On 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 Gregory Currey at 410-209-6424 or email@example.com.
ABOUT GREGORY CURREY
Gregory Currey is an experienced and efficient litigator who focuses his practice on Labor and Employment Law and Defense Litigation. He represents employers in State and Federal employment litigation, focusing on all aspects of employee relations, including compliance with Title VII, the ADA, FMLA, FLSA, immigration issues involving I-9s, the E-verify program and H-1B visas, ERISA, retiree health benefits and the NLRA. In addition to handling employment litigation, Mr.Currey represents companies and individuals in general litigation, with extensive experience in construction litigation. In addition to his litigation work, Mr. Currey counsels businesses and organizations to ensure compliance with State and Federal employment laws, reviews and drafts policies for employee handbooks and leads employee and management training programs.
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