2024 Immigration Developments & Their Impact on Employment

By Marylou Fabbo - Skoler Abbott P.C.

June 13, 2024

It may come as no surprise that over the past couple of years there have been much higher rates of immigration than had previously been projected.  In 2019, the Congressional Budget Office (CBO), which is tasked with providing independent nonpartisan analysis of economic and budgetary issues to support the Congressional budget process, estimated that net immigration in 2023 would total one million people.  However, the CBO recently estimated that net immigration in 2023 was actually closer to 3.3 million.  That net increase in immigrants can significantly affect the labor market by altering the supply of available workers.  While some employers believe that immigration allows them to meet workforce demands and prompts economic growth, others feel that immigrants displace American workers, lower wages, and bring with them bad habits and ideas that weaken economic growth. Whatever side of the fence you stand on, it is undisputed that immigration laws and policies often shape employment dynamics.

Refugees, Asylum Seekers, and Asylees

We often hear the terms “refugee,” “asylum seeker,” and “asylees,” but it may not be clear what those words mean in the immigration context.  All three of the categories describe individuals who have left their countries and come to the US.

“Refugees” are people who have fled their countries to escape conflict, violence, or persecution and have sought safety in another country.  A refugee applies for protection while overseas and enters the US as a refugee.  “Asylum seekers” are those who have come to the US seeking protection because they have suffered persecution or fear that they will suffer persecution due to race, religion, nationality, membership in a particular social group or political opinion.  An asylum seeker seeks protection from persecution and serious human rights violations in another country, has not yet been legally recognized as a refugee, and is awaiting a decision on their asylum claim.  Asylum seekers must be in the US or at a port of entry (an airport or an official land crossing) to request the opportunity to apply for asylum.  Asylum seekers can seek employment authorization to work in the US 180 days after submitting an asylum application and while that application is pending (unless certain conditions are not met).  An “asylee” is one whose has been granted asylee status.

While every refugee is initially an asylum seeker, not every asylum seeker will ultimately be recognized as a refugee.  The right for an asylum seeker to be recognized as a refugee is determined by US law.  Refugees and asylees are employment eligible.

Policy Changes at the Southern Border

The right to asylum is outlined in US immigration law, the Refugee Act of 1980, and the Universal Declaration of Human Right.  On June 4, 2024, the Biden-Harris Administration issued an Executive Order to suspend most asylum claims at the the US-Mexico border.  The order will allow the President to partially suspend asylum requests at the U.S.-Mexico border when daily unauthorized crossings reach a threshold of 2,500 people.  The Order restricts asylum eligibility for those who illegally enter the US across the southern border – including the Southwest land and the southern coastal borders. The rule also limits credible fear interviews (CFI) to those who manifest a fear or express a desire to file for protection, and it heightens the screening standard for statutory withholding and claims under the Convention Against Torture.  Taken together, these measures are intended to significantly increase the speed and scope of consequences for those who cross the US borders illegally or who attempt to present themselves at ports of entry without authorization.  Those ordered removed will be subject to at least a five-year bar to re-entry and potential criminal prosecution.  The Order will go away when daily encounters are less than 1,500 people between ports of entry.  More information about the Order can be found here.  The employment impact of the temporary border entry limitations is likely to have the biggest immediate impact on border states, with some applauding the President’s efforts and others disappointed in the fewer available employees, many of whom were undocumented.

Steps Employers Should Take Now

Whether you are for or against liberal immigration laws, one thing is clear:  the immigration landscape has been changing in recent years, with increased focus on immigration trends and policies, and further change is expected that will impact both employees and employers.  It likely goes without saying that employers must stay informed on legal developments at both the state and federal levels.  Proper completion of the Form I-9, including reviewing appropriate documentation, visa status and work permits is critical to avoiding monetary citations.  (If you haven’t done so lately, you should consider auditing your Forms I-9.)  Ensure, through training, policies or otherwise, that your employees understand your policies on diversity in the workplace and do not tolerate national origin, ancestry or other harassment of employees. Be careful that your recruitment, onboarding and retention processes so that you do not unintentionally engage I discriminatory practices.  If you are short-staffed and need to expand your candidate pool, consider tapping into the global workforce living in the US by focusing efforts on areas with high immigrant populations and offering remote work options.  And, perhaps most importantly, be transparent with your employees about your hiring efforts.

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