Disapproving of the rule submitted by the Department of Homeland Security relating to "Modernizing H-2 Program Requirements, Oversight, and Worker Protections".
- Bill Number
- H.J.Res. 21
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-01-16: Referred to the House Committee on the Judiciary.
- Last Updated
- 2025-01-23T02:57:56Z
AI-Generated Summary
Purpose
This joint resolution (H.J. Res. 21) aims to block a new federal rule issued by the Department of Homeland Security (DHS). The rule, titled "Modernizing H-2 Program Requirements, Oversight, and Worker Protections," seeks to update regulations for the H-2 visa program, which allows temporary foreign workers to enter the U.S. for specific jobs in agriculture (H-2A visas) or other non-agricultural roles (H-2B visas). By disapproving the rule, Congress intends to prevent these updates from taking effect, maintaining the current system without the proposed changes.
Key Provisions
- Disapproval of the Rule: The resolution explicitly states that Congress disapproves the DHS rule published in the Federal Register (89 Fed. Reg. 103202).
- Nullification: The rule is declared to have "no force or effect," meaning it cannot be implemented or enforced.
- Congressional Action: Passed under the Congressional Review Act (CRA), a law that allows Congress to review and overturn recent agency rules with a simple majority vote and presidential signature (or veto override).
Significant Changes to Existing Law
- This resolution does not create new laws but uses the CRA to override an executive branch rule, effectively reverting to the pre-existing H-2 visa regulations from before the rule's publication.
- It halts planned enhancements to worker protections, such as improved oversight of employers, better enforcement against abuse, and streamlined processes for recruiting foreign workers, which were outlined in the DHS rule.
Potential Impacts
- On Government Agencies: DHS would be unable to enforce the new rule, potentially requiring it to continue using older, less updated procedures for visa processing and oversight, which could strain resources if abuses persist without stronger tools.
- On Citizens and Employers: U.S. employers relying on H-2 workers (e.g., farmers or seasonal businesses) may face unchanged rules, avoiding new compliance burdens but also missing out on modernized recruitment or anti-exploitation measures. This could maintain status quo hiring practices but risk ongoing worker mistreatment issues.
- On Foreign Workers: Temporary visa holders under H-2 programs might not benefit from the rule's proposed stronger protections against wage theft, unsafe conditions, or recruitment fees, potentially leaving them more vulnerable.
- On International Relations: Minimal direct impact, though it could signal U.S. policy resistance to enhancing migrant worker rights, affecting diplomatic ties with countries sending H-2 workers (e.g., Mexico, Central America).
Main Stakeholders Affected
- Department of Homeland Security (DHS): Directly impacted as the rule's issuer; implementation is blocked.
- Employers in Agriculture and Seasonal Industries: Businesses using H-2 visas, such as farms or hospitality firms, who would avoid new regulatory requirements.
- H-2 Visa Workers: Foreign nationals in temporary roles, who lose potential safeguards against exploitation.
- U.S. Congress and Lawmakers: Sponsors (Reps. Arrington, Self, and Moore of West Virginia) and the Judiciary Committee, representing interests in limiting executive overreach on immigration.
- Labor Advocacy Groups: Organizations focused on worker rights may oppose the resolution, as it prevents stronger protections.
Notable Legal, Constitutional, or Political Implications
- Legal: Invokes the Congressional Review Act (part of the 1996 Small Business Regulatory Enforcement Fairness Act), which empowers Congress to check agency rulemaking without needing new legislation. If enacted, it legally voids the rule retroactively from its publication date.
- Constitutional: Reinforces the separation of powers by allowing the legislative branch to override executive actions, upholding Congress's role in immigration policy under Article I of the U.S. Constitution.
- Political: Introduced in the 119th Congress (2025–2026) by Republican representatives, it reflects partisan divides on immigration and labor regulations. Passage would require bipartisan support or a Republican majority, potentially escalating debates over executive authority during a new administration. It could set a precedent for using the CRA against Biden-era rules if a change in presidential control occurs.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Arrington, Jodey C. [R-TX-19]
Cosponsors (2)
Rep. Self, Keith [R-TX-3], Rep. Moore, Riley [R-WV-2]
Recent Actions
- 2025-01-16: Referred to the House Committee on the Judiciary.
- 2025-01-16: Introduced in House
- 2025-01-16: Introduced in House
Bill Versions
- Disapproving of the rule submitted by the Department of Homeland Security relating to "Modernizing H–2 Program Requirements, Oversight, and Worker Protections". — issued 2025-01-16 — PDF (1 pages)