrant, without consenting to a search.
- Employee records. An employer may not voluntarily let an agent access, review or obtain employee records without a subpoena or judicial warrant. The exception is I-9 forms and other documents covered by a Notice of Inspection (Gov. Code §7285.2).
- What counts as a judicial warrant. The state’s AB 450 questions and answers from the Attorney General and Labor Commissioner explain that a judicial warrant is reviewed and signed by a judge. Administrative and removal warrants do not qualify.
- Penalties. Penalties run $2,000 to $5,000 for a first violation and $5,000 to $10,000 for each later one. Only the Labor Commissioner or the Attorney General can enforce these sections; workers can report a suspected violation.
A note on history: in 2018, in a lawsuit brought by the federal government, a federal court temporarily blocked the nonpublic-area and records rules for private employers, while letting the I-9 notice rule below take effect. In April 2021 both sides agreed to dismiss the lawsuit, and their court filing said the temporary order would dissolve. State guidance, last updated in February 2025, says the law applies to all public and private employers. Some older articles still describe the 2018 order as current.
On a construction site with several subcontractors, the company controlling site access may not be the one that holds your employee records.
3. Employer duties at a glance
| Duty | What it requires | Law |
|---|---|---|
| Nonpublic work areas | No voluntary consent to entry without a judicial warrant | Gov. Code §7285.1 |
| Employee records | No voluntary access without a subpoena or judicial warrant, except I-9s under a Notice of Inspection | Gov. Code §7285.2 |
| Notice of I-9 inspection | Post notice to current employees within 72 hours of receiving a Notice of Inspection, with the agency’s name, the date received, the nature of the inspection if known, and a copy of the notice | Labor Code §90.2(a) |
| Inspection results | Within 72 hours of receiving results, give each affected employee a copy and written notice of any deficiencies, deadlines and meeting dates | Labor Code §90.2(b) |
| No immigration threats or retaliation | No reporting or threatening to report status, and no unfair immigration-related practices, to punish workers for asserting rights | Labor Code §§244, 1019 |
| Fair document checks | No demanding more or different I-9 documents than federal law requires, or rejecting documents that reasonably appear genuine | Labor Code §1019.1 |
| Annual rights notice and emergency contact | Yearly know-your-rights notice; notify your designated emergency contact, if you asked, when you are arrested or detained at the worksite | Labor Code §§1550–1559 (SB 294) |
The I-9 notice must be in the language the employer normally uses for employment information, and notice violations carry the same penalty range unless the federal government expressly directed otherwise. The annual notice and emergency contact rules are covered in our guide to workplace immigration rights under SB 294.
4. What to do if agents come to your worksite
- Keep yourself safe. Around open framing, roofs, ladders and heavy equipment, sudden movement can cause a serious fall. Stay calm and don’t physically interfere with anyone.
- Get immigration advice from an immigration attorney. Questions about your status, what to say to agents or what papers to carry depend on your situation, so ask a licensed immigration attorney or accredited legal aid group.
- Write down what you saw as soon as you safely can. Note the date, time, agency named, whether anyone showed a warrant, who spoke to the agents for the company, and what you were asked.
- Watch for the 72-hour notice. If your employer received a Notice of Inspection of I-9 forms, a notice should be posted within 72 hours. Take a photo of it if you can.
- Track your pay. You must be paid for every hour you worked, including the day of the visit. If your employer ends your job, all earned wages are due immediately (Labor Code §201).
- Document any threats. If a supervisor later says something like “keep complaining and I’ll call immigration,” write down the exact words, the date and who heard it.
- Get help on workplace rights. You can file a wage claim or a retaliation complaint with the Labor Commissioner, or talk to an employment lawyer. Retaliation complaints to the Labor Commissioner generally must be filed within one year.
Using immigration-related tactics to punish someone for asserting workplace rights can violate California law. Keep your records, then get advice on your options.
5. Immigration threats and retaliation are a separate violation
Reporting or threatening to report a worker’s or a family member’s suspected immigration status, because the worker exercised a workplace right, counts as an adverse action (Labor Code §244(b)). Using an unfair immigration-related practice, such as threatening to contact immigration authorities, to retaliate for a complaint can violate Labor Code §1019. If it happens within 90 days of protected activity, retaliation is presumed, although the employer can try to rebut it. Remedies can include damages, attorney’s fees and court-ordered suspension of business licenses.
Hypothetical example. Daniel, a drywall installer for a subcontractor, complains to his foreman about missing overtime. Two weeks later, after agents visit a nearby site, the foreman tells him that “people who make trouble get reported.” That comment, made weeks after Daniel’s complaint, may support a claim under Labor Code §§244 and 1019, along with a wage retaliation claim under Labor Code §98.6.
A new law, AB 2495, broadens §1019 starting January 1, 2027. We explain it in our article on AB 2495 and immigration threats at work.
6. Your pay and injury rights don’t depend on status
Labor Code §1171.5 says all protections, rights and remedies under state law are available to people who have applied for or worked in California, regardless of immigration status, except reinstatement that federal law prohibits. Status is generally irrelevant to liability, and questions about it are generally not allowed. The Labor Commissioner also states that California labor laws protect all workers regardless of immigration status (see its guide to filing a wage claim).
That covers minimum wage, overtime, final pay and injuries: if you were hurt on the job, you may be entitled to workers’ compensation. See workers’ comp for undocumented workers and our construction worker rights guide.
Laws this article relies on
| Law | What it does here |
|---|---|
| Labor Code §90.2 | Notice of I-9 inspections |
| Labor Code §§244, 1019 | Immigration-related retaliation |
| Labor Code §1171.5 | Rights regardless of status |
News sources: ABC30 (October 13, 2026); NBC 7 San Diego (October 8, 2026); KPBS (October 12, 2026).
Frequently asked questions
Can my employer give immigration agents my personnel file?
State law says an employer may not voluntarily do so without a subpoena or judicial warrant, except I-9 forms under a Notice of Inspection. A 2018 federal court order that blocked this rule for private employers ended when the lawsuit was dismissed in 2021. The rule limits what an employer volunteers; it does not stop agents who have a valid subpoena or judicial warrant.
Does my employer have to tell us about an I-9 inspection?
Yes. Within 72 hours of receiving a Notice of Inspection, the employer must post notice for current employees, and it must give affected employees the results within 72 hours of receiving them.
Do I still get paid for the day agents came to the site?
You must be paid for all hours you actually worked. If your employer ends your job, all earned wages are due immediately.
Can my employer fire me for talking to a lawyer or the Labor Commissioner after a raid?
Firing or threatening a worker for asserting wage or other workplace rights can violate Labor Code §§98.6, 244 and 1019. Write down what was said and when, and act quickly because some deadlines are one year.
Will a wage or workers’ comp claim ask about my immigration status?
Generally no. California law makes status irrelevant to liability in these cases and limits questions about it. For anything about your status itself, talk to an immigration attorney.
Talk to a California employment lawyer
Employees First Labor Law represents workers exclusively. If you were threatened, retaliated against, shorted on pay or hurt on the job, we offer free virtual consultations. Contact us or call (310) 853-3461.
This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.
