Migrant Workers Archives - Saving Seafood

Developing World Loses Billions in Money From Migrant Workers

July 6, 2020 — Migrant workers—from Polish farmhands working the fields of southern France to Filipino cruise-ship workers in the Caribbean—who lost their jobs because of the pandemic’s economic impact are running out of cash to send home, dealing a blow to the fragile economic health of the developing world.

Tens of millions of Indians, Filipinos, Mexicans and others from developing countries working overseas sent a record $554 billion back to their home countries last year. That’s an amount greater than all foreign direct investment in low- and middle-income countries and more than three times the development aid from foreign governments, according to the World Bank.

The drop-off in the payments, known as remittances, has affected life for millions around the globe who rely on the cash for food, fuel and medical care. Families from South Asia to Latin America can’t afford mortgage payments and tuition.

“There are households that critically depend on the remittance lifeline, and that lifeline has been ruptured,” said Dilip Ratha, lead economist on remittances at the World Bank, which estimates that the transfers to developing countries will decline by 20% this year.

Read the full story at The Wall Street Journal

White House Order On Immigration Includes Food Worker Exemption

June 22, 2020 — Today the White House issued a new executive order on immigration. Exempt from the order are seasonal workers who “provide temporary labor or services essential to the United States food supply chain.” The text of the order is included below:

The 2019 Novel Coronavirus (COVID-19) has significantly disrupted Americans’ livelihoods. Since March 2020, United States businesses and their workers have faced extensive disruptions while undertaking certain public health measures necessary to flatten the curve of COVID-19 and reduce the spread of SARS-CoV-2, the virus that causes COVID-19. The overall unemployment rate in the United States nearly quadrupled between February and May of 2020 — producing some of the most extreme unemployment ever recorded by the Bureau of Labor Statistics. While the May rate of 13.3 percent reflects a marked decline from April, millions of Americans remain out of work.

In Proclamation 10014 of April 22, 2020 (Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), I determined that, without intervention, the United States faces a potentially protracted economic recovery with persistently high unemployment if labor supply outpaces labor demand. Consequently, I suspended, for a period of 60 days, the entry of aliens as immigrants, subject to certain exceptions. As I noted, lawful permanent residents, once admitted pursuant to immigrant visas, are granted “open-market” employment authorization documents, allowing them immediate eligibility to compete for almost any job, in any sector of the economy. Given that 60 days is an insufficient time period for the United States labor market, still stalled with partial social distancing measures, to rebalance, and given the lack of sufficient alternative means to protect unemployed Americans from the threat of competition for scarce jobs from new lawful permanent residents, the considerations present in Proclamation 10014 remain.

In addition, pursuant to Proclamation 10014, the Secretary of Labor and the Secretary of Homeland Security reviewed nonimmigrant programs and found that the present admission of workers within several nonimmigrant visa categories also poses a risk of displacing and disadvantaging United States workers during the current recovery.

American workers compete against foreign nationals for jobs in every sector of our economy, including against millions of aliens who enter the United States to perform temporary work. Temporary workers are often accompanied by their spouses and children, many of whom also compete against American workers. Under ordinary circumstances, properly administered temporary worker programs can provide benefits to the economy. But 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.

For example, between February and April of 2020, more than 17 million United States jobs were lost in industries in which employers are seeking to fill worker positions tied to H-2B nonimmigrant visas. During this same period, more than 20 million United States workers lost their jobs in key industries where employers are currently requesting H-1B and L workers to fill positions. Also, the May unemployment rate for young Americans, who compete with certain J nonimmigrant visa applicants, has been particularly high — 29.9 percent for 16 19 year olds, and 23.2 percent for the 20-24 year old group. The entry of additional workers through the H-1B, H-2B, J, and L nonimmigrant visa programs, therefore, presents a significant threat to employment opportunities for Americans affected by the extraordinary economic disruptions caused by the COVID-19 outbreak.

As I described in Proclamation 10014, excess labor supply is particularly harmful to workers at the margin between employment and unemployment — those who are typically “last in” during an economic expansion and “first out” during an economic contraction. In recent years, these workers have been disproportionately represented by historically disadvantaged groups, including African Americans and other minorities, those without a college degree, and Americans with disabilities.

In the administration of our Nation’s immigration system, we must remain mindful of the impact of foreign workers on the United States labor market, particularly in the current extraordinary environment of high domestic unemployment and depressed demand for labor. Historically, when recovering from economic shocks that cause significant contractions in productivity, recoveries in employment lag behind improvements in economic activity. This predictive outcome demonstrates that, assuming the conclusion of the economic contraction, the Unites States economy will likely require several months to return to pre-contraction economic output, and additional months to restore stable labor demand. In light of the above, I have determined that the entry, through December 31, 2020, of certain aliens as immigrants and nonimmigrants would be detrimental to the interests of the United States.

NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(f) and 1185(a)) and section 301 of title 3, United States Code, hereby find that the entry into the United States of persons described in section 1 of Proclamation 10014, except as provided in section 2 of Proclamation 10014, and persons described in section 2 of this proclamation, except as provided for in section 3 of this proclamation, would be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following:

Section 1. Continuation of Proclamation 10014. (a) Section 4 of Proclamation 10014 is amended to read as follows:

“Sec. 4. Termination. This proclamation shall expire on December 31, 2020, and may be continued as necessary. Within 30 days of June 24, 2020, and every 60 days thereafter while this proclamation is in effect, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications as may be necessary.”

(b) This section shall be effective immediately.

Sec. 2. Suspension and Limitation on Entry. The entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas is hereby suspended and limited, subject to section 3 of this proclamation:

(a) an H-1B or H-2B visa, and any alien accompanying or following to join such alien;

(b) a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien; and

Sec. 3. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 2 of this proclamation shall apply only to any alien who:

(i) is outside the United States on the effective date of this proclamation;

(ii) does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and

(iii) does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

(b) The suspension and limitation on entry pursuant to section 2 of this proclamation shall not apply to:

(i) any lawful permanent resident of the United States;

(ii) any alien who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen;

(iii) any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and

(iv) any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

Sec. 4. Implementation and Enforcement. (a) The consular officer shall determine, in his or her discretion, whether a nonimmigrant has established his or her eligibility for an exception in section 3(b) of this proclamation. The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security and the Secretary of Labor, may establish in the Secretary of State’s discretion. The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of aliens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish in the Secretary of Homeland Security’s discretion.

(i) The Secretary of State, the Secretary of Labor, and the Secretary of Homeland Security shall establish standards to define categories of aliens covered by section 3(b)(iv) of this proclamation, including those that: are critical to the defense, law enforcement, diplomacy, or national security of the United States; are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized; are involved with the provision of medical research at United States facilities to help the United States combat COVID-19; or are necessary to facilitate the immediate and continued economic recovery of the United States. The Secretary of State and the Secretary of Homeland Security shall exercise the authority under section 3(b)(iv) of this proclamation and section 2(b)(iv) of Proclamation 10014 to exempt alien children who would as a result of the suspension in section 2 of this proclamation or the suspension in section 1 of Proclamation 10014 age out of eligibility for a visa.

(ii) Aliens covered by section 3(b)(iv) of this proclamation, under the standards established in section 4(a)(i) of this proclamation, shall be identified by the Secretary of State, the Secretary of Homeland Security, or their respective designees, in his or her sole discretion.

(b) An alien who circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry shall be a priority for removal by the Department of Homeland Security.

(c) Nothing in this proclamation shall be construed to limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws of the United States.

Sec. 5. Additional Measures. (a) The Secretary of Health and Human Services, through the Director of the Centers for Disease Control and Prevention, shall, as necessary, provide guidance to the Secretary of State and the Secretary of Homeland Security for implementing measures that could reduce the risk that aliens seeking admission or entry to the United States may introduce, transmit, or spread SARS-CoV-2 within the United States.

(b) The Secretary of Labor shall, in consultation with the Secretary of Homeland Security, as soon as practicable, and consistent with applicable law, consider promulgating regulations or take other appropriate action to ensure that the presence in the United States of aliens who have been admitted or otherwise provided a benefit, or who are seeking admission or a benefit, pursuant to an EB-2 or EB-3 immigrant visa or an H-1B nonimmigrant visa does not disadvantage United States workers in violation of section 212(a)(5)(A) or (n)(1) of the INA (8 U.S.C. 1182(a)(5)(A) or (n)(1)). The Secretary of Labor shall also undertake, as appropriate, investigations pursuant to section 212(n)(2)(G)(i) of the INA (8 U.S.C. 1182(n)(2)(G)(i)).

(i) take appropriate action, consistent with applicable law, in coordination with the Secretary of State, to provide that an alien should not be eligible to apply for a visa or for admission or entry into the United States or other benefit until such alien has been registered with biographical and biometric information, including but not limited to photographs, signatures, and fingerprints;

(ii) take appropriate and necessary steps, consistent with applicable law, to prevent certain aliens who have final orders of removal; who are inadmissible or deportable from the United States; or who have been arrested for, charged with, or convicted of a criminal offense in the United States, from obtaining eligibility to work in the United States; and

(iii) as soon as practicable, and consistent with applicable law, consider promulgating regulations or take other appropriate action regarding the efficient allocation of visas pursuant to section 214(g)(3) of the INA (8 U.S.C. 1184(g)(3)) and ensuring that the presence in the United States of H-1B nonimmigrants does not disadvantage United States workers.

Sec. 6. Termination. This proclamation shall expire on December 31, 2020, and may be continued as necessary. Within 30 days of the effective date of this proclamation and every 60 days thereafter while this proclamation is in effect, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications as may be necessary.

Sec. 7. Effective Date. Except as provided in section 1 of this proclamation, this proclamation is effective at 12:01 a.m. eastern daylight time on June 24, 2020.

Sec. 8. Severability. It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the interests of the United States. Accordingly:

(a) if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of its provisions to any other persons or circumstances shall not be affected thereby; and

(b) if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid because of the lack of certain procedural requirements, the relevant executive branch officials shall implement those procedural requirements to conform with existing law and with any applicable court orders.

Sec. 9. General Provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Department of Homeland Security Offers Flexibilities to Increase Food Security, Stabilize U.S. Supply Chain During COVID-19

May 13, 2020 — The following was released by the Department of Homeland Security:

The Department of Homeland Security (DHS) has announced a temporary final rule to change certain H-2B requirements to help support the U.S. food supply chain, maintain essential infrastructure operations and reduce the impact from the coronavirus (COVID-19) public health emergency.

These temporary measures apply solely to aliens already present in the United States with a valid H-2B nonimmigrant status, and the temporary final rule does not increase H-2B visas above the congressionally mandated 66,000 visa cap through the remainder of fiscal year (FY) 2020.

“These necessary flexibilities will safeguard a critical U.S. infrastructure sector; reinforce security of the nation’s food supply chain; and encourage key American businesses to maintain essential operations currently threatened by the COVID-19 public health emergency,” said USCIS Deputy Director for Policy, Joseph Edlow. “Importantly, these measures protect U.S. workers by not adding supplemental H-2B visas during the national emergency.”

Under this temporary final rule, a petitioner will have additional flexibilities for employing workers essential to the U.S. food supply chain. To take advantage of this time-limited change in regulatory requirements, the H-2B worker must already be in the United States and in valid H2B status.

As part of the TLC process, the petitioning employer must have demonstrated to the satisfaction of the Secretary of Labor that there is not a sufficient supply of qualified U.S. workers who will be available at the time and place needed to perform the labor or services involved in the petition. The employment of the alien(s) in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed.

There are two flexibilities in the temporary final rule. First, the rule allows an H-2B employer to employ an H-2B nonimmigrant physically present in the United States while the employer’s H-2B petition on behalf of that nonimmigrant is still pending before USCIS. The rule only provides this flexibility if the employer attests that the worker will perform temporary services or labor that is essential to the U.S. food supply chain. The temporary employment authorization will last for up to 60 days. Second, the rule allows H-2B workers essential to the U.S. food supply chain to stay beyond the three-year maximum allowable period of stay in the United States. This flexibility applies to petitions filed by the H-2B nonimmigrant’s current employer, as well as petitions filed by a potential new employer. The rule only provides this flexibility if the employer attests that the worker will perform temporary services or labor that is essential to the U.S. food supply chain. It is not acceptable for employers to hire illegal aliens.

A petitioner seeking the flexibilities under this temporary final rule will be required to submit an attestation, swearing under penalty of perjury, that the H-2B worker(s) will be performing temporary nonagricultural services or labor or that is essential to the U.S. food supply chain.

The temporary final rule is effective immediately upon publication in the Federal Register.

DHS previously announced similar protections for American agricultural employers in order to secure the nation’s food supply chain. The H-2B nonimmigrant classification applies to alien workers seeking to perform nonagricultural services or labor of a temporary nature in the United States, usually lasting no longer than one year, for which able, willing and qualified U.S. workers are not available.

Crab pickers. Landscapers. Seasonal migrant workers who come to the US could be extremely vulnerable to coronavirus

April 9, 2020 — Thousands of people are recruited to Maryland each year to become the crab pickers, landscapers, caregivers and others whose work is essential for maintenance of the state’s seasonal economy.

While some H-2B visa holders will be out of work due to not being designated essential in the fight against COVID-19, others are part of essential supply chains that must continue to function. But at a time when the U.S. government is warning against all international travel, these frontline workers are risking their health and finances without the same protections Americans are afforded, migrant workers’ rights experts say.

“It’s an illness attacking everyone and anyone,” said Sulma Guzmán, policy director for Centro de los Derechos del Migrante Inc., a Maryland migrant rights advocacy organization. “To be a migrant worker that is leaving their home communities, their family, and coming to the U.S. to work, medical catastrophe would be very, very bad.”

About 450 visa-holding workers are needed by Maryland seafood processors this year, but employers have worried federal visa caps would keep them from getting enough workers. Those who still chose to come to the U.S. started their six-month work contracts April 1.

Read the full story at the Asbury Park Press

No changes to US H-2B plans, Canada puts restrictions on foreign national travel

March 24, 2020 — According to the U.S. Department of Homeland Security, there are no changes at this time to the current plan to add 35,000 visas to the country’s H-2B temporary worker program.

That announcement initially came prior to the coronavirus pandemic that’s shut down several sectors of the U.S. economy. Over the weekend, the U.S. enacted bilateral agreements with Canada and Mexico to shut down the borders for non-essential travel, which includes tourism and recreational travel, in an attempt to control the spread of COVID-19. After that move, it was initially in doubt as to whether the H-2B program expansion would continue as planned.

Read the full story at Seafood Source

Chesapeake crab industry remains crippled by visa shortage, coronavirus

March 20, 2020 — Responding to employers’ calls, including those of crab meat processing companies in Virginia and Maryland, the federal government announced March 5 that it would release an additional 35,000 temporary visas for foreign workers.

That still may not be enough to quench the Chesapeake Bay seafood houses’ demand for temporary workers, according to the trade group that represents the industry. And they may still arrive too late to help much or perhaps get stuck on the other side of the border, as the United States today closed its Mexican border for unessential travel because of coronavirus concerns.

Several seafood company owners and watermen had implored the Trump administration to issue 64,000 more visas, the cap set by Congress.

Jack Brooks, co-owner of J.M. Clayton Seafood Co. in Cambridge, MD, and president of the Chesapeake Bay Seafood Industries Association, said he expects a worker shortfall, despite the government’s action.

Read the full story at the Bay Journal

Suspension of visa processing for Mexican seasonal workers hits U.S. farms, fisheries

March 18, 2020 — American farmers are bracing for a shortage of seasonal workers following the State Department’s suspension of routine immigrant and nonimmigrant visa processing in Mexico, including for temporary migrant laborers, beginning Wednesday.

The delay in visa processing for farmworkers comes just as harvest season begins in Florida. Companies responsible for feeding the country are already expecting fewer available workers to manufacture, deliver and unpack groceries as the coronavirus pandemic intensifies.

The seafood industry, including fisheries and crab-picking in Maryland, whose hiring season starts in April, will also be affected by the U.S. government’s decision.

“One of the most important things we need to do is to make sure that our supply chains for food stay in place, and guest workers are a big part of what drives that engine,” said Sarah Frey, founder and chief executive of Frey Farms, which operates in Arkansas, Florida, Georgia, Illinois, Indiana, Missouri and West Virginia. “We have to figure out ways to keep going. Right now, feeding people is an essential service.”

Read the full story at The Washington Post