Reform Advocacy – Migrant Child Labor in the United States
Kyle Huffman • June 15, 2023
On February 25, 2023, the New York Times published a compelling piece
by journalist Hannah Dreier, exploring the topic of the exploitation of migrant children by major corporations in the United States.
In the article, The Times interviewed more than 100 migrant child workers in 20 states in the United States. The breadth and diversity of the jobs held by these children is truly shocking, and a depressing number of these jobs are in highly dangerous environments. There are examples of young migrants cleaning meatpacking plants at night after a full school day, stacking metal castings at the Hyundai Motor Group, and working 12-hour shifts at a conveyor belt packaging cereals and snack products, among many other dangerous and labor-intensive positions.
Most reasonable people will hear this news and immediately understand just how troubling this situation is and see the immediate need to make efforts to correct these unjust and horrific practices. But what can be done to address this situation?
According to NPR’s congressional correspondent Claudia Grisales, “It's going to be a really, really tall order for Congress. Republicans say that a crackdown on border security is the answer here. And several noted that the House Judiciary Committee will now begin work on a GOP border security bill, but we do not expect that to go far with a Democratic-controlled Senate and White House. House Democrats are asking for a bipartisan solution, but that's going to be really difficult for Congress to get on the same page here.”
In my view, it is the wrong approach to focus on border security to address these issues. Sure, changes to border security may positively impact this negative situation, but it would be far better to approach a resolution from the other side of this equation: going after the large corporations who are hiring migrant children in violation of the law. Changes to the United States border security policy will not address the underlying economic challenges that have resulted in record numbers of unaccompanied minors showing up at the United States’ southern border. Policy of separating children from their parents, which is quite horrific, was enforced by the prior presidential administration, and still, record numbers of individuals undertook the treacherous journey to the United States.
Rather than punishing children and families seeking a better life, the United States should focus on punishing companies turning record profits by exploiting these families by violating labor laws. It is worth noting that several of the corporations mentioned in the articles are currently under investigation by the U.S. Department of Labor, and greater consequences may still be seen. However, in the case of the Hyundai Glovis Facility in Alabama, so far the only punishments issued have been to the three staffing agencies hired by Hyundai to staff the facility, each of which were fined only $5,050. Hyundai’s use of staffing agencies has enabled the company thus far to escape liability for profiting off illegal child labor by placing the blame for these law violations on the staffing agencies hired. If the United States is looking for potential solutions to this widespread issue, one avenue would be to start here. The United States could close the existing legal loopholes that allow major corporations to escape liability for their exploitative practices, and instead impose strict penalties, which is far more likely to result in significant positive outcomes. In addition, harsh financial penalties for this type of labor law violation could be used to support the programs within the United States Department of Health and Human Services, which is responsible for caring for unaccompanied minors in the United States.
In 2022, the same year these labor practices were revealed in news media, and Hyundai’s staffing agencies took action resulting in them having to pay a total of $15,150 in penalties, Hyundai reported a 47% increase in operating profit to $7.35 Billion. In looking for solutions to what are clearly major problems for the United States, perhaps the United States should start by making the companies with hundreds of millions, if not billions of dollars in resources take greater care in their hiring policies and imposing harsh financial penalties for violation of the labor laws by hiring undocumented and underage workers. No company doing business in the United States should be able to profit billions of dollars off the exploitation of illegal child labor. Enhancing the financial punishment of companies found to be engaging in these practices would have the twofold effect of deterring labor law violations by making the punishment potential more daunting than the profit potential, and simultaneously creating a new source of funding to support the programs charged with caring for these vulnerable individuals by utilizing any financial penalties imposed.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Holding a U.S. visa does not guarantee permanent entry. The Department of State can cancel a visa after it is issued through a process called “prudential visa revocation.” These revocations have surged throughout 2025 and 2026. This increase is a direct result of enhanced vetting and increased data sharing between government agencies. Through the Continuous Vetting Center, law enforcement and immigration databases are now cross-referenced in real time, allowing officials to flag and revoke visas the moment new information surfaces or updated information is received, such as a past criminal arrest or a security alert. What is Prudential Visa Revocation? A prudential revocation is a precautionary cancellation. It happens when new information suggests a traveler might be ineligible for a visa or could pose a safety concern. A revocation cancels your visa, but it does not automatically end your status if you are already inside the U.S. and following the rules of your stay. Common triggers include: Criminal Arrests (DUI/DWI): Even a previous incident or single arrest without a conviction can trigger an immediate revocation. Security Alerts: New hits on watchlists or intelligence databases. Loss of Eligibility: Such as losing a job or failing to maintain student status. Fraud: Discovery of errors or lies on previous applications. The DOS usually notifies individuals via the email address listed on their DS-160 application. However, many travelers reportedly only discover the revocation when they are denied boarding at the airport. If your visa is revoked while you are in the U.S., you can typically remain in the country until the date on your Form I-94 expires, provided you continue to follow all terms of your stay. However, you should avoid international travel until you consult with legal counsel, as leaving the U.S. will require you to apply for a brand-new visa to re-enter. This application process may involve extra scrutiny, such as medical evaluations or supplemental documentation - especially if the revocation was triggered by a DUI or DWI. If your visa has been revoked and you need to discuss your legal options, please contact Santos Lloyd Law Firm for guidance.
U.S. Citizenship and Immigration Services (USCIS) has recently updated its protocols regarding the screening and vetting of immigration benefit applications. These changes involve a more detailed review process that may impact processing times and evidence requirements for various categories of benefits. Key Changes to the Adjudication Process The updated guidance outlines several shifts in how USCIS processes and reviews applications: Adjustment of EAD Validity Periods: For certain categories, the validity periods of Employment Authorization Documents (EADs) may be shortened. This can result in more frequent eligibility reviews throughout the application process. Expanded Use of Social Media and Financial Data: Adjudicators have been granted broader authority to review an applicant’s social media activity and financial history during the vetting process. Policy Updates on Biometric Verification: The agency is revising its approach to biometric identity verification, including the reuse of fingerprints and photographs. Country-Specific Scrutiny: USCIS is coordinating with the Department of State to apply specific analysis to applications based on regional risk factors and fraud indicators. Impact on Interviews and Processing Applicants for adjustment of status, naturalization, and other benefits may encounter more focused questioning during interviews. USCIS is now tailoring its interview process to address potential red flags associated with specific geographic regions or benefit categories. Because of this increased scrutiny, it is essential that all information provided in an application is consistent with an applicant's public record and digital footprint. Discrepancies or incomplete documentation can result in delays or additional requests for evidence. Next Steps As these procedures are implemented, applicants should ensure that all submitted materials are accurate and verifiable. We recommend a thorough review of all public information and documentation prior to filing. If you have questions regarding how these procedural changes may affect your specific case, our team is available to discuss the current requirements and help navigate the updated process.
Choosing the right recommenders is one of the most critical steps in building a successful O-1 visa petition. The standard for this visa is a high one, you must not only be an accomplished professional within your field but among the very top cadre of your peers. Reference letters serve as the connective tissue of an O-1 petition, transforming a dry list of accolades into a compelling narrative of extraordinary achievement. While awards and press clippings prove that you did something, reference letters provide the expert testimony necessary to explain why it mattered. In the eyes of USCIS, these letters function as evidence that contextualize your work within the broader industry, offering a level of nuance and credibility beyond the objective facts of your career journey. Without them, an adjudicating officer is left to interpret complex professional milestones in a vacuum; with them, you have a panel of qualified experts certifying that you are not just competent, but extraordinary and indispensable to your field. In short, they are the "voice" of your petition, validating your status as an individual of extraordinary ability. If you are beginning the process of identifying your recommenders, here are four essential qualities you should look for in a contact. 1. High Public Visibility In the eyes of USCIS, the status of the recommender often reflects the status of the applicant. USCIS officers will scrutinize every aspect of your petition, and this includes researching your references. If a recommender is someone who is easily recognizable due to an extensive public profile, especially due to their accomplishments, it makes it easier to verify that their opinion of you as a candidate should be given more weight and taken seriously. Look for individuals who have a "public profile." This could mean: They are frequently quoted in major media outlets. They have a significant social media following or industry-wide recognition. They have won major awards (Oscars, Grammys, Pulitzers, etc.) or hold prestigious titles. Their name is synonymous with success in your specific niche. When an officer sees a letterhead from a globally recognized entity or a signature from a famous figure, it immediately sets the tone that you are a candidate worth evaluating, and the words they have written on your behalf will weigh strongly on the officer’s decision. 2. Significant Accomplishment in the Field Your recommender should be an "expert" in their own right, whatever that means for your particular field. USCIS needs to know that the person praising you is actually qualified to evaluate your talent and knows the difference between someone who is merely accomplished in the field versus someone who has reached the pinnacle of their profession. Ideally, your contact should be more senior or more accomplished than you are. They should have a track record of success that is beyond reproach. However, they don't necessarily have to be in your exact job title. They can be in a related field, provided they are in a position to judge your work. For example, if you are a VFX Artist, a famous Film Director or a Senior Producer would be highly qualified to evaluate your contributions to a production. 3. A Deep Professional or Personal Connection One of the most common mistakes O-1 applicants make is chasing "big names" who don't actually know them. A generic letter from a celebrity who has never met you will likely be dismissed as "boilerplate." The strongest letters come from people who can speak to your work with specificity because they have worked directly with you in a professional context. You should look for contacts who know you through: An extensive personal history: Someone who has mentored you or followed your career trajectory for years, who can thus attest to your professional growth and elite trajectory over time. Direct collaboration: Someone who has worked alongside you in a professional context, and has witnessed your impact as a professional first hand because they were also directly invested in whatever project or goal you were working towards. This can also include peers you competed against, if you are an athlete. Your reference letters should describe specific instances where your skills and accomplishments shined through, or where you and your reference worked together towards meeting some goal. This level of detail comes naturally when your reference truly knows you as a professional because of a deep familiarity with your work or direct experience with you as a professional. 4. A Willingness to Advocate Zealously This is perhaps the most underrated quality in a recommender. You do not want a contact who is only willing to "confirm the facts." A letter that simply affirms facts and offers a standard affirmation of your skills and accomplishments will not convey to the officer that you are truly extraordinary. You should seek recommenders who are willing to be effusive. They should be prepared to use strong language—words like indispensable, unparalleled, world-class, and pioneer. This is a visa for exceptionally accomplished professionals, and for your references to be effective their words must convey to the officer that you are truly extraordinary. If a contact is hesitant to provide a glowing, high-energy recommendation, they may not be the right choice for this specific legal process. Final Thoughts The O-1 visa is a high bar, and your reference letters are the pillars that hold up your petition. By seeking the right qualities in your references, you can ensure that you will receive strong and impactful letters that will in turn help to maximize your chances of receiving an O-1 visa. At Santos Lloyd Law Firm, we pride ourselves on assisting our talented clients in every aspect of the O-1 visa process. If you are an exceptionally talented individual considering applying for an O-1 visa, please contact us today and we will be happy to guide you towards a successful outcome.
