SENATOR COLLINS ACTS TO PROTECT JOBS FOR MAINE MANUFACTURED HOME WORKERS

Washington, DC – Senator Susan Collins has asked the Commissioner of U.S. Customs and Border Protection (CBP) to investigate reports that she has received from manufactured homebuilders in Maine, that Canadian workers are performing illegal construction work in the U.S. Affected Maine workers have expressed concern to Senator Collins that some Canadian workers who are permitted to transport and deliver manufactured homes into the U.S. are then also "setting," or assembling, the manufactured homes at the delivery site.

"If this is, in fact, the case, these activities not only violate our immigration laws, but also place these workers in direct competition with U.S. workers, and place American firms at a competitive disadvantage," wrote Senator Collins. "Allowing transportation workers to enter the U.S. to engage in building or construction displaces available, qualified Maine workers. In addition, in light of the market share currently held by Canadian manufacturers of modular homes, it may also provide a disincentive for Maine manufacturers to expand their workforces."

The North American Free Trade Agreement permits Canadian transportation operators to enter the U.S. with a B-1 visa, in order to transport and deliver international cargo, such as manufactured homes. However, immigration regulations prohibit foreign workers from entering the U.S. to perform building or construction work under a B-1 visa. Field guidance issued by the former Immigration and Naturalization Service further provides that international delivery drivers may perform only activities that are "necessary incidents" of international commerce, or a necessary function of delivery, such as unloading and "securing" the cargo at its intended destination, but "may not be involved in building, construction, or other activities."

"These activities appear to go well beyond the necessary incidents of the delivery," Senator Collins pointed out. "In addition, I am told that additional company vehicles, which serve as escorts to meet state laws for the transport of oversized loads, often carry personnel that not only act as escorts, but also engage in building and construction activities inconsistent with the workers' B-1 status."

Senator Collins today wrote a letter to Commissioner Robert Bonner asking that he review these concerns. She also discussed this issue with him in person, during a meeting last month in Senator Collins' office on Capitol Hill. Senator Collins is the Chairman of the Senate Homeland Security and Governmental Affairs Committee, which has jurisdiction over CBP as an agency under the Department of Homeland Security.

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