A federal appeals court has recently upheld the so-called Trump Gag Order, blocking the ability of foreign workers to obtain information on foreign labor law. The Trump Gag Order was proposed in 2020 in order to restrict the ability of foreign workers to seek legal advice from United States labor laws. The order also limits the ability of foreign labor attorneys to discuss wage and hour laws of their homelands with their client foreign workers.
The case has been argued over the constitutionality of the Trump Gag Order since its proposal. Plaintiffs argued that the Order violates the First Amendment as it prevents workers from obtaining the legal advice they need to enforce their employment rights. In the recent ruling, the appeals court argued that the gag order is a “content-based regulation” and thereby warrants the highest level of constitutional scrutiny. Despite this, the court upheld the majority of the order and held that it is narrowly tailored to serve the government’s interest in protecting foreign workers from exploitation.
Proponents of the Trump Gag Order have argued that it protects foreign workers from exploitation and abuse from unscrupulous employers. Opponents have argued that the Order essentially prevents workers from receiving information that would help them protect their rights and interests. The appeals court acknowledged both arguments, but ultimately held that the Order is narrowly tailored to serve the government’s interest in protecting foreign workers.
This recent ruling is significant for a number of reasons. For foreign workers, this decision is a reminder that they must be vigilant and seek legal advice on foreign labor laws if they believe their employment rights are not being respected. In addition, it serves as a reminder to employers to abide by foreign labor laws when employing foreign workers. Finally, it is also a reminder that although the Trump Gag Order has been upheld, it does not restrict all foreign workers from obtaining legal advice, just as US-based workers still have the right to obtain information on labor issues from US attorneys.