Undocumented immigrants in the U.S. workforce

Illegal immigration has been a particularly divisive issue in recent years, and was an important driver of President Trump’s 2024 victory. A central debate regarding illegal immigration involves its impact on the American economy. Some feel that undocumented immigrants take jobs from American workers, while others posit that migrants have helped make up the gap in the U.S. labor force, boosting the overall economy. In this article, we will explore policies related to illegal immigrants in the workforce.

How many undocumented immigrants work in the U.S.?

Of the 47.8 million immigrants living in the United States, roughly 12 million are undocumented (24.7%). Around 89.4% of undocumented immigrants are of working age. The top industries in which these immigrants tend to work are agriculture (15.1%), construction (14.1%), and arts/entertainment/food services (7.6%). You can find more statistics related to immigrants in the U.S. workforce here.

In New Hampshire, an estimated 15% of immigrants lack legal status. That’s about 1% of the state’s general population.

Does illegal immigration help or harm the U.S. economy?

The net effect of illegal immigration on the U.S. labor market is among the most contentious debates in our nation. While we cannot answer this question conclusively, there are some arguments on both sides worth considering.

On one hand, some believe that undocumented immigrants depress wages and displace U.S.-born workers, especially those with lower levels of education. Some, in particular, have expressed concern that large numbers of undocumented workers in the United States hurt collective bargaining efforts.

On the other hand, some counter that immigration has helped ease the labor shortage, especially in the agricultural, construction, and hospitality sectors. Some also believe that many jobs filled by illegal immigrants are ones that U.S. citizens, generally, would not want to fill.

Immigration and labor law

The United States offers a variety of ways for temporary migrants to work here legally. The H-1B visa, for example, allows workers in specialty occupations to stay in the U.S. temporarily and requires at least a bachelor’s degree. It is often used by professionals in technology, science, and engineering fields. Temporary or seasonal agricultural workers can obtain H-2B visas, though employers are required to attest that their businesses will suffer irreparable harm if they don’t hire H-2B workers. Learn more about the various types of temporary worker visas here.

The E-Verify Program

The E-Verify program allows enrolled employers to confirm the eligibility of employees to work in the United States. Some U.S. states require employers to use the federal E-Verify system, including Alabama, Arizona, Florida, Georgia, Idaho, Indiana, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, and West Virginia. Learn more about the E-Verify program.

Some have raised concerns that requiring employers to use this program is burdensome on businesses, and that the system is not always accurate.

New Hampshire does not require employers to run prospective employees through E-Verify.

The impact of DACA

In 2012, the Obama administration issued a memorandum implementing the Consideration of Deferred Action for Childhood Arrivals (DACA). DACA allows certain people who came to the United States as children and who meet certain guidelines to request protection from deportation and work authorization for temporary periods. So-called “Dreamers” must renew their DACA status every two years. To be eligible, individuals generally must have entered the U.S. before turning 16, have been under 31 years old when DACA was established (June 15, 2012) and meet other guidelines. As of September 30, 2024, there were around 538,000 active DACA recipients in the U.S.

There have been ongoing legal battles over whether DACA should continue. As of January 17, 2025, a federal court ruled that people who already have DACA can continue to renew their status and work permits. The government will accept new (first-time) DACA applications, but won’t process them for now. Current DACA protections and work permits remain valid until they expire, unless the government decides to end them for an individual case.

To learn about the current state of DACA, visit the U.S. Citizenship and Immigration Services website.