On September 16, 2026, NAHB filed an amicus brief in the Fifth Circuit immigration case Sosnova Rodriquez v. Ortega, arguing that everyone in the United States deserves fair and consistent due process. NAHB said indefinite detention without the opportunity to seek bond separates people from their families, communities and workplaces. Oral arguments were held September 24, and a decision could come in the coming weeks or months.
The government’s new mandatory detention policy also has significant consequences for employers, workers and consumers. NAHB’s brief states that the policy has removed workers from the labor force, forced project cancellations, reduced revenue, eliminated jobs for U.S.-born workers and sharply decreased the number of homes available for sale.
On Capitol Hill, NAHB is urging Congress to pass the DIGNITY Act (H.R. 4393), which would strengthen border security and create an earned path to permanent work authorization for certain undocumented workers who meet clear, rigorous requirements.