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.
On January 14, 2026, the Trump administration announced a freeze on immigrant visa issuance for nationals of 75 countries . The administration states that this “visa freeze” is intended to review security protocols, “reduce risks,” and control immigration flows. However, the immediate reality is that this change in policy has temporarily suspended visa processing and restricted travel for applicants from numerous countries across the globe. While the legal landscape surrounding these suspensions is highly fluid and subject to change, it is important to consider how this “visa freeze” might impact your current status or immigration plans. The scope of the restrictions varies drastically depending on your country of origin and specific visa category. Most notably, a nationality-based travel ban restricts visa issuance for 19 countries : Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. Beyond this targeted ban, a broader freeze affects applicants from a designated list of up to 75 countries, leading to indefinite delays for many visa petitions. However, it is important to note that immigrant visa applications first need to be processed through USCIS, which has not paused processing applications from the 75 countries. Thus, it is important to contact an attorney to understand at what point in the process this visa freeze may affect your case. While Brazil is included in the list of 75 countries, at the time of this publication, the freeze does not include non-immigrant visas for Brazil . Non-immigrant visas are granted to foreign nationals seeking to enter the United States on a temporary basis for specific purposes, such as tourism, studying, or temporary work. This means that Brazilian applicants can still safely pursue non-immigrant employment options, such as O visas for individuals with extraordinary ability or P visas for internationally recognized athletes, without being subjected to the current travel bans or suspensions. This alert is for informational purposes only and does not constitute legal advice. There are many changes and uncertainties, so please consult with a qualified attorney at Santos Lloyd Law Firm, P.C. to understand how these evolving policies might affect your specific case
Recent data in 2026 shows a sharp increase in Requests for Evidence across employment-based visa categories such as EB-1, EB-2 NIW, O, and H-1B. Requests for Evidence (RFEs) are no longer reserved for borderline cases; even robust petitions for high-level talent are facing unprecedented scrutiny. The expansion of the USCIS Vetting Center means automated tools are cross-referencing every petition, triggering RFEs for even the smallest inconsistencies. For EB-2 NIW petitions, adjudicators are increasingly questioning the "National Importance" of a candidate’s endeavor. Even for those with impressive credentials, USCIS now demands evidence of how their work specifically benefits the U.S. on a prospective basis. For O-1A and O-1B visas, officers are applying narrower interpretations of "distinction" and "extraordinary ability," often mischaracterizing evidence already present in the record. Additionally, a troubling 2026 trend is the correlation between Premium Processing and RFEs . For discretionary categories like EB-1A and EB-2 NIW, Premium Processing has increasingly become a "fast track" to a poorly reasoned RFE. Reports indicate that adjudicators, pressured by 15-business-day timelines, may be relying on AI-assisted vetting tools that trigger automated RFEs with general and boilerplate language, rather than a thorough review and analysis of supporting documents and evidence filed. With USCIS employing more rigorous AI-driven vetting and a narrower interpretation of visa criteria, the margin for error has disappeared . As such, ensure you consult with an experienced immigration attorney before filing a petition. ' If you have any questions, please schedule a consultation with one of our experienced attorneys, and we will be more than happy to assist you.
In recent weeks, the U.S. government has moved to terminate Temporary Protected Status (TPS) for multiple countries, sparking a wave of last-minute litigation and creating significant uncertainty for beneficiaries. This shift is having a profound impact on those who rely on TPS for lawful presence and work authorization in the United States. Across the country, federal courts have intervened to pause or block scheduled TPS terminations for several countries, including Burma (Myanmar), Ethiopia, Haiti, South Sudan, and Syria. In response to these court orders, USCIS has updated its webpages to indicate that TPS status and related Employment Authorization Documents (EADs) are extended for these populations. However, USCIS is intentionally not providing specific new end dates for EAD validity while the litigation remains in flux. The Department of Homeland Security (DHS) has prominently noted that it "vehemently disagrees" with these court orders and is actively working with the Department of Justice on next steps. This legal landscape remains highly unpredictable and varies drastically depending on the country of origin. For example, on February 9, 2026, the 9th Circuit Court of Appeals granted a stay allowing the government to proceed with the termination of TPS for Nicaragua, Honduras, and Nepal while the underlying legal challenges continue. Because of this ruling, the automatic extension of work authorization for these individuals has ended, and employers are now required to reverify the work authorization of affected employees, who must present alternative valid documentation to continue their employment. These rapid changes and the lack of clear end dates are causing complications beyond the workplace. Because driver's licenses often track the length of an individual's authorized stay, many DMVs are currently declining to issue or renew driver's licenses for impacted TPS populations. For employers, managing internal communications, avoiding onboarding errors, and navigating Form I-9 compliance has become increasingly complex. It is more important than ever to be well-prepared and proactive in monitoring these rapid changes. At Santos Lloyd Law Firm, P.C., our immigration attorneys are ready to guide you through this evolving process and ensure you are informed, and supported. Please contact us if you have questions or need assistance.
