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What Is the H-1B Visa Program and Why Are Trump Backers Feuding Over It?

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What Is the H-1B Visa Program and Why Are Trump Backers Feuding Over It?

As President Trump embarked on a sweeping crackdown on immigration upon his return to office this week, he left unresolved a rift that surfaced last month among some of his most influential supporters about the role of skilled foreign workers in the U.S. labor market.

The split over the H-1B visa program, which allows skilled workers like software engineers to work in the United States, has pitted hard-line immigration opponents against some of Mr. Trump’s most prominent backers in the tech industry, who say they rely on the program because they can’t find enough qualified American workers.

It’s unclear where Mr. Trump will land. He pledged in his first term to discontinue H-1B visas, but last month he called it “a great program.”

Congress passed legislation creating the H-1B program in 1990, as a labor shortage loomed. When President George Bush signed it into law, he said the program would “encourage the immigration of exceptionally talented people, such as scientists, engineers and educators.”

Employers use the visas — which are valid for three years and can be extended — to hire foreign workers with specialized skills, mainly in science and technology, to fill openings for which American workers with similar abilities cannot be found.

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Employers submit a petition to the government on behalf of a foreign worker they want to hire, describing the job and the qualifications of the person selected to fill it.

The H-1B program confers temporary status in the United States, not residency. However, many employers sponsor workers with H-1B visas for a green card, which puts them on the path to U.S. citizenship.

Congress makes 65,000 H-1B visas available each year for workers with a bachelor’s degree or equivalent, and 20,000 more for those with a master’s degree or higher. Universities and research organizations are exempt from those caps.

Many of the workers who have received the visas are software engineers, computer programmers and others in the technology industry. Amazon, Google, Meta, Microsoft, Apple and I.B.M. were among the companies that employed the most H-1B visa holders last year, according to U.S. Citizenship and Immigration Services.

But it’s not just a Silicon Valley story. H-1B recipients work in other professions, including education, health care and manufacturing.

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There is no cap for each country, and a vast majority — between about two-thirds and just over three-quarters — of recipients come from one: India.

Employers must attest that they have searched for qualified domestic candidates, and that an H-1B worker will not adversely affect the wages and working conditions of American workers.

The program requires employers to pay H-1B workers, at a minimum, either the average wage for the job and the city where it is based, or the average wage of American-born workers doing the same job. Companies are prohibited from paying H-1B workers less than other workers with similar skills and qualifications. Still, about 60 percent of the positions paid “well below” the local median wage for the occupation in 2019, according to the Economic Policy Institute, citing the Labor Department’s “broad discretion” to set H-1B wage levels.

Critics say employers often use H-1B visas to hire workers who are willing to accept lower salaries than Americans, and there have been episodes in which the program has been used to bring in immigrants to do jobs that American workers had been doing.

In 2015, about 250 technology workers at Walt Disney World near Orlando, Fla., were told that they were being laid off, and that they would have to train their replacements — H-1B visa holders who had been brought in by an outsourcing firm based in India. Similar episodes that year affected employees of Toys “R” Us and the New York Life Insurance Company. However, some studies have shown that the visa program helps foster innovation and growth, leading to more jobs, including for U.S.-born workers.

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A rift erupted among Republicans in December about how much tolerance, if any, the incoming Trump administration should have for immigrants brought into the country on H-1B visas.

Elon Musk, a former H-1B holder, wrote on X that the expertise U.S. companies need “simply does not exist in America in sufficient quantity.” Mr. Musk’s electric-car company, Tesla, obtained 724 of the visas this year.

Vivek Ramaswamy, the former Republican presidential candidate who recently quit a government cost-cutting initiative that Mr. Trump had asked him to lead alongside Mr. Musk, blamed American culture for creating people ill-suited for skilled tech positions.

Among those on the other side of the debate were Laura Loomer, the far-right activist, and Stephen K. Bannon, a longtime Trump confidant. Mr. Bannon hosted influencers and researchers on his popular “War Room” podcast in December who critiqued “big tech oligarchs” for supporting the H-1B program.

In 2020, Mr. Trump signed an executive order temporarily suspending new H-1B visas, which he had said should go to “only the most skilled and highest-paid applicants and should never, ever be used to replace American workers.” After a federal judge struck that order down, the Trump administration tightened eligibility rules for the visas and required companies to pay higher salaries to H-1B holders. A federal judge also rejected some of those rules, including the salary requirement.

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In late December, Mr. Trump appeared to weigh in on the debate, saying he had often used the program as a businessman. “I’ve been a believer in H-1B,” he told The New York Post. “I have used it many times. It’s a great program.”

In fact, Mr. Trump appears to have used the H-1B visa program sparingly. He has been a frequent and longtime user of the similarly named H-2B visa program, which is for unskilled workers like gardeners and housekeepers, as well as the H-2A program, for agricultural workers. Those visas allow a worker to remain in the country for 10 months.

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The Surveillance Tools That Could Power Trump’s Immigration Crackdown

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The Surveillance Tools That Could Power Trump’s Immigration Crackdown

Apps and ankle monitors that track asylum seekers in real time wherever they go. Databases packed with personal information like fingerprints and faces. Investigative tools that can break into locked phones and search through gigabytes of emails, text messages and other files.

These are pieces of a technology arsenal available to President Trump as he aims to crack down on illegal immigration and carry out the largest deportation operation in American history. To do so, his administration can tap a stockpile of tools built up by Democrats and Republicans that is nearly unmatched in the Western world, according to an analysis by The New York Times.

A review of nearly 15,000 contracts shows that two agencies — Immigration and Customs Enforcement, and Citizen and Immigration Services — have spent $7.8 billion on immigration technologies from 263 companies since 2020.

The contracts, most of which were initiated under the Biden administration, included ones for tools that can rapidly prove family relationships with a DNA test to check whether, say, an adult migrant crossing the border with a minor are related. (Families are often treated differently from individuals.) Other systems compare biometrics against criminal records, alert agents to changes in address, follow cars with license plate readers, and rip and analyze data from phones, hard drives and cars.

The contracts, which ranged in size, were for mundane tech like phone services as well as advanced tools from big and small companies. Palantir, the provider of data-analysis tools that was co-founded by the billionaire Peter Thiel, received more than $1 billion over the past four years. Venntel, a provider of location data, had seven contracts with ICE totaling at least $330,000 between 2018 and 2022.

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The Biden administration used many of these technologies for immigration enforcement, including in investigations of drug trafficking, human smuggling and transnational gang activity. How Mr. Trump may apply the tools is unknown, especially as the whereabouts of many immigrants are known and the government faces a shortage of officers and facilities to detain people.

But Mr. Trump has already made clear that his immigration agenda is strikingly different from his predecessor’s. This week, he announced a barrage of executive actions to lock down the borders and expel migrants and those seeking asylum.

“All illegal entry will immediately be halted and we will begin the process of returning millions and millions of criminal aliens back to the places from which they came,” Mr. Trump said at his inauguration on Monday.

Tech products are almost certain to feature in those plans. Thomas Homan, the administration’s border czar, has discussed meeting with tech companies about available tools.

“They’ll certainly use all tools at their disposal, including new tech available to them,” said John Torres, a former acting assistant secretary for ICE.

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A White House spokesman declined to comment. ICE said in a statement that it “employs various forms of technology, and information to fulfill its mission, while protecting privacy, and civil rights and liberties in accordance with applicable laws.”

Eric Hysen, the chief information officer for the Homeland Security Department under President Biden, said ICE and other immigration agencies have vast responsibilities. Many tools were designed for investigations of drug traffickers and other criminals, not tracking migrants, he said, while other technology like license plate readers could be used to ease traffic at border crossings.

The federal government has had longstanding internal policies to limit how surveillance tools could be used, but those restrictions can be lifted by a new administration, Mr. Hysen added. “Those are things that can change, but they are not easy to change,” he said.

The buildup of immigration tech goes back to at least the creation of the Homeland Security Department after the Sept. 11, 2001, attacks. Interest in the tools fueled a boom that is expected to grow under Mr. Trump. Leaders in Europe and elsewhere are also investing in the technologies as some adopt increasingly restrictive immigration policies.

Many companies are racing to meet the demand, offering gear to fortify borders and services to track immigrants once they are inside a country.

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In the United States, the beneficiaries include the makers of GPS tracking devices, digital forensics tools and data brokers. Palantir and others won contracts with ICE for storing and analyzing data. Thomson Reuters, Lexis Nexis and credit rating companies provide access to databases of personal information that can help government agents find the homes, workplaces and social connections of citizens and noncitizens alike.

Clearview AI, a facial recognition firm, had contracts worth nearly $9 million, according to government records. Cellebrite, an Israeli phone-cracking company, sold ICE about $54 million in investigative tools. The F.B.I. famously used Cellebrite tools in 2016 to unlock the iPhone of a mass shooter in San Bernardino, Calif., to aid the investigation.

Investors have taken note. The stock price of Geo Group, a private prison operator that sells monitoring technology to ICE, has more than doubled since Mr. Trump won November’s election. Cellebrite’s shares have also nearly doubled in the past six months and Palantir’s shares have risen nearly 80 percent.

Tom Hogan, Cellebrite’s interim chief executive, said the company was proud to help “keep our homeland and borders safe with our technology.” Thomson Reuters said in a statement that its technology is used by agencies to support investigations into child exploitation, human trafficking, drug smuggling and transnational gang activity. Lexis Nexis, Clearview and Palantir did not respond to requests for comment.

In an investor call in November, Wayne Calabrese, Geo Group’s chief operating officer, said the company expected the “Trump administration to take a much more expansive approach to monitoring the several millions of individuals” who were going through immigration proceedings but had not been detained.

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“We have assured ICE of our capability to rapidly scale up,” he said.

In a statement for this article, Geo Group, based in Boca Raton, Fla., said it looked forward to supporting the Trump administration “as it moves quickly to achieve its announced plans and objectives for securing the country’s borders and enforcing its immigration laws.”

One technology that may be used immediately in mass deportations can identify the exact location of immigrants, experts said.

About 180,000 undocumented immigrants wear an ankle bracelet with a GPS tracking device, or use an app called SmartLink that requires them to log their whereabouts at least once a day. Made by a Geo Group subsidiary, the technology is used in a program called Alternatives to Detention. The program began in 2004 and expanded during the Biden administration to digitally surveil people instead of holding them in detention centers.

Location data collected through the program has been used in at least one ICE raid, according to a court document reviewed by The Times. In August 2019, during the first Trump administration, government agents followed the location of a woman who was being tracked as part of the program. That helped the agents obtain a search warrant for a chicken processing plant in Mississippi, where raids across the state resulted in the detention of roughly 680 immigrants with uncertain legal status.

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Sejal Zota, the legal director of Just Futures Law, a group that opposes government surveillance programs, said the Trump administration would likely need to rely on digital surveillance tools as it would be impossible to physically detain vast numbers of individuals without legal status.

“While this administration wants to scale up detention, and I believe that it will find ways to do that, it will take time,” she said. “I think that this program will continue to remain important as a method to surveil and control people.”

The Trump administration also has access to private databases with biometrics, addresses and criminal records. Agents can obtain records of utility bills for roughly three-quarters of Americans and driver’s licenses for a third of Americans, according to a 2022 study by Georgetown University.

These tools could potentially be used to track people high on ICE’s priority list, like those with a criminal history or people who do not show up for immigration court hearings. Investigators could use the databases to find someone’s automobile information, then use license plate readers to pinpoint their location.

During the first Trump administration, ICE could access driver’s license data through private companies in states like Oregon and Washington, even after the state tried cutting off access to the information to the federal government, according to the Georgetown study.

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Mr. Torres, the former ICE official, said this information was critical for agents to find people.

“We know people give false addresses,” he said. Agents can use “big data sharing to triangulate their location based on habits.”

That has raised privacy concerns. “Privacy harms may seem theoretical on paper, but they’re never theoretical for vulnerable people on the front lines,” said Justin Sherman, a distinguished fellow at Georgetown Law’s Center on Privacy and Technology.

During the Biden administration, ICE also bought software from Babel Street, a tech company that gathers data from thousands of publicly available websites and other sources. Its services can assess people as potential security risks based on data. Babel Street did not respond to requests for comment. ICE has also paid about a dozen companies for software that can be used to overcome passcodes, surface deleted files and analyze email inboxes.

Some immigration experts have questioned how much of this technology the Trump administration may use. Some tools are most relevant for targeted investigations, not for widespread deportations, said Dave Maass, the director of investigations at the Electronic Frontier Foundation, a civil liberties group.

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“What they are buying and what is actually useful may be totally different things,” said Mr. Maass. Regardless, he said, tech companies “are going to make a lot of money.”

The New York Times analyzed government contract data from usaspending.gov. The data covered spending from Immigration and Customs Enforcement and Citizenship and Immigration Services from 2020 to the present. The Times filtered the data to technology-related contracts, using recipient information and contract description. The Times looked at money that had been spent, not just pledged, to calculate the total spending and total number of tech companies.

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California banks and credit unions offer mortgage relief to fire victims, Newsom announces

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California banks and credit unions offer mortgage relief to fire victims, Newsom announces

Residents whose homes were damaged or destroyed by the Los Angeles firestorms are being offered mortgage relief by nearly 270 state-chartered banks, credit unions and other financial companies, Gov. Gavin Newsom said Thursday.

The announcement follows a decision by five major banks last week to offer mortgage relief to the fire victims.

“I thank each of the financial institutions that are offering this help for Californians recovering from this catastrophic firestorm,” Newsom said in a statement. “California will continue working with all stakeholders to support survivors, expedite recovery, and provide relief.”

The relief includes a 90-day forbearance on mortgage payments and any associated late fees; no reporting of the delayed payments to credit bureaus; protection from new foreclosures or evictions for at least 60 days; and no balloon mortgage payments at the end of the reprieve.

Among the Southern California institutions participating in the program are Banc of California, Hanmi Bank, and PennyMac Loan Services.

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“Banc of California … is proud to work with the state to provide relief to homeowners and businesses affected by the tragic fires,” said Jared Wolff, CEO of Banc of California, in a statement.

The help is available to qualified Los Angeles County residents in the 90019, 90041, 90049, 90066, 90265, 90272, 90290, 90402, 91001, 91104, 91106, 91107, or 93536 ZIP Codes. Borrowers must contact their mortgage servicer to obtain relief.

Last week, Wells Fargo, Bank of America, JP Morgan, Citibank and U.S. Bank announced mortgage relief programs.

The Palisades and Eaton fires have burned more than 37,000 acres, damaging or destroying over 18,000 homes and killing at least 28 people.

Other actions taken by the governor include postponing the state tax filing deadline until Oct. 15 for Los Angeles County residents. Another executive order allows homeowners to wait until April 2026 to file this year’s property taxes without penalty. Longer deferrals of up to four years are also available by applying to the Los Angeles County Treasurer and Tax Collector.

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Newsom also has issued an order to protect fire victims from predatory land speculators who make unsolicited and undervalued offers. Violations can be reported to the attorney general’s office at oag.ca.gov/report.

Newsom’s latest announcement was praised by several Southern California lawmakers, including Sen. Sasha Renée Pérez (D-Glendale).

“As the state senator for the Eaton Fire-affected communities, including Altadena’s historically African-American and working-class residents, I thank the governor for responding to calls for mortgage relief. I also appreciate the financial institutions that stepped up to provide this critical support,” she said in a statement.

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Amazon’s Fight With Unions Heads to Whole Foods Market

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Amazon’s Fight With Unions Heads to Whole Foods Market

At a sprawling Whole Foods Market in Philadelphia, a battle is brewing. The roughly 300 workers are set to vote on Monday on whether to form the first union in Amazon’s grocery business.

Several store employees said they hoped a union could negotiate higher starting wages, above the current rate of $16 an hour. They’re also aiming to secure health insurance for part-time workers and protections against at-will firing.

There is a broader goal, too: to inspire a wave of organizing across the grocery chain, adding to union drives among warehouse workers and delivery drivers that Amazon is already combating.

“If all the different sectors that make it work can demand a little bit more, have more control, have more of a voice in the workplace — that could be a start of chipping away at the power that Amazon has, or at least putting it in check,” said Ed Dupree, an employee in the produce department. Mr. Dupree has worked at Whole Foods since 2016 and previously worked at an Amazon warehouse.

Management sees things differently. “A union is not needed at Whole Foods Market,” the company said in a statement, adding that it recognized employees’ right to “make an informed decision.”

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Workers said that since they went public with their union drive last fall, store managers had ramped up their monitoring of employees, hung up posters with anti-union messaging in break rooms and held meetings that cast unions in a negative light.

Audrey Ta, who fulfills online orders at the store, said that she planned to vote in favor of unionizing with the United Food and Commercial Workers, but that there was unease among the workers. She has stopped wearing her union pin on the job.

“People keep their head down and try to talk not to talk about it,” Ms. Ta said. “Management really pays attention to what we talk about.”

Whole Foods said it had complied with all legal requirements when communicating with employees about unions.

U.F.C.W. Local 1776, which represents workers in Pennsylvania, has filed unfair labor practice charges with the National Labor Relations Board, accusing Whole Foods of firing an employee in retaliation for supporting the union drive. The union also accused the chain of excluding the store’s employees from a pay raise that had been given this month to all its other workers in the Philadelphia area.

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“They’re treating them differently,” said Wendell Young IV, president of U.F.C.W. Local 1776. “They’re discriminating against them for trying to form a union.”

Whole Foods denied allegations of retaliation. The company argued that it cannot legally change wages during the election process, and that it had delayed a raise until after the election to avoid the appearance of trying to influence votes.

A majority of the store’s workers signed union authorization cards last year before the union filed a petition for an election. But Ben Lovett, an employee who has led the organizing, said he expected the election to be close.

Whole Foods is the latest segment of Amazon’s business to confront the prospect of a union. In 2022, workers on Staten Island voted to form Amazon’s first union in the United States; it is now affiliated with the International Brotherhood of Teamsters. Amazon disputed the election outcome and has refused to recognize or bargain with the union pending a court challenge.

Delivery drivers, who work for third-party package delivery companies serving Amazon from California to New York, have also mounted campaigns with the Teamsters.

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Rob Jennings, an employee in the prepared foods section of the Philadelphia store, has worked there for nearly two decades. He said he noticed a series of changes after Amazon bought the chain in 2017: a program that offered employees a portion of the store’s budget surplus was scrapped, part-time workers lost health insurance, staffing levels started to decline.

Even though Whole Foods had never been a worker paradise, Mr. Jennings said, “I have a fantasy about bringing back all the things they took away.”

Whole Foods said in a statement that the abandoned profit-sharing program did not evenly benefit all employees and that the company invested in wages instead; that part-time workers lost the ability to buy health insurance through the company and did not lose funded health insurance; that part-time workers receive other benefits like in-store discounts and a 401(k) plan; and that the company is committed to keeping stores appropriately staffed.

Khy Adams first knew the Philadelphia store as a high school hangout. She had been wanting to work there for years when, in August, she landed a job overseeing the hot foods bar.

But she did not find the work-life balance she had sought, she said, with management expecting an unreasonable level of availability. She said she hoped a union could help improve conditions.

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In addition to Amazon’s pushback, the political transformation in Washington may pose hurdles. After the Biden administration’s embrace of unions, President Trump is expected to appoint a new N.L.R.B. general counsel whose approach could make it harder for organizing campaigns to succeed.

“Amazon has the machine behind them to prolong this, to shut this down, to make it the hardest thing for us to continue to work toward,” Ms. Adams said of the campaign to unionize.

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