Attorney General Todd Blanche solidified a DOJ policy allowing employers to post job advertisements that exclude American workers. In August, Administrative Law Judge John A. Henderson dismissed a complaint in US Tech Workers v. Boston Consulting Group that accused H-1B recruiter “Chicago H-1B Connect” of illegal discrimination.
The Immigration and Nationality Act (INA) bars discrimination in hiring excluding US citizens, but does not specifically ban job advertisements for only noncitizens. In US Tech Workers v. Boston Consulting Group, plaintiffs alleged that job ads stating only foreign visa workers are wanted constituted discrimination, and the court ruling rejected this claim.
After this ruling was handed down, the DOJ had a 60-day window to review the ruling, which recently closed. Several House Republicans urged Attorney General Todd Blanche to take up the case for review and determine whether the ruling will become department policy. AG Blanche took no action before the deadline expired, and in so doing, enabled the ruling to become finalized as DOJ policy.
With the precedent set by this ruling, the DOJ will view enforcement of the INA’s nondiscrimination requirements as resting solely on hiring alone. In practice, this means that employers can now post job ads openly calling for only noncitizens to apply without fear of a discrimination lawsuit. Discriminatory job ads can still be used as evidence, but American workers will also need direct proof that the employer refused to hire them based on citizenship.
This policy will undoubtedly harm American workers and jobs. Anti-American employers who use cheap foreign labor now effectively get a free pass to violate the INA. H-1B-only job advertisements are obviously proof of discrimination. If an employer clearly stating that they will not hire American citizens is not proof of discrimination, what is?
Texans for Strong Borders fully opposes this decision by Blanche. The Trump administration has made great strides in combating H-1B fraud and protecting American workers, but this ruling severely undermines current progress. Foreign visas are overwhelmingly displacing American workers, and the DOJ should seize every opportunity to limit the damage caused while reassuring American citizens that the administration stands with them, not foreign nationals.
Empowering H-1B employers and hiring networks to flaunt their economic warfare against the American people does not help the administration or the DOJ. Texans for Strong Borders urges AG Blanche and the DOJ leadership to reverse course and step in at the next opportunity to challenge this precedent. Protecting American workers from foreign competition is a common-sense position of national interest.