18 Cornerstone Fall 2025 agchouston.org T exas lawmakers have increasingly asserted authority in immigration-related matters. Legal battles are ongoing, but contractors should expect that enforcement variability will continue. Working with legal professionals and industry associations, such as the AGC of America and the Associated General Contractors - Houston Chapter, is the best way to stay informed. H-2B Guest Worker Visa Program: Expanding on the H-2A temporary visa program for agricultural workers, the H-2B visa program allows U.S. employers to temporarily hire foreign workers for non-agricultural jobs when there is a shortage of domestic workers. This program is designed to address seasonal or peak labor needs in various industries, including landscaping, hospitality, construction and food processing, although there is a limit on the number of H-2B visas — generally valid for one year with possible extensions to a maximum of three years — that are issued each fiscal year. “We’re working with Congressman Lloyd Smucker (PA-11) to craft legislation that will create an explicitly construction-specific visa program,” said Brian Turmail, vice president of public affairs and workforce at AGC of America. “Of course, our first preference is for the federal government to boost investment in the domestic workforce development, but this would be an appropriate short-term solution.” Dignity Act of 2025 (H.R. 4393): This is a bipartisan bill introduced on July 15, 2025, by Congresswoman María Elvira Salazar (R-FL) and co-sponsored by Rep. Veronica Escobar (D-TX) that aims to address America’s immigration challenges and find a compromise between border security and providing opportunities for undocumented individuals. As such, the Dignity Act includes measures to enhance border security and increase penalties for illegal crossings but also institutes a seven-year Dignity Program for undocumented immigrants who have been in the U.S. since before December 31, 2020. This program would offer participants the chance to earn legal status (though not citizenship) by meeting certain requirements like paying restitution, passing background checks and being gainfully employed or in school for a specified period, while barring access to federal means-tested benefits and entitlements. This bill also includes provisions for Dreamers, including DACA recipients, to obtain conditional permanent residency and a pathway to lawful permanent residency (LPR) status through college degrees, military service or employment. The AGC strongly encourages its members to talk to their local members of Congress about how this bill can help the construction industry so that it will have a better chance of working its way through the Senate and House of Representatives “The AGC of America is backing this measure,” confirmed Turmail. “We have also been meeting separately with Trump administration officials to explain the impact of enhanced enforcement activity and encourage them to go back to conducting enforcement actions on individuals who are here illegally and who are engaged in additional illegal activity, not those who are helping to build the American dream.” Often, workers are quick to assume the worst and contemplate running, even if agents were only looking for a few specific people or dropping off audit forms. And, when they try to run, ICE may assume there’s a reason and detain them as well. So, when rumors abound, Stergio asserts the best plan of action is to simply stay calm. “If there are areas of the shop or jobsite that folks normally aren’t authorized to be in, put up a sign ‘authorized personnel only,’ and that will keep ICE and DHS out … as long as they don’t have a judicial warrant to permit them to access an entire area,” he explained. “If it’s just an ERO or audit situation, ICE won’t come near the workforce.” Remind teams that the company val- ues their safety and is committed to a lawful, respectful workplace. If workers express concern, offer a safe space to talk and encourage questions. Let employees know they won’t be penalized for seeking information or clarification. Additionally, consider bringing in a local legal aid rep- resentative or immigration attorney to host a voluntary Q&A session. What to Do When ICE Shows Up When ICE does ultimately appear on a jobsite, Stergio recommends trying to figure out why they’re there in the first place — determine the reason for the visit or if it’s just an audit. “They can request I-9s, and you have three days to provide them, or they’ll take the paperwork and go away for a while to look at it,” he clarified. In the case of an ERO, ICE will be looking for specific individuals (which may include those working for a subcontractor) but cannot go to areas of the jobsite that are inaccessible to unauthorized persons. “You don’t have to let ICE go back into where the general population is. You can bring individuals up to them, or ICE can wait in the parking lot until the end of the shift and hope to catch them on their way out,” affirmed Stergio. “However, you’ll want to comply so ICE doesn’t suspect your jobsite is a hotbed Legislative Changes and What to Watch
