H.J.Res.21 - Disapproving of the rule submitted by the Department of Homeland Security relating to Modernizing H–2 Program Requirements, Oversight, and Worker Protections. (119th Congress)
Summary
H.J. Res. 21 is a joint resolution introduced in the House of Representatives aiming to disapprove a rule submitted by the Department of Homeland Security (DHS) concerning the modernization of H-2 program requirements, oversight, and worker protections. The resolution seeks to nullify the DHS rule, preventing it from taking effect. The rule in question is identified as 89 Fed. Reg. 103202.
Expected Effects
If passed, H.J. Res. 21 would prevent the implementation of the DHS rule modernizing the H-2 program. This would mean that the existing regulations and procedures for the H-2 program would remain in place, without the changes proposed by the DHS rule. The impact would primarily affect employers utilizing the H-2 visa program and the foreign workers employed under it.
Potential Benefits
- Maintains existing regulatory framework, providing stability for businesses already compliant.
- Potentially avoids unintended negative consequences of the new rule on specific industries.
- Allows for further review and refinement of proposed changes to the H-2 program.
- Could address concerns raised by stakeholders regarding the new rule's impact on labor costs or administrative burdens.
- May prevent disruptions to established labor practices in certain sectors.
Potential Disadvantages
- Foregoes potential improvements to worker protections and oversight within the H-2 program.
- Misses opportunities to modernize the program and address existing inefficiencies.
- May perpetuate existing issues related to wage standards, working conditions, and vulnerability of H-2 workers.
- Could hinder efforts to align the H-2 program with evolving labor market needs.
- May be perceived as prioritizing employer interests over the well-being of foreign workers.
Most Disadvantaged Areas:
Constitutional Alignment
The resolution's constitutional alignment stems from Article I, Section 1, which vests all legislative powers in Congress. This includes the power to review and disapprove rules issued by executive branch agencies like the Department of Homeland Security. The Congressional Review Act (CRA) provides a specific mechanism for Congress to disapprove agency rules, and H.J. Res. 21 appears to be utilizing this mechanism.
Furthermore, the resolution does not appear to infringe upon any specific constitutional rights or protections. The Constitution grants Congress the power to legislate on matters related to immigration and labor, and this resolution falls within that purview. The CRA itself has been subject to legal challenges, but the Supreme Court has generally upheld its constitutionality.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).