Immigration Landscape: 2024 Review & 2025 Look Ahead
- By [ Austin Gold ]
- 10/17/2024
Significant efforts were made by Congress to address immigration reform and border security through the introduction of the Emergency National Security Supplemental Appropriations Act and Border Act of 2024. These proposals included provisions for protecting "Documented Dreamers" and issuing additional green cards aimed at family-based and employment-based categories. However, the proposals fell short of offering permanent protection for DACA recipients or providing safeguards for those with Temporary Protected Status. Despite support from President Biden, the bills faced strong opposition from Senate Republicans after criticism from former President Trump, which ultimately prevented their advancement.
For the retail industry, the passage of these bills could have had a significant impact by addressing labor shortages the domestic workforce alone cannot fill. Furthermore, the protections for “Documented Dreamers,” many of whom are already integral to the retail workforce, would have provided legal stability for thousands of young immigrants.
Legal Update
The legal battle surrounding DACA continued to unfold in court. In October, the Fifth Circuit Court of Appeals began hearing oral arguments in United States v. Texas, a case that questions the legality of DACA based on a 2023 ruling. That ruling argued that the Biden administration’s efforts to formalize DACA were not sufficiently distinct from the original 2012 Department of Homeland Security memorandum. A decision is expected by the end of the year. Depending on the outcome, the Supreme Court could decide within the following year whether to hear a case regarding the program's legality.
RILA has advocated for both immediate and long-term solutions to address the legal status of DACA recipients to support the many individuals with DACA status in the retail industry. In addition to supporting legislation like the Dream Act of 2023 and the American Dream and Promise Act of 2023, RILA joined the Coalition for the American Dream in filing an amicus brief in the Fifth Circuit to support the program.
Regulatory Action
USCIS introduced major updates to the H-1B visa program, including fee increases and a revamped lottery system to reduce fraud. The new lottery prioritizes unique beneficiaries and aims to ensure fairer opportunities. Future phases of the H-1B modernization rule are expected to address several key areas, such as the definition of specialty occupation, deference policy, bona fide H-1B employment, F-1 cap-gap protection, and H-1B amendments. These updates are anticipated to offer employers greater flexibility and predictability in hiring and managing H-1B workers, while providing beneficiaries with more security and protection against status gaps. The direction of these changes will largely depend on whether a Trump or Harris Administration takes office. RILA will continue to keep members informed as these developments unfold.
Looking Ahead
Looking ahead to 2025, the direction of U.S. immigration policy will be shaped not only by the election outcomes and the balance of power in Congress but also by the ongoing efforts to navigate these changes. For example, a Trump Administration and a Republican-led Congress will likely pursue more aggressive immigration actions including increased enforcement against employers along with more detainment and deportations. Meanwhile, Representatives Tom Suozzi (D-NY) and Morgan Luttrell (R-TX) are collaborating on bipartisan legislation focused on border security, asylum reform, and modernizing legal immigration. Together with coalition partners, RILA is engaged with Reps. Suozzi and Luttrell, to ensure that the retail industry’s perspectives are considered in shaping a more inclusive, commonsense immigration policy.
For any matters related to immigration policy, or to discuss ongoing efforts, please reach out to RILA’s Director of Government Affairs, Austin Gold.
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Investing in People
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Public Policy
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Workforce
