Executive Orders on Immigration – An Update ASU March 21, 2017 Christopher J. Brelje (623) 536-5750 www.breljelaw.com cbrelje@breljelaw.com Copyright © 2017 Brelje and Associates

What we do Provide consultation regarding availability of work-authorized status for prospective employees Obtain work visas and lawful status for employees, as well as extensions Perform immigration due diligence in M&A deals and divestitures Work with law firms, developers and foreign nationals on E-2 and EB-5 investor cases Counsel employers on I-9 and E-Verify best practices and conduct internal I-9 audits Defend employers against ICE civil penalty I-9 proceedings Copyright © 2017 Brelje and Associates

Topics Immigration-related Executive Orders March 6, 2017 “Muslim Ban” EO New International Entrepreneur Rule Copyright © 2017 Brelje and Associates

Copyright © 2017 Brelje and Associates

New Immigration Executive Orders EO 13767: “Border Security and Immigration Enforcement Improvements” EO 13768: “Enhancing Public Safety in the Interior of the United States” EO 13769: “Protecting the Nation from Foreign Terrorist Entry into the US” March 6 EO 13780: Revoke and Replace EO 13769 Copyright © 2017 Brelje and Associates

EO 13767: Border Security Immediate construction of a physical wall on the southern border Detain individuals on suspicion of violating federal or state law Return non-Mexican entrants to Mexico Identify and quantify all sources of direct and indirect federal aid or assistance to the Government of Mexico Deputize state and local law enforcement to investigate, apprehend and detain aliens [INA 287(g)] Hire 5,000 additional border patrol officers Copyright © 2017 Brelje and Associates

EO 13768: Public Safety in the Interior Execute immigration laws “…against all removable aliens.” Withhold federal funds from jurisdictions that do not comply with immigration laws Fines and penalties for those who facilitate unlawful presence Hire 10,000 additional ICE officers Copyright © 2017 Brelje and Associates

March 6 EO 13780: “Protecting the Nation from Foreign Terrorist Entry into the US” EO 13769 is revoked and replaced effective March 16, 2017. Section 2: 90-day ban now applies to six countries • Iran • Sudan • Libya • Syria • Somalia • Yemen Section 6: 120-day suspension of U.S. Refugee Admissions Program “Worldwide review” of each country for additional information needed to determine “security or public-safety threat.” By April 5, DHS must produce a list of countries that do not provide adequate information. Copyright © 2017 Brelje and Associates

90- day suspension does not apply to: March 6 EO 13780: “Protecting the Nation from Foreign Terrorist Entry into the US” 90- day suspension does not apply to: Current non-immigrant visa-holders Legal Permanent Residents (LPRs) Parolees, including Advance Parole Dual nationals traveling on non-designated country passports Diplomatic visa-holders Those already granted asylum or refugee status Copyright © 2017 Brelje and Associates

Does Revoke and Replace Cure the Unconstitutional Provisions of EO 13769 “Muslim Ban”? 1. Sec 3(c) suspended entry of foreign nationals of seven countries as immigrants and non-immigrants. New EO allows entry of those who hold visas as of March 16. 2. Sec 5 (a)-(c) suspended refugee program for 120 days, prioritized minority-religion claims, and banned Syria refugees. New EO includes 120-day refugee suspension for all new refugees and does not single out Syria or other countries and does not include religious-minority priority. After 120 days, only refugees from countries approved by DOS, DHS and DNI may enter as refugees. 3. Sec 5 (e) allowed refugees with minority-religion claims to enter during the suspension period. New EO does not include such a provision. Copyright © 2017 Brelje and Associates

Courts Issue TROs on EO 13769 “Muslim Ban” Court orders prohibiting implementation of parts of Executive Order: New York—nationwide Temporary Restraining Order (“TRO”) prohibiting removal of valid visa holders detained at airport California--nationwide TRO prohibiting removal, detaining, or blocking entry of any person with valid immigrant visa, and prohibiting cancelling of validly obtained and issued immigrant visas Seattle—nationwide TRO staying implementation of 5 sections of the EO, upheld by Ninth Circuit Copyright © 2017 Brelje and Associates

Courts Issue TROs on EO 13780 Replacement “Muslim Ban” Hawaii – March 15, 2017 U.S. District Judge Derrick Watson grants nationwide TRO enjoining enforcement of Section 2 (90-day six-country ban) and Section 6 (120-day refugee ban) Court focused on Establishment Clause First Amendment Violation Plaintiffs include an Imam with USC children and a Syrian wife and mother-in-law Copyright © 2017 Brelje and Associates

Courts Issue TROs on EO 13780 Replacement “Muslim Ban” Hawaii court finds: Religiously neutral text and no express reference to religion; “facially neutral” language Pre-textual justification and improper motive Facts cited include: President’s “Muslim Ban” comments and request to Rudy Guliani to find a way to do it legally Six countries are 90.7% to 99.8% Muslim Examples given by Government are two Iraqis and a Somali refugee child who became a USC Copyright © 2017 Brelje and Associates

Courts Issue TROs on EO 13780 Replacement “Muslim Ban” Maryland District Court - March 15, 2017 U.S. District Judge Theodore D. Chuang grants a nationwide injunction barring enforcement of Section 2(c), the 90-day six-country ban. With regard to immigrant visas, the specific non-discrimination provision of the INA [§1152(a)] trumps the general provision that the President has broad immigration powers [§1182(f)] Copyright © 2017 Brelje and Associates

Courts Issue TROs on EO 13780 Replacement “Muslim Ban” Maryland District Court also finds an Establishment Clause violation: Facial neutrality is not dispositive of religious discrimination Record of public statements reveals religious motivation for the travel ban Court did not reach the Equal Protection Clause claim Copyright © 2017 Brelje and Associates

American Immigration Lawyers Association: Know Your Rights! American Immigration Lawyers Association: www.aila.org Three Handouts: Worksite Raid Home Visit Public Stop Copyright © 2017 Brelje and Associates

Investors and Entrepreneurs E-2 Treaty Investor - - limited to nationals of certain countries for temporary stay in U.S. EB-5 “Employment Creation” or “Million Dollar Visa” for permanent residency New International Entrepreneur Rule Copyright © 2017 Brelje and Associates

International Entrepreneur Rule Final Rule published in Federal Register January 17, 2017 Applications will be accepted starting July 15, 2017 Entrepreneur must own at least 10% of the start-up enterprise “Qualified investor” must invest at least $250,000, or entrepreneur must show a government grant or award of at least $100,000, or partial compliance and evidence of substantial potential for rapid growth and job creation Entrepreneur and spouse get parole (not status) and EAD for 30 months, with possible 30-month extension Copyright © 2017 Brelje and Associates

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Christopher Brelje: cbrelje@breljelaw.com 3080 North Litchfield Road Goodyear, Arizona 85395 (623)536-5750 www.breljelaw.com Christopher Brelje: cbrelje@breljelaw.com Rachel Bus: rbus@breljelaw.com Tara Williams: twilliams@breljelaw.com Kerri Smith: ksmith@breljelaw.com Melissa Salcido: msalcido@breljelaw.com Copyright © 2017 Brelje and Associates