Federal judge upholds Trump ban on temporary foreign worker inflow ban

A federal judge just rejected a lawsuit brought by American companies against the Trump administration that sought to dispute President Trump’s temporary ban on foreign workers entering the US through several visa programs. 

The ban bars American companies from outsourcing jobs to foreign workers that will work longer hours for lower amounts of compensation.

Judge blocks lawsuit

The lawsuit, filed on behalf of 169 Indian contract workers and their wives, demanded a “rational justification” and a “rational investigation” into Trump’s order.

The judge rejected the lawsuit’s claims, pointing out that the demand “far exceeds” what the [Supreme] Court in Trump v. Hawaii required for a valid presidential “finding.”

The judge dismissed the lawsuit’s argument, saying that the argument that H-1B and H-2B visa applicants work in sectors where “unemployment is low, rather than in the high-unemployment areas that the entry suspension is supposedly meant to target” was “ultimately unpersuasive.”

“Finally, they maintain that the exclusion of immigrant and nonimmigrant labor actually is counterproductive to the President’s stated goal of improving the economic prospects of American workers,” The court decision reads. “They cite declarations from experts, economic studies, and even statements from federal agencies to make the point that the entry of aliens in fact creates jobs for American workers, and the idea that new arrivals take jobs from Americans is a fallacy. None of these arguments is ultimately persuasive.”

Breitbart reported that the judge’s decision was a “big labor rights win” because it establishes that President Trump can “use his authority under section 212(f) of federal law to block the inflow of foreign workers if they have a damaging impact on Americans’ economic circumstances.”

Protecting American workers

Trump initially ordered the suspension of the inflow of foreign workers via the H-1B, J-1, H-2B, and L-1 visa programs in June, particularly enraging Fortune 500 companies that rely on cheap foreign labor to fill jobs that would otherwise go to American college graduates.

Immigration expert Neil Munro pointed out in August that the J-1 Visa suspension will create “jobs for American youths on the nation’s ski slopes” because “companies prefer to hire the gov’t-supplied compliant blocs of foreign workers over independent US workers — and US journos have to pretend they don’t notice.”

Many outdoor recreation companies rely on foreign workers from South America supplied through the J-1 visa program to staff their companies, pushing out American workers seeking jobs in the industry.

Large tech companies rely on H-1B visas to bring foreign workers from India for training before exporting the jobs back overseas. According to Breitbart, Fortune 500 companies and their subcontractors keep roughly “600,000 H-1B workers in the jobs needed by American graduates,” explaining that “CEOs prefer them to Americans because they cannot complain, argue, quit, or switch jobs.”

The economic and unemployment crisis sparked by COVID-19 lockdowns prompted Trump to take action to curb major foreign labor pipelines as part of his “America First” doctrine.

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