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Total Articles: 10

Guide for Individuals Traveling Outside of U.S. During Holiday Season

Extreme vetting, strict scrutiny, travel warnings, and the latest travel ban have made travel abroad more worrisome than ever this holiday season.

DHS Announces Termination of Certain Countries' Temporary Protected Status Designation

The Secretary of the U.S. Department of Homeland Security has the authority to grant Temporary Protected Status (TPS) to eligible foreign-born individuals who are unable to return home for certain safety-related reasons. TPS may be designated to a foreign country when there are circumstances in the country preventing it from adequately handling the return of its nationals. Reasons include ongoing armed conflict, environmental disasters, and other extraordinary and temporary conditions. During a designated period, individuals who are eligible for TPS may apply for temporary employment and travel authorization.

U.S. Supreme Court Allows Travel Ban to Go into Full Effect

On December 4, 2017 the U.S. Supreme Court stayed the restraining orders against President Trump’s travel ban.1 The stay means that the September 24, 2017 presidential proclamation restricting travel into the U.S. from eight countries has gone into full effect until a decision is rendered on pending appeals. That order barred citizens of Chad, Iran, Libya, Somalia, Syria, and Yemen who lack a “credible claim of a bona fide relationship with a person or entity in the United States” from entering the U.S. Oral arguments on the cases challenging the travel restriction were scheduled for December 6, 2017 in the U.S. Court of Appeals for the Ninth Circuit and December 8, 2017 in the Fourth Circuit.

Supreme Court Resurrects Travel Ban 3.0 During Appeal

The Supreme Court just permitted the president’s latest travel ban – dubbed Travel Ban 3.0 – to be fully implemented while the litigation regarding the policy proceeds through the federal appellate court system. The Court’s December 4 ruling is the latest twist in the saga that currently impacts the residents of six predominantly Muslim countries.

Supreme Court Allows Full Enforcement of President Trump’s Most Recent Travel Ban

On December 4, 2017, the Supreme Court of the United States approved the Trump administration’s request to allow full enforcement of its most recent travel ban while challenges against it continue within the federal judicial system. The travel ban at issue in this decision was imposed through a Presidential Proclamation on September 24, 2017. That proclamation replaced the president’s previous revised travel ban issued on March 6, 2017, through Executive Order 13780, which in turn had replaced the president’s original travel ban issued on January 27, 2017.

Travel Ban 3.0 May Take Effect (For Now), U.S. Supreme Court Rules

The latest version of the Trump Administration’s travel ban may take effect pending decisions expected shortly from the Courts of Appeals for the Fourth and Ninth Circuits, the U.S. Supreme Court has ruled.

Ninth Circuit Approves Latest Travel Ban, in Part

The U.S. Court of Appeals for the Ninth Circuit has lifted, in part, a district court's injunction that temporarily blocked enforcement of the Trump administration's latest travel ban. In September, President Trump issued a proclamation restricting travel from eight countries. A federal district court in Hawaii had temporarily blocked the proclamation's enforcement. On November 13, 2017, however, the Ninth Circuit ruled that the travel ban could proceed for individuals who did not have a “bona fide relationship” with a close family member or a U.S. entity.

USCIS Establishes New Five-Prong Test for “Function Managers”

Multinational companies that wish to transfer managerial employees to the United States now have clarification on the criteria required to do so. A new five-prong test adopted by U.S. Citizenship and Immigration Services (USCIS) speaks directly to the issue of which multinational employees can be considered “function managers.” The basis for this clarification was first set forth in the Administrative Appeals Office decision Matter of G- Inc., a case in which. USCIS adopted the Matter of G- Inc. decision in a policy memorandum, making it binding on all USCIS adjudication officers.

Preparing for an Increase in I-9 Worksite Enforcement

After reviewing data related to time spent by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) unit on worksite enforcement, Acting Immigration and Customs Enforcement Director Thomas Homan issued a directive “to increase that [level of enforcement] by four to five times.” A review of Homeland Security Investigations (HSI statistics from the prior administration reveals that the number of employer audits reached a peak in 2013 with 3,127 nationwide, but by 2016, audits had dipped to 1,279 audits (down 59 percent). The ICE directive comes just after an announcement of the largest fine on the I-9 enforcement record, as well as the White House release of President Trump’s interior enforcement principles which include making participation in the now-voluntary E-Verify program mandatory.

Ninth Circuit Approves Travel Ban 3.0, In Part

The Ninth Circuit Court of Appeals has ruled to allow President Donald Trump’s latest travel ban proclamation to go into effect – at least in part.