Federation for American Immigration Reform v. U.S. Customs and Border Protection
IRLI, on behalf of the Federation for American Immigration Reform (FAIR), sued U.S. Customs and Border Protection (USCBP), seeking information on H-2A and H-2B visa holders entering the United States since 2013. IRLI attorneys filed the suit in U.S. District Court for the District of Columbia, as USCBP has failed to produce the requested records pursuant to a Freedom of Information Act (FOIA) request.
The lawsuit seeks records on the number and country of citizenship of H-2A and H-2B visa holders who entered the United States through air, sea, and land border ports of entry and overstayed their period of admissions for fiscal years 2013 through 2017.
H-2A and H-2B visas allow foreign nationals to enter the United States to perform work on a temporary basis. H-2B visas have previously been capped at 66,000 annually. The recently-passed omnibus spending bill specified roughly doubled the number of H-2B visas available. While open to citizens of many countries, the vast majority of workers employed under H-2A are from Mexico. Most of the workers using these visas work in the agricultural industry, but they find work in other areas including resorts and landscaping.