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HJRES 21119th CongressIn Committee

Disapproving of the rule submitted by the Department of Homeland Security relating to "Modernizing H-2 Program Requirements, Oversight, and Worker Protections".

Introduced: Jan 16, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

H.J. Res. 21 is a joint resolution introduced in the House that would disapprove a Department of Homeland Security (DHS) rule titled “Modernizing H-2 Program Requirements, Oversight, and Worker Protections.” Under the Congressional Review Act framework, if Congress passes and the President signs this joint resolution, the DHS rule would have no force or effect. In short, the bill blocks DHS’s attempt to overhaul the H-2 visa programs (which cover temporary foreign workers, including H-2A agricultural workers and H-2B non-agricultural workers) and maintain the existing regulatory framework instead. The bill was introduced January 16, 2025, by Rep. Arrington, with Reps. Self and Moore of West Virginia, and was referred to the Judiciary Committee.

Key Points

  • 1The bill disapproves DHS’s rule titled “Modernizing H-2 Program Requirements, Oversight, and Worker Protections” (as published in the Federal Register at 89 Fed. Reg. 103202).
  • 2If enacted, the rule would have no force or effect; Congress would block DHS’s specified modernization changes.
  • 3The rule itself concerns updates to the H-2 program requirements, oversight mechanisms, and protections for workers under the H-2 visa program.
  • 4The legislative mechanism is a joint resolution of disapproval under the Congressional Review Act; passage by both houses and signature by the President (or a veto override) would be required for final enactment.
  • 5The bill’s status is introduced in the House and referred to the Judiciary Committee; it has not yet become law.

Impact Areas

Primary: Workers who participate in the H-2 programs (H-2A agricultural workers and H-2B non-agricultural workers), and their employers who rely on temporary foreign labor; DHS and allied regulatory/enforcement bodies.Secondary: Labor rights and worker protections communities, industry groups tied to sectors that hire H-2 workers (agriculture, hospitality, construction, etc.), and entities involved in immigration and labor regulation.Additional impacts:- Regulatory certainty and business planning for employers who rely on H-2 workers (potentially preserving the current regime rather than implementing modernization changes).- Debates over worker protections, oversight intensity, and program integrity in temporary foreign labor programs.- Possible administrative and legal implications if the rule were blocked, including the need for DHS to continue operating under the preexisting framework or pursue alternative reform efforts.
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