America First: DOJ and DOL Team Up to Protect Jobs
Tuesday, the Department of Justice released the following statement on protecting the American worker:
“The Department of Justice’s Civil Rights Division and the Department of Labor (DOL) expanded their collaboration to better protect U.S. workers from discrimination by employers that prefer to hire temporary visa workers over qualified U.S. workers,” they wrote.
“This partnership will enhance the Civil Rights Division’s efforts to stop companies from discriminating against U.S. workers and assist the Department of Labor’s Employment and Training Administration in identifying noncompliance with its foreign labor certification process,” said the Department of Justice.
AMERICAN WORKER FIRST
In 2017, the Civil Rights Division launched the Protecting U.S. Workers Initiative, which is aimed at targeting, investigating, and taking enforcement measures against companies that discriminate against U.S. workers in favor of foreign visa workers.
ENDING HUMAN TRAFFICKING AND HUMAN SMUGGLING
According to the Press Release, “The Civil Rights Division has also increased its collaboration with other federal agencies, including the Departments of State and Homeland Security, to combat discrimination and abuse by employers improperly using temporary visa workers.”
CIVIL RIGHTS FOR AMERICAN WORKERS
“Employers should hire workers based on their skills, experience, and authorization to work; not based on discriminatory preferences that violate the law,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “Our partnership with DOL, formalized today, significantly enhances the Civil Rights Division’s ability to identify employers that favor temporary visa holders over U.S. workers who can do the job.”
Rosemary Lahasky, Deputy Assistant Secretary for DOL’s Employment and Training Administration said, “This partnership will help ensure U.S. workers are prioritized to fill jobs.”
The Employment and Training Administration’s Office of Foreign Labor Certification (OFLC) has statutory and regulatory authority to certify employers seeking certain employment-based visas, including H-2A and H-2B visas. These visa programs require employers to first seek and hire available U.S. workers before hiring visa workers.
STANDING WITH THE AMERICAN WORKER
On April 18, 2017, President Trump signed the Buy American and Hire American Executive Order, which seeks to create higher wages and employment rates for U.S. workers and to protect economic interests enforcing and administering immigration laws. It also directs DHS, in coordination with other agencies, to advance policies to help ensure H-1B visas are awarded to the most-skilled or highest-paid beneficiaries.
FROM EXECUTIVE ORDER TO COMPLETION
“USCIS is working on a combination of rulemaking, policy memoranda, and operational changes to implement the Buy American and Hire American Executive Order. We are creating and carrying out these initiatives to protect the economic interests of U.S. workers and prevent fraud and abuse within the immigration system,” said the US Citizen and Immigration Service.
Departments of Justice and Labor Formalize New Partnership to Protect U.S. Workers From Discrimination and Combat Visa Abuse https://t.co/E1Uhl9lhPy
— Justice Department (@TheJusticeDept) July 31, 2018