Legal Blog

Immigration Law Updates – Travel Ban Updates and ICE Raids

shutterstock_220106881On Thursday, February 9th, a three-judge motions panel of the 9th Circuit Court of Appeals upheld the decision of the US District Court for the District of Washington staying President Trump’s executive order instituting a travel ban from seven predominantly Muslim countries.  On Friday, February 10, the Court issued an order mandating additional briefing from the parties, due February 16, as to whether the matter should be reconsidered by a ten judge panel.  Experts have opined that such reconsideration is unlikely and barring any additional filing, the executive order will not be enforceable as the litigation proceeds.  President Trump has signaled that a new executive order is in the works and, as discussed below, other immigration actions are moving forward despite the setback for the Trump Administration on this particular front.

 

For example, reports have been rolling in that Immigration and Customs Enforcement (“ICE”) has been detaining and deporting undocumented immigrants with criminal records in the past week.  While the purported focus has been on individuals with criminal records, it appears that undocumented immigrants without criminal records are also being detained.  Press reports of the raids have come from all across the country, including Texas, Los Angeles, New York, Northern Virginia, and the Carolinas.  Finally, there have also been reports that individuals are being stopped and asked for documentation showing lawful immigration status, particularly in Border States.  These sweeps have been conducted in the daytime and appear to have been coordinated in a way to draw attention to the raids.

 

ICE also investigates employer compliance with immigration laws related to hiring undocumented immigrants. Since employment is widely understood to be the big draw for undocumented immigration, experts currently project that ICE investigations of employers, particularly through I-9 investigations, will triple under the current administration.  ICE audits move quickly and employers are initially given three days to provide an investigator with documentation, including all I-9s.  As a result, it’s imperative for employers to ensure that their records are in order before notice of an investigation is provided.  At a recent conference, officials from ICE emphasized that the agency looks much more favorably upon companies that have voluntarily corrected problems.  Employers should review their record-keeping policies and methods of storing I-9s to ensure that, in the event of an investigation, they have an I-9 for any employee hired after 1986 and that the form is correctly filled out.

 

We are closely monitoring all immigration-related executive orders, laws and regulations which may impact employers.  In the coming weeks and months, we will be providing more specific, in-depth analysis of all executive orders and regulations and how they may impact the business community.  In the meantime, if you have questions or concerns about how your company’s compliance with immigration law, please do not hesitate to contact me.

 

In the meantime, if you have questions or concerns about immigration law, please contact Alfredo Acin aacin@offitkurman.com

 

 

 

ABOUT ALFREDO ACIN

aacin@offitkurman.com|703.745.1827

Mr. Acin  is an associate in the firm’s Family Practice Group. He assists clients in a variety of family law matters including divorce, child custody and visitation, child support, alimony, property division, post-divorce decree enforcement, modification of custody, visitation, and support, and drafting pre-nuptial and separation agreements. Although he believes that it is in every party’s best interests to resolve matters between the parties, Mr. Acin recognizes that sometimes this is not possible, in which case he will zealously advocate on his clients’ behalf.

 

 

 

ABOUT ALFREDO ACIN

aacin@offitkurman.com|703.745.1827

Mr. Acin  is an associate in the firm’s Family Practice Group. He assists clients in a variety of family law matters including divorce, child custody and visitation, child support, alimony, property division, post-divorce decree enforcement, modification of custody, visitation, and support, and drafting pre-nuptial and separation agreements. Although he believes that it is in every party’s best interests to resolve matters between the parties, Mr. Acin recognizes that sometimes this is not possible, in which case he will zealously advocate on his clients’ behalf.

 

 

 

 

ABOUT OFFIT KURMAN

Offit Kurman is one of the fastest-growing, full-service law firms in the Mid-Atlantic region. With over 135 attorneys offering a comprehensive range of services in virtually every legal category, the firm is well positioned to meet the needs of dynamic businesses and the people who own and operate them. Our eleven offices serve individual and corporate clients in the Virginia, Washington, DC, Maryland, Delaware, Pennsylvania, New Jersey, and New York City. At Offit Kurman, we are our clients’ most trusted legal advisors, professionals who help maximize and protect business value and personal wealth. In every interaction, we consistently maintain our clients’ confidence by remaining focused on furthering their objectives and achieving their goals in an efficient manner. Trust, knowledge, confidence—in a partner, that’s perfect.

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