Jan 25, 2021

Biden administration nixes H-2A regulation reforms

Immigration reform legislation that President Joe Biden introduced on his first day in office seeks to legalize millions of undocumented workers.

At the same time he proposed immigration reform, Biden withdrew the Trump administration’s just published final rule on reforms to the H-2A program. Those reforms, aiming to modernize and simplify H-2A regulations, were largely supported by agricultural employer groups.

“The final H-2A rule was withdrawn yesterday,” Michael Marsh, president and CEO of the National Council of Agricultural Employers (NCAE), said Jan. 21.  “We’ll have to wait and see what the Biden administration does with it.”

Marsh had earlier indicated the NCAE is “committed to working with President Biden’s administration to strengthen our national security by enhancing America’s food security while promoting the welfare of our workers and the sustainability of our nation’s farmers and ranchers.”

On Jan. 21, Biden also issued an executive order promising “swift action” to reduce the risk that workers may contract COVID-19 in the workplace.

“That will require issuing science-based guidance to help keep workers safe from COVID-19 exposure, including with respect to mask-wearing; partnering with state and local governments to better protect public employees; enforcing worker health and safety requirements; and pushing for additional resources to help employers protect employees,” Biden said in the executive order.