Issue link: https://read.dmtmag.com/i/1530176
A fifth of construction workers lack permanent legal status. Can the next president change that? Construction has an open secret when it comes to the number of workers lacking permanent legal status on jobsites. Immigrants entering the country illegally make up about 23% of the construc- tion laborer workforce in the United States, according to a 2021 report from the Center- for American Progress. A Pew Research Center study pegged that share at 15% for all work- ers in construction jobs. ose numbers underpin a tension in the construction sector where an industry that's starving for help sometimes rolls out the welcome mat to workers lacking the status to work in the country legally. Doing so can give contractors who are willing to look the other way a leg up on the com- petition, but it also opens the door to abuses by employers. "Nobody benefits from having a large pool of undocu- mented workers in the con- struction industry," said Brian Turmail, vice president of public affairs and workforce at Associated General Contrac- tors of America. "It becomes too easy for those workers to be exploited by unscrupulous contractors who then underbid responsible contractors." As the 2024 presidential election draws near, the issue has taken on even more importance for construction executives looking for a way to legally expand their work- forces. For that reason, construction trade organizations continue to advocate for meaningful reform to the current immi- gration system. Brian Turmail Permission granted by Associated General Contractors of America at means pushing for more programs to allow workers to lawfully enter the country and work in construction, said Anirban Basu, ABC chief economist. "If we can figure out a way to deal with these 11 [million] or 12 million undocumented migrants — is there a pathway to, if not citizenship, at least a work visa? Can we bring them out of the shadows?" said Basu. "Can they be employed by a contractor without fear of pen- alty, either for the employee or the employer?" Anirban Basu Permission granted by ABC H-2B visa reform One of those reforms is to raise the current cap of 66,000 visas issued annually under the H-2B visa program, said Kristen Swearingen, ABC vice president of legislative and political affairs. e H-2B visa program provides temporary foreign workers to industries like con- struction, helping to address labor shortages. "Commonsense solutions to address the 12 million undoc- umented immigrants in the United States include expan- sion of H-2B visa and reforms to the overall program," said Swearingen. "Currently, the Kristen Swearingen Courtesy of Associated Builders and Contractors Continued on page 38 H-2B cap is too low to mean- ingfully improve the massive shortage of workers in con- struction and other industries, and that cap should be based on economic need." In terms of the presidential election, both candidates have pledged to decrease illegal crossings at the border. But when it comes to making it easier for foreign-born nation- als to immigrate legally for work, each has taken a differ- ent stance. Vice President Kamala Harris, if elected, is likely to continue the Biden administration's approach to expanding legal immigration pathways such as the H-2B visa program, said L.J. D'Arrigo, partner and lead- er of the immigration practice at Harris Beach, a Rochester, New York-based law firm. IDA Universal November-December 2024 36