News
January 9, 2026

Texas Lawmaker Pushes Legal Status for Construction Workers

Construction Owners Editorial Team

A South Texas congresswoman is calling for new pathways to allow migrant workers to legally work in the construction industry, as builders across the region say heightened immigration enforcement is worsening labor shortages and slowing projects.

Courtesy: Photo by chandler denise on Unsplash

U.S. Rep. Monica De La Cruz, a Republican from Edinburg, said she plans to meet with the U.S. Department of Labor to explore options that would provide legal status for migrant construction workers. Her comments follow concerns raised by South Texas builders who say Immigration and Customs Enforcement arrests at construction sites are disrupting operations and threatening economic growth.

De La Cruz suggested that the federal government consider creating a construction-specific visa program, modeled after the H-2A visa system that allows foreign nationals to work legally in agriculture.

We’d like to see where the construction industry would fit,” De La Cruz said.

The announcement comes amid a broader immigration crackdown following President Donald Trump’s reelection, after campaigning on promises to intensify deportations. Over the past year, ICE officers have arrested more than 9,100 people in South Texas alone, according to federal data.

Despite pressure from her own party, De La Cruz said she intends to advocate for her district’s economic needs—even when that means challenging the administration’s approach.

They elected me to represent them in Washington, D.C., and to be their voice, even when it pushes against the Trump administration,” De La Cruz said. “At the end of the day, I want to represent South Texas, and I want to represent our community and make sure that we continue to be prosperous.

Her position reflects a growing debate among Republicans over how to balance stricter immigration enforcement with workforce demands in key industries. While party leaders have long argued that tougher enforcement would open jobs for U.S. workers, some lawmakers are now seeking compromise solutions as labor shortages persist.

In September, U.S. Rep. Lloyd Smucker, a Republican from Pennsylvania, reintroduced the Essential Workers for Economic Advancement Act, which would establish a new visa category for nonagricultural workers. De La Cruz’s support for a construction-focused visa followed a closed-door meeting Monday with the South Texas Builders Association, where members described mounting challenges tied to immigration raids.

According to Mario Guerrero, executive director of the association, builders also raised questions about their legal rights when ICE officers arrive at job sites.

Courtesy: Photo by Anamul Rezwan on Pexels

We’re trying to figure out what rules apply with all these raids that are happening, if there’s any that do apply, because we’re not really being informed if people need to show warrants or not,” Guerrero said. “She’s willing to figure that out and get us that answer.

Fear of enforcement actions has discouraged workers from showing up across multiple sectors, including construction and restaurants. The issue gained renewed attention in November when Guerrero convened a large gathering of regional industry leaders, drawing more than 300 attendees from construction, real estate, banking, lumber and local government.

Business owners described stalled projects, workforce disruptions and financial losses stemming from ICE arrests.

Since that meeting, the builders association has held discussions with congressional leaders, including De La Cruz and U.S. Rep. Henry Cuellar, a Democrat from Laredo who co-sponsored Smucker’s legislation.

We’re trying to do the right thing,” Guerrero said. “If we need to keep having these meetings in order for us to keep moving in the right direction, that’s what we’re trying to do.

This is not the first time De La Cruz has proposed changes to immigration policy. In 2025, she introduced the Bracero 2.0 bill, aimed at easing labor shortages in agriculture by reforming the H-2A program. The proposal sought to streamline applications, allow workers to change employers within a state, expand contract lengths, and adjust wage requirements.

While the legislation did not advance to a vote, the Department of Homeland Security later adopted a rule in October to simplify the H-2A application process.

As immigration enforcement continues to affect labor-intensive industries, De La Cruz’s push highlights a growing recognition in Congress that workforce needs—particularly in construction—may require new legal pathways to sustain economic growth in border regions and beyond.

Originally reported by Associated Press in NBC DFW.

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