DHS “Modernizes” H-2 Visas While US Judge Shoots Down DACA Regulation

Immigration continues to be a major talking point in the United States, and the subject is proving to be incredibly divisive. With such divisiveness, it should come as no surprise that the various branches of governments often disagree on the most appropriate policies. While an agency like the Department of Homeland Security is working to modernize H-2 visas, the courts are making key rulings on DACA regulations. These are all important points to consider for prospective immigrants.

DHS Proposes New Rules to Modernize H-2 Temporary Visas 

On September 18th of 2023, Homeland Security announced a plan to modernize both H-2A and H-2B temporary visas. These are also known as temporary worker visas (both agricultural and non-agricultural, respectively). The key goal here is to offer increased protections to temporary workers who may be vulnerable to exploitative employers. The new rules make it even more clear that collecting prohibited fees from workers is against the law. This, the DHS argues, will protect workers from getting into alarming levels of debt.

Additional proposed rules include extended grace periods for those entering the United States as they seek new employment. Workers would also enjoy longer grace periods as they prepare to leave the United States or seek to change their immigration status. In addition, the DHS is suggesting that we reward employers by making it easier to hire temporary workers. This is part of a larger trend, as the Biden administration has been expanding access to the temporary visa program since its election.

US Judge Shoots Down Proposed “Dreamer” Regulation 

On September 13th, it was reported that a US judge had ruled against a new DACA program proposed by the Biden administration. Under this new regulation, work permits would have been granted to immigrants who were brought to the United States illegally as children. The common term for these individuals is “dreamers.” The Texas judge, who was initially appointed by the Republican party, reiterated an earlier ruling in 2021 that found DACA to be unlawful. Although Homeland Security can renew the status of people enrolled in DACA prior to this ruling in 2021, the program cannot be expanded. In other words, this is a major setback for both dreamers and the Biden administration.

In response, the administration issued the following statement:

“As we have long maintained, we disagree with the District Court’s conclusion that DACA is unlawful, and will continue to defend this critical policy from legal challenges. While we do so, consistent with the court’s order, DHS will continue to process renewals for current DACA recipients and DHS may continue to accept DACA applications.”

Where Can I Find a Qualified, Experienced Immigration Attorney in Palm Beach County? 

If you’ve been searching for a qualified, experienced immigration attorney in Palm Beach County, look no further than the Devore Law Group. With so many new developments occurring on an almost weekly basis in the world of US immigration, it makes sense to work with an attorney who stays up-to-date on these changes. During a consultation, you can discuss the most appropriate immigration strategy based not only on current US policies, but also your unique circumstances.

Sources: 

dhs.gov/news/2023/09/18/dhs-issues-proposed-rule-modernize-h-2-temporary-visa-programs-and-strengthen

reuters.com/world/us/us-judge-rules-against-biden-daca-regulation-dreamer-immigrants-2023-09-13/