TURFGRASS INDUSTRY NEWS


NALP Files Lawsuit with Allied Groups Against Biden's H-2 Worker Protection Rule Te following is from NALP’s Te Advocate, January 24, 2025 On Sunday, January 19th, Te Federation of Employers and Workers of America (FEWA), National Association of Landscape Professionals (NALP), National Council of Agriculture Employers (NCAE), Outdoor Amusement Business of America (OABA) and the Seasonal Employment Alliance (SEA) filed a lawsuit opposing the Department of Homeland Security (“DHS”) rule entitled Modernizing H-2 Program Requirements, Oversight, and Worker Protections, 89 FR 103202 (December 18, 2024) (“Final Rule”) with an effective date of January 17, 2025. Tis rule impacts BOTH H-2A and H-2B employers. Tis Final Rule, among other things, provides that DHS must deny H-2 petitions of employers who have been debarred from the H-2 programs by the Department of Labor or have had an H-2 petition revoked by DHS for willful misrepresentation of a material fact in the petition, or have been found to have criminally employed an alien.In addition, the Final Rule gives DHS discretionary authority to deny H-2 petitions of employers who have been found by another agency to have committed any labor law violation, with a three-year look back. In determining if the violations rise to the level of USCIS denying a petition they will look at a case-by-case basis with a list of vague and unclear factors they will consider. Finally, if DHS finds that an H-2 worker paid an “illegal” fee for the job opportunity or that an employer has not taken affirmative actions to ensure no fees have been paid, and if fees have been paid and the H-2 worker has not been reimbursed (regardless of to whom the fee was paid), the employer could face denial of their H-2 petition for up to 5 years. Even employers that have recruiters under contract that prohibit these sorts of fees is not enough under this rule, more “due diligence” which is ill defined will be required. Complicating matters worse, fees required by corrupt individuals within foreign governments will expose liability to employers according to the rule and we have evidence of that in Guatemala. We are seeking to invalidate the Final Rule by challenging DHS’s authority to usurp other Executive agencies final determinations on labor law violations to impose additional unbargained-for penalties after the fact. Often employers choose to settle rather than fight an investigation into their business practices because it makes good economic sense to end the investigation. DHS should not, and cannot, under its statutory authority, be misusing economic decisions when adjudicating an immigration benefit. In addition, the “illegal” fees that are collected from third parties in the recruitment chain cannot be an employer’s responsibility. DHS is attempting to make employers strictly liable for these “illegal” fees that are charged by individuals and government actors and that are many steps removed from the employer’s control. Tis is wrong and cannot be held against an employer who has no reason to know about the “illegal” fees that may have been charged and has no way to prove a fee has not been charged other than the word of an H-2 worker. We strategically filled this action against the Biden Administration prior to President-Elect Trump taking office, for


54


strategic legal and political reasons. We are now in the process of reaching out to DHS to urge them to rescind the rule, but we are fully prepared to see the litigation through the complete process.


Summary of Trump's Executive Actions During Week One Te following is from NALP’s Te Advocate, January 24, 2025 Donald Trump’s first day in office saw a flurry of executive orders aimed at reversing key Biden-era policies, with a sharp focus on immigration, trade, and energy. Among the most significant actions, Trump moved to bar asylum for new arrivals at the southern border and suspended the Refugee Admissions Program. He also revived the “Remain in Mexico” policy for asylum seekers and declared a national emergency at the border to expedite funding for the construction of the border wall. In the trade realm, Trump ordered a series of investigations into trade practices, including unfair currency manipulation and persistent trade deficits, particularly with China, Mexico, and Canada. He also directed a full review of the U.S. industrial and manufacturing base to determine if further tariffs are necessary, signaling a renewed focus on protectionist policies. Additionally, Trump aimed to assess China’s compliance with a 2020 trade deal and re-examine the United States-Mexico-Canada Agreement. On the energy front, Trump withdrew the U.S. from the Paris Climate Agreement, lifted drilling restrictions, halted offshore wind farm leases, and called for reviewing regulations on coal and fossil fuels. In addition, the president ordered federal agencies to end most teleworking and be in the office five days a week as quickly as possible. His executive order directs agency heads to “take all necessary steps to terminate remote work arrangements and require employees to return to work in-person at their respective duty stations on a full-time basis, provided that the department and agency heads shall make exemptions they deem necessary.” Te President also issued a freeze on federal hiring with exceptions for military personnel and jobs “related to immigration enforcement, national security, or public safety.” Another executive order is aimed at “restoring accountability for career senior executives” in the federal government. Te memo directs his administration to issue new performance plans for senior government officials who are not political appointees and reassign officials to ensure they are “optimally aligned to implement” his agenda. A different order makes changes to the federal government’s hiring plan. President Trump also signed an executive order that includes the termination of all federal offices and positions related to diversity, equity and inclusion, and environmental justice. Te order also directs his administration to review which federal contractors have provided DEI training materials to federal workers and which federal funding grantees have been given funds to advance DEI and environmental justice. A complete list of President Trump’s Executive Actions can be found at the link that follows. https://www.whitehouse.gov/presidential-actions/ In addition, Politico provides detailed analysis of the President’s recently issued executive orders at the link that follows. https://www.politico.com/news/2025/01/21/trump-executive- orders-actions-proclamations-legislation-00199725


TPI Turf News March/April 2025


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68