It’s not shocking that President Trump contradicted himself about immigration enforcement, ordering new raids on farms and hotels days after saying he’d spare those industries. But it’s somewhat surprising he’s been silent about construction, the sector with the most immigrants on the job – especially since camouflaged men are increasingly showing up unannounced at construction sites.
In recent weeks, masked agents with no ID’s, supposedly from the U.S. Immigration and Customs Enforcement (ICE), have raided construction sites and seized workers without warrants in California, Florida, Louisiana, Maine, Pennsylvania, Texas and Utah.
“It really is widespread,” said Jim Tobin, president of the National Association of Home Builders (NAHB). “Whole crews are not coming to work because they're fearful of a raid.”
Tim Henderson of Stateline reported, “Trump’s Dept. of Homeland Security is going after construction workers without legal status to meet its mass deportation goals — despite the country having a housing shortage. A shortage of workers has delayed or prevented construction, causing billions of dollars in economic damage, according to a June report from the Home Builders Institute.”
About one-quarter of all immigrants without a college degree work in construction, some 2.2 million workers as of May That’s more than the next three industries combined: restaurants (1.1 million), janitorial and other cleaning services (526,000) and landscaping (454,000), according to data from the University of Minnesota’s Integrated Public Use Microdata Series compilation of federal Current Population Survey statistics analyzed by Stateline. Some trades have higher percentages.
“ICE raids would generally affect contractors or employers who exploit their workers,” commented Clint Drury, Executive Director of the West Central Building and Construction Trades Council. “These employers classify their workers as 1099 contractors or independent contractors, but at the same time treat them as employees, which is illegal in Illinois under the Illinois Misclassification of Workers Act.
“Enforcement is unfortunately lacking due to the small number of conciliators or investigators at the Illinois Department of Labor (IDOL),” he continued. “Organized labor is constantly advocating for increased staff at the IDOL.”
David Kelly, a lecturer in civil and environmental engineering at the University of Michigan, said, “The large difference [in cost] suggests workers and their employers in some regions are not paying for income taxes, overtime, Social Security or unemployment insurance. Since undocumented workers have limited employment options, they may be more willing than others to accept these conditions.”
Drury said, “Exploiting workers is everywhere, including downstate. There isn't a week that goes by that we aren't proactively or reactively trying to solve an issue of 1099 contractors on a project, which, let's be honest, are actual employees of the contractor. The Pere Marquette is one real-time example.”
Residential construction can use more immigrant labor because of looser state and local regulations and lower pay. And in some states with weaker unions and rules, like in the South, commercial construction also employs many immigrants who are here illegally.
Even if workers have legal work visas, many fear unlawful detention and deportation.
“It's harder to find construction labor, period,” said Tobin, of the NAHB. “So, this just adds to that, increasing cycle time, taking longer to complete a home. And then, when there's a lack of labor. Costs go up and that just increases the cost of the finished product.”
The consequences of either reducing the work force or letting undocumented immigrants continue to work at lower wages could adversely affect employers that play by the rules as far as bidding on jobs and the viability of staying in business.
“Our union contractors cannot compete with unethical contractors who circumvent paying unemployment insurance, workers compensation insurance, minimum wage and overtime, Social Security and relevant state and federal taxes on their employees,” Drury aid. “It isn't apples to apples. We see a lot of 1099 workers in roofing, drywall, painting, framing, landscaping and concrete.
“The trades have been longtime advocates for immigration reform and do not condone arrests or detainment without due process,” he added.
Among many questions in the “new normal” of work and labor under a cloud of detention and deportation is whether employers who have undocumented immigrants will be fined for hiring them as roofers and farm workers, at restaurants and meat-packing plants, at hotels and so many other places.