Cotney Discusses Impact of SCOTUS Immigration Rulings on Roofing Industry

Trent Cotney, Adams & Reese Tampa Partner and Construction Team Leader, authored an article for Florida Roofing Magazine examining how two recent U.S. Supreme Court immigration decisions affect hiring, staffing, and labor management for roofing contractors.

In the article, Cotney analyzes Mullin v. Doe, which addressed the government's authority to terminate Temporary Protected Status designations and limited judicial review of those decisions. He explains that many TPS beneficiaries have worked lawfully in the United States for years, and if a designation ends or an employment authorization document expires, previously authorized workers may lose the ability to work. Contractors cannot knowingly employ an unauthorized worker, but they also cannot overreact in ways that create discrimination exposure.

Cotney also examines Mullin v. Al Otro Lado, in which the Court held that a person does not arrive in the United States until physically crossing the border. The decision supports federal authority over metering and turnback practices at ports of entry. Together, the rulings may tighten the available pool of work-authorized labor and increase uncertainty among employees, subcontractor crews, and labor brokers.

To help contractors stay ahead of these changes, Cotney outlines six practical steps:

• Conduct an internal I-9 audit to confirm forms are complete and properly stored

• Create a reverification calendar to track expiring work authorizations tied to TPS, asylum or parole-based categories

• Train supervisors not to make immigration-status assumptions or remove workers based on accent, language or perceived national origin

• Review subcontractor agreements to include indemnity language, audit rights and flow-down compliance obligations

• Plan for labor disruption by reviewing schedule clauses, delay notice provisions and force majeure language

• Communicate carefully by directing employees to official government resources rather than providing immigration legal advice

Read More: https://www.floridaroof.com/Immigration-Rulings-2026