A federal grand jury will consider immigration-related criminal charges against two of the 33 workers arrested at the construction site for the new federal courthouse in downtown Richmond last week.
Thirty-three-year-old Hugo Dominguez Cano is charged with re-entering the country after being deported in March 2006.
Juan Perez-Hernandez, who is 23, is charged with possessing a counterfeit alien-resident card. Both men are from Mexico.
U.S. Immigration and Customs Enforcement agents took 29 men and four women into custody May 7. The workers' native countries included Mexico, Honduras, Guatemala, El Salvador, Nicaragua and Peru.
A judge sent the charges to a grand jury following a preliminary hearing in U.S. District court in Richmond Tuesday.
The two men are being held without bond, while the remaining 31 workers are being processed for deportation.