- President Donald Trump signed an executive order Monday suspending multiple visa programs that allow foreign workers to enter the country.
- Notably, those suspensions will affect high-skilled tech workers, many healthcare professionals, students on work-study, and international business workers.
- Some of those visas exist as lottery systems, but the Trump administration wants to restructure them so that only the highest-paid applicants receive visas.
- Additionally, the Trump administration is also moving to prevent asylum seekers who illegally cross the border from receiving work authorization in the United States.
Trump Suspends Multiple Work Visas
President Donald Trump signed an executive order Monday that extends a halt on the issuing of green cards and now suspends several visa programs until the end of the year.
It’s a move that officials said could keep as many as 525,000 workers out of the country for the rest of the year.
In April, Trump signed an order suspending the issuance of green cards to most foreigners for 60 days. At the time, he said the order was a response to the “invisible enemy” (COVID-19) and “the need to protect the jobs of our GREAT American Citizens.”
Trump stopped short of any broader immigration ban, but with this green card suspension having been set to expire on Monday, Trump sought to change that.
When suspending those visa programs Monday, Trump reiterated his original arguments, saying that these suspensions will ensure Americans are first in line for scarce jobs.
“Under the extraordinary circumstances of the economic contraction resulting from the Covid-19 outbreak, certain nonimmigrant visa programs authorizing such employment pose an unusual threat to the employment of American workers,” Trump said of the coronavirus in the order.
Who Will These Suspensions Affect?
Most notably, visa program H-1B was suspended in the executive order. That program includes a variety of skilled worker positions such as computer programmers for big tech companies.
Another visa program that is now suspended is known as H-2B. That suspension will affect seasonal workers like those in the hospitality industry; however, it won’t affect farm workers or workers in the food processing industry.
While some medical workers can also get an exemption for H-2B, that’s going to be a narrow window only allowed if they’re specifically conducting coronavirus research.
Additionally, J-1 short-term exchange visas are being suspended. Those include university students on work-study summer programs as well as au pairs who provide childcare. Professors and other scholars are not included in the order, and there will be a provision to request some exemptions.
Still, some critics have noted that even if a person is eligible to potentially apply for an exemption, there’s no assurance they’ll be approved for one.
The order also blocks L visas, which include managers and other key employees of multinational corporations. For example, American companies with global operations or international companies with U.S. branches will be unable to transfer foreign executives into the U.S.
None of these suspensions will affect workers who have already received a green card for these programs—even if those workers aren’t currently within the country. That said, their spouses will still be barred from coming into the country if they also don’t currently have a green card.
Business Leaders Push Back
Since signing the bill, a number of business leaders have pushed back against Trump. In fact, they’ve been lobbying to keep these visa programs active since the Trump administration first floated the idea of them.
One of the reasons Trump hadn’t suspended these programs earlier was because he abandoned the idea in April when he signed his original suspension after fierce backlash from business groups.
Many businesses have argued these suspensions block the United States’ ability to recruit critical workers from overseas, especially for jobs that have a lack of qualified American applicants.
“Very much disagree with this action,” Tesla CEO Elon Musk—an immigrant himself—said. “In my experience, these skillsets are net job creators. Visa reform makes sense, but this is too broad.”
Very much disagree with this action. In my experience, these skillsets are net job creators. Visa reform makes sense, but this is too broad.— Elon Musk (@elonmusk) June 23, 2020
Other Big Tech executives such as Apple CEO Tim Cook, Microsoft president Brad Smith, and Google CEO Sundar Pichai—also an immigrant—have also spoken out against the suspensions.
Others have argued that an outright suspension of these visas doesn’t mean they’ll suddenly be beneficial to American workers.
“Putting up a ‘not welcome’ sign for engineers, executives, IT experts, doctors, nurses and other workers won’t help our country, it will hold us back,” Thomas Donohue, the chief executive of the Chamber of Commerce, said after Trump signed the order. “Restrictive changes to our nation’s immigration system will push investment and economic activity abroad, slow growth and reduce job creation.”
Immigration advocates have also hit back, saying that the “Americans first” idea doesn’t really reflect the reality of a dynamic and changing workforce.
Even Senator Lindsey Graham (R-SC), known to be a fierce defender of Trump’s policies, broke with the president in a lengthy Twitter thread.
“Legal immigration is a positive for the American economy, and visa programs allowing American companies to secure qualified, legal labor throughout the world have benefitted economic growth in the United States,” he said.
“Those who believe legal immigration, particularly work visas, are harmful to the American worker do not understand the American economy,” he added.
“Before coronavirus, legal immigration and programs like these played an important role in helping President Trump create the strongest economy in generations. I have little doubt that programs like these would help him build it again.”
“Unfortunately, I fear the President’s decision today to temporarily shut down these programs will create a drag on our economic recovery.”
At the same time, advocates for restricting immigration have applauded the president.
“The work visa suspensions will put the thumb on the labor market scale in favor of U.S. workers,” Jessica Vaughan, the policy director at the Center for Immigration Studies, said according to The New York Times.
“It’s really heartening to see the president stand up to the special interests that pull out the stops to lobby for these visa programs,” she added.
How Does Trump Want to Revise Immigration?
Reportedly, Trump doesn’t want to stop at suspending those visa programs. According to senior administration officials, he is working to make substantial, permanent changes to a wide array of immigration regulations.
Notably, that includes scrapping the current lottery system in which some visas are awarded and replacing it with more of a merit-based one. Part of the intent with that change is, according to officials, to prevent companies from contracting midlevel foreign workers, thus making accounting, programming, and other technology-based jobs more likely to go to U.S. citizens.
“This will drive both the wage level and the skill level of the H-1B applicants up,” a senior administration official said. “It will eliminate competition with Americans.”
Reportedly, the Department of Labor has also been instructed by Trump to set higher wages for H-1B holders and to probe potential abuses in the program. This is because foreign workers are typically paid lower wages.
Another major change that is set to be enacted by the administration will bar asylum seekers who illegally cross the border from receiving work authorization. That rule is set to take effect on August 25.
Under it, even if a person legally crossed the border as an asylum seeker, their wait time to be able to apply for a job would jump from 150 days to a year.
Biden Calls on Congress To Extend Eviction Moratorium
The move comes just two days before the federal ban is set to expire.
Eviction Freeze Set To Expire
President Joe Biden asked Congress on Thursday to extend the federal eviction moratorium for another month just two days before the ban was set to expire.
The request follows a Supreme Court decision last month, where the justices ruled the evictions freeze could stay in place until it expired on July 31. That decision was made after a group of landlords sued, arguing that the moratorium was illegal under the public health law the Centers for Disease Control and Prevention had relied on to implement it.
While the court did not provide reasons for its ruling, Justice Brett Kavanaugh issued a short concurring opinion explaining that although he thought the CDC “exceeded its existing statutory authority,” he voted not to end the program because it was already set to expire in a month.
In a statement Thursday, White House Press Secretary Jen Psaki cited the Supreme Court decision, as well as the recent surge in COVID cases, as reasons for the decision to call on Congress.
“Given the recent spread of the delta variant, including among those Americans both most likely to face evictions and lacking vaccinations, President Biden would have strongly supported a decision by the CDC to further extend this eviction moratorium to protect renters at this moment of heightened vulnerability,” she said.
“Unfortunately, the Supreme Court has made clear that this option is no longer available.”
Delays in Relief Distribution
The move comes as the administration has struggled to distribute the nearly $47 billion in rental relief funds approved as part of two coronavirus relief packages passed in December and March, respectively.
Nearly seven months after the first round of funding was approved, the Treasury Department has only allocated $3 billion of the reserves, and just 600,000 tenants have been helped under the program.
A total of 7.4 million households are behind on rent according to the most recent data from the Census Bureau. An estimated 3.6 million of those households could face eviction in the next two months if the moratorium expires.
The distribution problems largely stem from the fact that many states and cities tasked with allocating the fund had no infrastructure to do so, causing the aid to be held up by delays, confusion, and red tape.
Some states opened portals that were immediately overwhelmed, prompting them to close off applications, while others have faced technical glitches.
According to The Washington Post, just 36 out of more than 400 states, counties, and cities that reported data to the Treasury Department were able to spend even half of the money allotted them by the end of June. Another 49 — including New York — had not spent any funds at all.
Slim Chances in Congress
House Speaker Nancy Pelosi (D-Ca.) urged her colleagues to approve an extension for the freeze Thursday night, calling it “a moral imperative” and arguing that “families must not pay the price” for the slow distribution of aid.
However, Biden’s last-minute call for Congress to act before members leave for their August recess is all but ensured to fail.
While the House Rules Committee took up a measure Thursday night that would extend the moratorium until the end of this year, the only way it could pass in the Senate would be through a procedure called unanimous consent, which can be blocked by a single dissenting vote.
Some Senate Republicans have already rejected the idea.
“There’s no way I’m going to support this. It was a bad idea in the first place,” Senator Patrick Toomey (R-Pa.) told reporters. “Owners have the right to action. They need to have recourse for the nonpayment of rent.”
With the hands of the CDC tied and Congressional action seemingly impossible, the U.S. could be facing an unprecedented evictions crisis Saturday, even though millions of Americans who will now risk losing their homes should have already received rental assistance to avert this exact situation.
See what others are saying: (The Washington Post) (The New York Times) (The Associated Press)
Mississippi Asks Supreme Court To Overturn Roe v. Wade
The Supreme Court’s decision to consider Mississippi’s restrictive abortion ban already has sweeping implications for the precedents set under the landmark reproductive rights ruling, but now the state is asking the high court to go even further.
Mississippi’s Abortion Case
Mississippi filed a brief Thursday asking the U.S. Supreme Court to overturn Roe v. Wade when it hears the state’s 15-week abortion ban this fall.
After months of deliberation, the high court agreed in May to hear what will be the first abortion case the 6-to-3 conservative majority will decide.
Both a district judge and a panel of the U.S. Court of Appeals for the 5th Circuit had ruled that Mississippi could not enforce the 2018 law that banned nearly all abortions at 15 weeks with exceptions for only “severe fetal abnormality,” but not rape and incest.
If the Supreme Court upholds the Mississippi law, it would undo decades of precedent set under Roe in 1973 and upheld under Planned Parenthood v. Casey in 1992, where the court respectively ruled and reaffirmed that states could not ban abortion before the fetus is “viable” and can live outside the womb, which is generally around 24 to 28 weeks.
When the justices decided to hear the case, they said they would specifically examine the question of whether “all pre-viability prohibitions on elective abortions are unconstitutional.”
Depending on the scope of their decision on the Mississippi law, the court’s ruling could allow other states to pass much more restrictive abortion bans without the risk of lower courts striking down those laws.
As a result, legal experts have said the case will represent the most significant ruling on reproductive rights since Casey nearly three decades ago, and the Thursday brief raises the stakes even more.
When Mississippi asked the justices to take up its case last June, the state’s attorney general, Lynn Fitch (R), explicitly stated that the petition’s questions “do not require the Court to overturn Roe or Casey.”
But that was before the court’s conservatives solidified their supermajority with the appointment of Justice Amy Coney Barrett — who personally opposes abortion — following the death of liberal Justice Ruth Bader Ginsburg.
New Filing Takes Aim at Roe
With the new filing, it appears that Fitch views the high court’s altered makeup as an opportunity to undermine the constitutional framework that has been in place for the better part of the last century.
“The Constitution’s text says nothing about abortion,” Fitch wrote in the brief, arguing that American society has changed so much that the previous rulings need to be reheard.
“Today, adoption is accessible and on a wide scale women attain both professional success and a rich family life, contraceptives are more available and effective, and scientific advances show that an unborn child has taken on the human form and features months before viability,” she added, claiming the power should be left to state lawmakers.
“Roe and Casey shackle states to a view of the facts that is decades out of date,” she continued. “The national fever on abortion can break only when this Court returns abortion policy to the states.”
The Center for Reproductive Rights, which represents Mississippi’s sole abortion provider in the suit against the state’s law, painted Fitch’s effort as one that will have a chilling effect on abortion rights nationwide.
“Mississippi has stunningly asked the Supreme Court to overturn Roe and every other abortion rights decision in the last five decades,” Nancy Northup, the president and CEO of the group said in a statement Thursday. “Today’s brief reveals the extreme and regressive strategy, not just of this law, but of the avalanche of abortion bans and restrictions that are being passed across the country.”
The Supreme Court has not yet said exactly when during its fall term it will hear oral arguments on the Mississippi case, but a decision is expected to come down by next June or July, as is standard.
An anticipated ruling just months before the 2022 midterms will almost certainly position abortion as a top issue at the ballot box.
See what others are saying: (The New York Times) (The Washington Post) (Politico)
Republicans Boycott Jan. 6 Committee After Pelosi Rejects Two of McCarthy’s Picks
The House Minority Leader said that unless House Speaker Pelosi reinstated the two members, Republicans will launch their own investigation into the insurrection.
Pelosi Vetoes Republicans
Republicans are boycotting the select committee to investigate the insurrection after House Speaker Nancy Pelosi (D-Ca.) rejected two of the five GOP members Minority Leader Kevin McCarthy (R-Ca.) picked to serve on the panel Wednesday.
In a statement, Pelosi cited the “statements and actions” of Rep. Jim Jordan (R-Oh.) and Jim Banks (R-In.), whose nominations she said she was opposing “with respect for the integrity of the investigation.”
Jordan and Banks — both staunch allies of former President Donald Trump — have helped propagate the previous leader’s false election claims, opposed efforts to investigate the insurrection, and voted not to certify the election for President Joe Biden.
A senior Democratic aide also specifically told The Washington Post that Democrats did not want Jordan on the panel because he reportedly helped Trump strategized how to overturn the election and due to the fact he spoke to the then-president on Jan. 6, meaning there is a possibility he could be called to testify before the very same committee.
The aide also said that Democrats opposed Banks’ selection because of a statement he issued after McCarthy chose him.
In the statement, the representative compared the insurrection to the racial justice protests last summer, implied that the rioters were just normal American’s expressing their political views, and claimed the committee was a political ploy “to justify the Left’s authoritarian agenda.”
Notably, Pelosi did say she would accept McCarthy’s three other nominees — including Rep. Troy Nehls (R-Wi.), who also voted against certifying Biden’s win.
McCarthy Threatens Separate Investigation
McCarthy, however, refused to select new members, and instead opted to remove all his appointees from the would-be bipartisan committee.
In a statement condemning the move, the minority leader said that Pelosi’s action “represents an egregious abuse of power.”
“Denying the voices of members who have served in the military and law enforcement, as well as leaders of standing committees, has made it undeniable that this panel has lost all legitimacy and credibility and shows the Speaker is more interested in playing politics than seeking the truth,” he said.
“Unless Speaker Pelosi reverses course and seats all five Republican nominees, Republicans will not be party to their sham process and will instead pursue our own investigation of the facts.”
Pelosi defended her decision during a press conference Thursday, where she said that Banks and Jordan were “ridiculous” choices for the panel.
“When statements are ridiculous and fall into the realm of, ‘You must be kidding,’ there’s no way that they’re going to be on the committee,” she added.