Description of the blog
ABC recommends every contractor take all precautions in the hiring process to verify each potential employee is eligible to work legally in the United States, including using the E-Verify system. ABC’s goal is to work with the administration and Congress to create a market-based merit visa system that allows people who want to contribute to society and work legally in the construction industry to do so. There is no place in our country for lawbreakers here to cause harm, and ABC opposes violence, coercion and intimidation of every kind. ABC supports the portion of the administration’s immigration strategy that focuses on lawbreakers.
Following the laws of supply and demand, mass deportations could constrain the availability of labor, which could stifle the ability of the industry to build the construction projects demanded by the marketplace. In other words, the supply of labor may not meet the demand, which could drive up costs, or consumer demand would adjust. And if the worker supply is constrained, employers would most likely adjust their employee value proposition to enhance their position in the marketplace. This is an important reason why we need a market-based merit visa system.
Refer to the following resources from ABC and ABC general counsel Littler Mendelson for more information on immigration policy and enforcement actions.
Temporary Protected Status
ABC believes in protections for TPS recipients, many of whom have been members of the U.S. construction industry workforce for years. Currently, it is estimated that between 70,000 and 100,000 individuals work in the construction industry through both TPS and DACA.
Maintaining TPS
Once an immigrant is granted TPS, they must re-register during each re-registration period to maintain TPS benefits. This applies to all TPS beneficiaries, including those who were initially granted by the U.S. Citizenship and Immigration Services, an immigration judge or the Board of Immigration Appeals. Follow the instructions here to apply for re-registration.
Venezuela
The following alert has been posted on the TPS website: On May 19, 2025, the U.S. Supreme Court, in a convincing 8-1 decision, granted the government’s emergency stay of Judge Edward Chen’s order. See National TPS Alliance, et al., v. Kristi Noem et al., No. 3:25-cv-01766 (N.D. Cal. Mar. 31, 2025). Previously, on Feb. 3, 2025, Secretary of Homeland Security Kristi Noem’s vacatur of the Jan. 17, 2025, notice that extended a TPS designation for Venezuela was published in the Federal Register, and on Feb. 5, 2025, the secretary’s decision to terminate TPS under the 2023 designation for Venezuela was published. Based on the Supreme Court’s May 19 order, the erroneous March 31, 2025, district court order in case No. 3:25-cv-1766 is stayed pending the disposition of the government’s appeal in the U.S. Court of Appeals for the Ninth Circuit. Further updates regarding TPS Venezuela will be posted on the TPS website. Separately, TPS under the 2021 designation for Venezuela remains in effect through Sept. 10, 2025. Learn more.
To learn more, read an analysis provided by Littler, US Supreme Court Allows Recission of Temporary Protected Status for Venezuelans.
Haiti
On Feb. 20, Secretary Noem partially vacated the July 1, 2024, notice that extended and redesignated Haiti for TPS. The announcement amends the period of extension and redesignation of Haiti for TPS from 18 months to 12 months, with a new end date of Aug. 3, 2025, and makes a corresponding change to the initial registration period for new applicants under the redesignation, which will now remain in effect through Aug. 3, 2025. For additional information, please see the Federal Register Notice.
TPS has also issued alerts for Afghanistan and South Sudan.
Visit the TPS webpage for status alerts.
ABC members are encouraged to reach out to counsel with any questions regarding the recent immigration actions.
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