Federal Judge Strikes Down Biden Parole in Place Program
In a significant legal setback, a Texas federal judge ruled against the Biden administration’s “parole in place” program, which allowed undocumented immigrants married to U.S. citizens to remain in the country, work, and seek citizenship. Judge J. Campbell Barker's 74-page ruling sided with 16 Republican-led states, stating that the program exceeded the powers granted to the executive branch by Congress. This decision follows a lawsuit led by Texas Attorney General Ken Paxton, emphasizing ongoing tension in immigration policy battles.
The PERM Takeaway: This ruling highlights the precarious nature of immigration programs that benefit employers relying on foreign labor to fill workforce gaps. Companies should stay proactive, monitoring changes closely and exploring alternative immigration pathways to avoid disruptions.
Belize Added to Seasonal Work Visa Program After Ban
The Department of Homeland Security announced that Belize will return to the list of eligible countries for H-2A and H-2B seasonal work visas starting November 8. Removed in 2018 due to anti-trafficking compliance issues, Belize’s reinstatement reflects progress in meeting U.S. standards. Belize joins a cohort of 87 countries eligible for agricultural work (H-2A) and 88 for non-agricultural work (H-2B), widening the labor pool for employers needing seasonal labor.
The PERM Takeaway: The inclusion of Belize in the H-2A and H-2B programs offers new options for employers managing seasonal labor needs. This can enhance recruitment strategies for industries dependent on foreign workers, providing a broader, compliant workforce.
What Trump’s Win Could Mean for Businesses
With Donald Trump reclaiming the presidency, businesses hiring foreign talent face uncertainty. A Boundless report warns of potential changes, including stricter visa caps and increased compliance measures that could limit access to international workers and raise operational costs. Companies are advised to prepare for potential policy shifts by diversifying their visa strategies, investing in remote work options, and strengthening internal talent pipelines.
The PERM Takeaway: Trump’s return may signal a shift toward more restrictive immigration policies. Employers should assess their workforce plans, considering alternative solutions like remote teams and internal training to mitigate the impact of potential visa limitations.
Texas Hospitals Now Required to Track Costs for Treating Undocumented Patients
Texas Governor Greg Abbott’s new directive mandates that hospitals track the costs of treating undocumented patients and gather information on patients' legal status. This rule, similar to a policy in Florida, aims to report the financial burden on the state but has raised concerns about discouraging people from seeking medical attention. Hospitals will report anonymous data on citizenship status and treatment costs to the state starting in March.
The PERM Takeaway: While this new requirement doesn’t directly affect employer-sponsored immigration, it underscores a broader trend of heightened scrutiny on undocumented individuals. Employers should be aware of evolving local and state-level policies, as these could influence the overall landscape of immigrant healthcare access and worker stability.
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