Six hundred and eighty workers from seven poultry processing plants across Mississippi were arrested by ICE in what was the largest workplace raid in a decade. Raids of this size require complex logistics and months of preparation. This raid has been in the planning stages for a year. “Sources close to the Department of Homeland Security said they recognized that the optics were difficult following the El Paso shooting. But preparation for the operation had been underway, with hundreds of government operatives flown in days ago.”
Articles Discussing General Topics In Employing Immigrants.
DHS High-Pressure Activities Continue
The Department of Homeland Security Immigration and Customs Enforcement (ICE) has sent an unprecedented number of I-9 audits, called Notices of Inspection (NOIs), in the previous three weeks reportedly to more than 3,000 companies. At least another 3,000 are likely on the way since ICE has requested (and received) an additional $6.5 million to hire new 27 Junior Compliance Officers (JCOs), some of whom will be staffing four new HSI (Homeland Security Investigation) offices in Charlotte/Charleston, Kansas City, Las Vegas, and Nashville/Louisville.
House Passes Bill to Eliminate Green Card Backlogs, Competing Bill in Senate Introduced
The House of Representatives has taken a step in the direction of eliminating green card backlogs by passing the Fairness for High-Skilled Immigrants Act of 2019 (H.R. 1044) introduced by Representatives Zoe Lofgren (D-CA) and Ken Buck. (R-CO). The support was bi-partisan and passed in a 365 to 65 vote.
Blocked from Adding Citizenship Question to Census, Administration Moves to Gather Data
President Donald Trump announced that the Administration will not be proceeding with any further census litigation. The 2020 Decennial Census, which is already being printed, will be sent out without a citizenship question. Nevertheless, President Trump does want to obtain statistics on the number of residents in the country who are and are not U.S. citizens.
Administration Ups Data Collection and General Surveillance
The Trump Administration has been stepping up the collection of data in general and more specifically from visa applicants and travelers.
New DS-160 Form Seeks Social Media Information, Affecting Millions of Visa Applicants
Two years ago, then-Secretary of State, Rex Tillerson, proposed collecting 15 years of travel, address and employment history and 5 years of social medical platforms, identifiers, phone numbers and emails from visa applicants selected for “extreme vetting.” It was predicted that this would affect only 0.5% of all visa applicants – approximately 65,000 annually. As of June 1, 2019, with the introduction of a new DS-160 Form, some of this information will be collected from all visa applicants – affecting approximately 15 million foreign nationals planning to come to the U.S.
UPDATE: House Passes Bill on DACA, Unlikely To Be Taken up by Senate
We wrote yesterday on the U.S. Supreme Court declining to expedite review of DACA, as well as the recent and current legislative activity regarding the program. Later in the day on June 4th, the U.S. House of Representatives passed the Dream and Promise Act which would grant permanent residence status and a path to citizenship for “Dreamers” as well as for beneficiaries of the Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) programs. The bill had some bi-partisan support. Because of White House opposition, however, the bill is unlikely to be taken up by the Senate in its current form.
DACA Program Continues as U.S. Supreme Court Declines to Expedite Consideration of Cases
The “Dreamers” have received another reprieve from the U.S. Supreme Court.
Trump Administration Announces Plan for Immigration Reform
In an announcement on Thursday, May 16, 2019, President Trump unveiled an outline of his new legislative plan to modernize the nation’s immigration framework, promising to “establish[] a new legal immigration system that protects American wages, promotes American values, and attracts the best and brightest from all around the world.”1 In introducing the plan, President Trump announced, “[w]e are proposing an immigration plan that puts the jobs, wages, and safety of American workers first.”2
Trump Introduces Outlines of Immigration Reform in Advance of 2020 Campaign
President Donald Trump has introduced the broad outlines of his proposal for immigration reform. The “merit and heart system” focuses on security and establishing a more fully merit-based system for permanent residence (“green card”) status.
What Processing Delays in Immigration Cases Mean
Long USCIS processing delays are now the norm for all types of immigration cases. Indeed, the delays have reached crisis levels. Processing times increased by 46% over the past two fiscal years and 91% since FY 2014.
Changes Coming for Travel to Europe
The days of spontaneously traveling to Europe on a whim are coming to an end for U.S. citizens. For many years, U.S. citizens have been able to travel to most European countries with only a valid U.S. passport as a travel document. In 2021, the European Schengen Zone will be requiring a registration similar to the U.S. Electronic System for Travel Authorization registration system (ESTA) from U.S. citizens traveling to the Schengen Zone. Currently, the Schengen Zone includes 26 European countries: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.
Social Security Mismatch Letters: Action Items for Employers
An employer receives a notification from the Social Security Administration that an employee’s name does not match his or her Social Security number in the employer’s records. What to do? In this podcast, Jorge Lopez, chair of Littler’s Global Mobility and Immigration Practice Group, and Hector Galeano, senior attorney in the practice group, discuss the latest round of SSA mismatch letters and what steps employers can take after receiving such a notice. Topics include how the matter should be treated (i.e., a payroll versus immigration issue), typical reasons for a discrepancy, and when and how immigration status might play into an employer’s duty to respond.
Link to Marijuana Industry as Basis for Denial of Naturalization Application?
DHS is apparently citing federal cannabis laws as grounds for denying citizenship. Further, USCIS announced on April 19 that the USCIS Policy Manual now clarifies that violation of federal controlled substance law, including for marijuana, remains a conditional bar to establishing good moral character for naturalization even where that conduct would not be an offense under state law.
Full Enforcement of REAL ID Act Set for October 1, 2020
Because some of the 9/11 terrorists used fraudulent driver’s licenses to travel, Congress passed the REAL ID Act in 2005 to comply with the 9/11 Commission’s recommendation that the federal government establish minimum standards for the issuance of forms of identification, such as state driver’s licenses. After many starts, stops, and delays, the deadline set by the government for full enforcement of the Act is October 1, 2020. By that date, individuals must have compliant IDs in order to access certain federal facilities, enter nuclear power plants, and, importantly, board any commercial aircraft – even for in-country flights.