Immigration in the Trump Era Klasko Immigration Law Partners, LLP February 24, 2017 William A. Stock Elise A. Fialkowski Michele G. Madera Klasko Immigration Law Partners, LLP Philadelphia New York www.klaskolaw.com
William A. Stock, Esq. Bill Stock is a founding partner of Klasko Immigration Law Partners, LLP and has been providing immigration assistance and solutions to leading universities, research institutions, hospitals, multinational corporations, and individuals for nearly 20 years. Bill is featured in Chambers Global, Best Lawyers in America, Pennsylvania Super Lawyers, Who’s Who of Business Lawyers and other guides to prominent attorneys. He is the President of the American Immigration Lawyers Association (AILA), the 14,500-member national association of immigration lawyers. He is also active in NAFSA’s Region VIII and has been a Regulatory Ombudsman for the region on scholar and faculty issues. Bill is a graduate of the University of Minnesota Law School and is a frequent author and lecturer on business-related immigration topics and has served as an Adjunct Faculty Member at Villanova University School of Law.
Elise A. Fialkowski, Esq. Elise Fialkowski is a partner of Klasko Immigration Law Partners, LLP and has been providing immigration assistance and solutions to leading universities, research institutions, multinational corporations, and individuals for over 20 years. Elise has particular expertise in worksite enforcement and she leads our worksite compliance group. Elise regularly counsels clients regarding I-9 compliance, E-Verify, Social Security no-match letters and H-1B Labor Condition Application (LCA) compliance. She works with employers to develop proactive compliance programs and assists employers with internal audits and training. Elise has also successfully represented companies facing I-9 and H-1B LCA audits and investigations. Elise has long been active in the American Immigration Lawyers Association (AILA) and she currently serves as the Vice-Chair of AILA’s Global Migration Section and serves on the Philadelphia Customs and Border Protection Liaison Committee. She has served on many other committees at the local and national level. Elise has been named in Pennsylvania SuperLawyers, The International Who’s Who of Corporate Immigration Lawyers and the International Who’s Who of Business Lawyers. A Phi Beta Kappa graduate of the University of North Carolina at Chapel Hill, Elise received her law degree from the Villanova University School of Law (J.D., magna cum laude, 1991).
Michele Madera, Esq. Michele Madera is an Associate in the Firm’s Philadelphia office, and focuses her practice on employment-based non-immigrant and immigrant matters. Michele is a graduate of New York Law School and was a member of the Justice Action Center. She is admitted to practice law in New York and New Jersey and is a member of the American Immigration Lawyers Association.
Topics Compliance Enforcement Potential Changes to U.S. Immigration Executive Orders Expansion of Immigration Power Travel Ban Current Situation Compliance Enforcement Potential Changes to U.S. Immigration Strategies to address change
Executive Order – Expansion of Enforcement Expansion of Expedited Removal Show admission/parole or continuous presence in U.S. for prior 2 years If not, can be removed without a hearing Carry immigration documentation with you at all times! Use of state and local law enforcement as immigration enforcement officers Expands detention MAY have committed a crime Violated immigration law Any person during removal proceedings Sanctuary Cities Wall between Mexico and U.S.
Executive Order - Travel Ban Suspends all refugee admission to the U.S. for 120 Days Suspends Syrian refugee admission to the U.S. indefinitely Bans visa issuance or admission to the U.S., other than diplomats, for 90 days for citizens of the following countries: Iran Iraq Libya Somalia Sudan Syria Yemen
Executive Order - Travel Ban Issues Permanent Residents excepted Dual citizens – can get visa and enter in passport of unbanned country Provisional cancellation of visas Ends visa interview waiver program USCIS adjudications will continue
Travel Ban – Temporary Restraining Order Temporary Restraining Order stops the following nationwide: Ban on issuance of U.S. visas and entry to U.S. for 90 days for people from 7 countries Suspension of U.S. Refugee Admissions Program for 120 days Indefinite suspension of U.S. Refugee Admissions Program for Syrian refugees Prioritizing refugee claims based on religion 9th Circuit denied White House request to pause TRO
Current Situation DOS reversed the provisional cancellation of visas CBP communicated to airlines worldwide to resume boarding passengers DOS reversed the provisional cancellation of visas If visa physically cancelled, do not need to reapply Receive form I-193 waiver for visa at port-of-entry TRO remains in effect 9th Circuit denied Government’s emergency request to lift TRO Oral arguments in 9th Circuit after March 29 Travel is still RISKY New order anticipated
Other Possible Executive Orders Leaked draft Executive Orders End to DACA Allow current EADs to expire vs. revoke immediately Public benefits Site visits for all employment-based categories Revise practical training program for foreign students H-4 employment authorization, other EADs not specifically authorized by statute Possible statutory changes Changing legal immigration NAFTA
Increased Enforcement Form I-9 Public Access Files for Labor Condition Applications Prevailing Wage Compliance Employment relationships with third-party vendors Increase in site visits Increase in raids/audits
ICE Enforcement Activity 680 people arrested by ICE last week Chicago, New York City, Atlanta, Los Angeles and San Antonio 75% had criminal record and/or prior removal order, 25% had no record and were “collateral” encounters Anticipate more publicity of raids to show fulfillment of campaign promises
How to Prepare Internal Audits Review I-9 procedures Review ongoing cases H-1B amendments Set up a process for site visits
Questions? For more information, visit www.klaskolaw.com
For Further Information William A. Stock, Esq. wstock@klaskolaw.com 215.825.8607 Elise A. Fialkowski, Esq. efialkowski@klaskolaw.com 215.825.8647 Michele Madera, Esq. mmadera@klaskolaw.com 215.825.8681 Klasko Immigration Law Partners, LLP Philadelphia New York
online www.klaskolaw.com www.worksite-compliance.com www.eb1immigration.com www.eb5immigration.com http://blog.klaskolaw.com
DISCLAIMER / COPYRIGHT NOTICE The materials contained in this PowerPoint does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed. Copyright © 2017 Klasko Immigration Law Partners, LLP. All rights reserved. Copyright © 2016. All rights reserved.