A recent viral video of six Guatemalan construction workers detained during a roofing job near Cambridge, Maryland, has renewed focus on wage theft and employers who threaten to call immigration authorities to avoid paying workers. While the facts of this particular incident are disputed, it illustrates how immigration threats can be used to exploit vulnerable workers.
This blog explains what wage theft is, how threats to call ICE can create additional legal exposure for employers, and what workers can do to protect their rights.
The Cambridge Roofing Raid: What Happened?
In a widely shared video, roofing workers are seen on a residential roof as ICE agents arrive and detain several of them. Social media posts alleged that the homeowner called ICE to avoid paying a reported roofing bill of around $10,000.
ICE later stated that it was conducting a “targeted enforcement operation” near Cambridge and denied that the arrests were triggered by a tip from the homeowner. According to the agency, six people were arrested, several had final orders of removal, and one had a prior conviction for illegal reentry. The homeowner has also publicly denied contacting ICE and says she and her family have received threats following the raid.
Not everyone is convinced by the homeowner's claims, as demonstrated by the significant controversy the video continues to provoke. Others have also since pointed out that hiring workers, allowing them to perform substantial labor, and then reporting them to immigration authorities to avoid paying can violate multiple state and federal laws.
Can Workers Record ICE During an Enforcement Action?
In most situations, individuals have a First Amendment right to record law enforcement officers, including ICE, so long as they do not interfere with official duties. Best practices include:
- Keeping a safe distance to avoid accusations of obstruction or resisting arrest.
- Following lawful orders related to safety or scene control while continuing to assert the right to record.
- Remembering that property owners may restrict recording on private property, even if the encounter involves police or ICE.
Workers who choose to record should remain calm, avoid physical interference, and clearly state that they are documenting the encounter.
When Wage Theft and Immigration Threats Overlap
Wage theft occurs when an employer fails to pay workers the full wages they are legally owed. Common examples include paying less than the minimum wage, denying overtime, misclassifying employees as independent contractors, or simply failing to pay for all hours worked.
Immigrant and undocumented workers are especially vulnerable to wage theft when employers:
- Threaten to call ICE if workers ask to be paid.
- Use immigration status to discourage complaints about unsafe conditions or unpaid wages.
- Hire workers for cash, then refuse to pay or disappear after the work is done.
According to the National Institute for Workers’ Rights, workers in the United States lose more money every year to wage theft than to all forms of property crime combined, with more than $15 billion stolen annually and less than 3% recovered.
Potential Legal Claims Against Employers
Depending on the facts, a homeowner or employer who uses immigration threats to avoid paying workers may face both civil and criminal exposure.
Possible criminal issues can include:
- Fraud, if the employer never intended to pay and hired workers under false pretenses.
- Extortion, when a threat to report immigration status is used to force workers to accept less pay or no pay at all.
- Labor trafficking, when workers are recruited or controlled through coercion, threats, or abuse of power.
Possible civil claims can include:
- Wage theft and unpaid wages under state wage payment laws.
- Breach of contract, where there was an agreement for specific work and pay.
- Violations of minimum wage and overtime laws under the Fair Labor Standards Act (FLSA) and state law.
- Retaliation and discrimination, if immigration threats are used because workers asserted their legal rights or because of national origin or perceived immigration status.
Some states, including Maryland, explicitly make it illegal to threaten to report a worker’s immigration status to obtain labor or avoid paying wages, and may allow workers to seek multiple damages and attorneys’ fees.
What Workers Can Do If They Experience Wage Theft
Regardless of immigration status, workers may have several options if they are not paid what they are owed:
- Contact the U.S. Department of Labor’s Wage and Hour Division (WHD). WHD investigates wage and hour complaints and can recover back pay when employers violate minimum wage or overtime rules.
- Report retaliation and immigration-based threats. In some states, threats to call ICE in response to wage complaints are expressly prohibited and may support separate retaliation or extortion claims.
- Speak with an employment or workers’ rights attorney. Many worker advocates and private attorneys offer free initial consultations and can advise on wage claims, retaliation, and how to protect a worker’s family and immigration interests.
Workers should also gather and keep:
- Records of hours worked and days on the job.
- Text messages or written communications about pay, the job, or threats.
- Any written contracts, estimates, or invoices.
- Names and contact information of witnesses who saw the work or the threats.
Even when workers are detained or deported, it may still be possible to pursue wage claims through authorized representatives, mailed checks, or direct deposit arrangements.
Written by the abogado.com editorial team
Related Resources
- New USCIS Proposal Would Deny Work Permits to Asylum Applicants (FindLaw's Law and Daily Life)
- Trump Administration to Revoke Passports for Unpaid Child Support (FindLaw's Law and Daily Life)
- Federal Judge’s Injunction Halts IRS’s Taxpayer Data-Sharing With DHS and ICE (FindLaw's Law and Daily Life)
