On Jan. 20, President Trump issued a flurry of executive orders related to immigration action items.

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.

Read additional resources on recent immigration actions provided by ABC general counsel Littler Mendelson:

• An ICE Q&A With Answers to Your Top 25 Questions
• An Immigration Compliance and Enforcement Checklist That Outlines Key Areas That May Require Your Attention and Action

• PowerPoint Presentation: Learn About President Trump’s Actions on Immigration and DEI and How To Be Proactive in Compliance Efforts

• Trump Administration Day 1 Immigration Agenda: How Are Employers Impacted?
• The First 100 Days: Increased Immigration Compliance and Enforcement (Podcast)
• The First 100 Days: Executive Orders Impacting Immigration Policy (Podcast)

Temporary Protected Status

Venezuela

On Feb. 1, Secretary of Homeland Security Kristi Noem terminated Temporary Protected Status under the 2023 designation for Venezuela. TPS and related benefits associated with the 2023 designation will end on April 7, 2025. It is estimated that 348,202 Venezuelans will be impacted by the termination.

According to the Federal Register Notice:

“This termination is effective April 7, 2025. After April 7, 2025, nationals of Venezuela (and aliens having no nationality who last habitually resided in Venezuela) who have been granted TPS under the 2023 Venezuela designation will no longer have TPS. This termination determination does not apply to the 2021 designation of Venezuela for TPS, which remains in effect until September 10, 2025, or to individuals who are registered for TPS under the 2021 designation.”

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.

ABC believes in protections for TPS recipients, who have been members of the 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.

ABC members can visit the TPS webpage for status alerts. 

ABC members are encouraged to reach out to counsel with any questions regarding the recent immigration actions.