Executive Logo EXECUTIVE|DISORDER

Revoked by Joseph R. Biden Jr. on January 25, 2021

Buy American and Hire American

Ordered by Donald Trump on April 18, 2017

Summary

Issued by President Trump, this EO mandated stricter enforcement of "Buy American" rules in federal procurement and sought reforms to prioritize U.S. workers in the H-1B visa program. Revoked by President Biden, its removal ended enhanced scrutiny favoring domestic goods and labor protections for American workers.

Background

Before its revocation, the "Buy American and Hire American" executive order under President Donald Trump significantly influenced federal procurement practices and immigration regulations. The directive chiefly sought to prioritize American-made goods and products by mandating federal agencies to rigorously enforce and comply with Buy American laws. This aimed to bolster the domestic manufacturing sector, purportedly creating more jobs within the United States. Agencies were instructed to review and adjust their procurement strategies to ensure a preference for American-made materials over foreign imports wherever possible. This policy was particularly evident in infrastructure projects requiring iron, steel, and manufactured goods, thus compelling agencies to integrate domestic production preferences into their operational frameworks.

On the immigration front, the order targeted employment-based visa programs, most notably the H-1B visa. It instructed federal agencies to reevaluate immigration protocols to prevent fraud and misuse of work visas, thus protecting American workers' interests. Essentially, the policy emphasized awarding visas to the most skilled or highest-paid workers rather than the most cost-effective ones available to U.S. employers. This initiative translated into stricter scrutiny of visa applications, a more rigorous enforcement paradigm, and discussions around reforming the visa allocation process to enhance fairness and alignment with the order’s economic objectives.

Operational adjustments across federal agencies were evident as administration heads examined waivers and their impacts on domestic labor and manufacturing. In particular, the Department of Commerce and the Office of Management and Budget were tasked with creating assessments and providing guidance to ensure improvements in domestic procurement. Reports required from various federal agencies outlined compliance with Buy American laws, with an emphasis on reducing exemptions and waivers granted. Consequently, the official narrative and alignment of federal tasks under this directive arguably tightened the nexus between policy and practice in regards to national economic interests.

Reason for Revocation

President Joseph R. Biden Jr.'s decision to revoke this executive order seems consistent with broader shifts in economic and social policies championed by his administration. Biden's approach indicated a move towards multilateralism and a more open immigration agenda, emphasizing inclusivity and globalization. The revocation can be seen as a statement against protectionist economic measures that may have hindered international collaboration and strained trade relations, favoring instead policies designed to restore alliances with foreign trade partners under invigorated trade agreements.

In the realm of immigration, Biden signaled clear intentions to reverse many Trump-era policies perceived as overly restrictive. Coming into office with a mandate to overhaul the immigration system, Biden sought to implement more humane and equitable practices, possibly viewing the rigorous visa allocation policies enshrined by Trump as counterproductive. An immigration system valuing contributions beyond economic costs was central to this vision, one where skilled international workers could engage and innovate within the U.S. economy without excessive hindrances.

This shift reflects a broader ideological paradigm wherein international immigration is seen as beneficial and integral to dynamic economic growth and innovation. Biden’s administration prioritizes such narratives alongside economic recovery measures that include expanding employment opportunities through domestic investments, making recourse to strictly protectionist trade measures less necessary in their economic strategy.

Another reason for reversing these policies might encapsulate the need to foster enhanced collaboration with international bodies and detail cooperative manufacturing and environmental standards. These directives are rooted in a commitment to participating in global initiatives and aligning with international standards in trade, leading to more profound economic and diplomatic ties.

Winners

The major beneficiaries of the Biden administration's repeal include multinational corporations with extensive global supply chains. These companies gain from increased flexibility and potentially lower costs in procurement, as they are no longer strictly bound to source materials domestically. This might appeal to tech giants like Google, Apple, or Microsoft, whose business models rely on leveraging global talent pools without navigating additional bureaucracy implicated by stringent domestic production requirements.

The tech industry could also see substantial benefits as a result of the wider access to highly skilled immigrant labor. Companies dependent on a diversified and skilled workforce may expect more navigable pathways to secure H-1B visas for international talent. By halting restrictive immigration measures, firms can foster innovation via inclusivity. This change is crucial in sectors reliant on specialized, in-demand skills, wherein domestic supply cannot sufficiently meet the high-powered demand.

Additionally, communities benefiting from increased job creation associated with foreign investments may experience gains. If foreign firms perceive they have fair opportunities to operate within the U.S. without protectionist constraints, the local economies that attract these investments could thrive, generating employment and offering economic boosts within those regions.

Losers

Industries that stood to benefit from the prioritization of American-made goods, such as domestic steel and manufacturing sectors, might perceive themselves as adversely affected by the revocation. These sectors had previously benefited from increased federal procurement contracts that aligned with the Buy American policies. The turn away from these principles potentially diminishes their competitive edge against cheaper, foreign alternatives, creating pressures on the domestic market laden with supply and pricing challenges.

Workers in American manufacturing, particularly those that produce goods competing against cheaper imports, may face increased competition that could exert downward pressure on wages and job security. For labor sectors that rely heavily on guarded domestic markets for economic stability, the easing of Buy American provisions might translate into potential job displacements.

Moreover, revisions in hiring practices related to foreign workers may raise concerns among certain domestic labor advocates. An open immigration framework, while beneficial from an economic standpoint, presents risks of job displacement for native workers in some sectors, where cost differentials between foreign and domestic labor could leverage favor towards the former. In essence, workers in industries vulnerable to outsourcing may anticipate changes in labor dynamics that might necessitate reevaluation of employment strategies.

Implications

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