2017 Immigration Update 2017 ACC Fall Symposium October 6, 2017

Associate Simmons Perrine Moyer Bergman, PLC Today’s Presenter: Dawn M. Gibson Associate Simmons Perrine Moyer Bergman, PLC Phone: 319-896-4004 Email: dgibson@simmonsperrine.com

Today’s Agenda: Travel Ban (version 3.0) DACA phase out in 6 months New Form I-9 and Revised Handbook for Employers Recent ICE Enforcement Efforts

A. Travel Ban (version 3.0) September 24, 2017--Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats (https://www.whitehouse.gov/the-press-office/2017/09/24/enhancing-vetting-capabilities-and-processes-detecting-attempted-entry)

A. Travel Ban (version 3.0) (cont.) “Bona Fide” exception expires October 18. New restrictions are indefinite and "conditioned based, not timed based.” Consular officers have discretion to waive restrictions on a "case-by-case basis" if "undue hardship" and no threat to national security. Supreme Court to hear case this month.

B. DACA phase out in 6 months On September 5, 2017, the Trump administration announced that it will phase out the Deferred Action for Childhood Arrivals (DACA) policy that was initiated under President Barack Obama in 2012. Program ends March 5, 2018. What is DACA? Protects immigrants who arrived in the United States in their youth from deportation. (deportation relief but not legal status) Work permits 794,846 current “Dreamers” Created by executive action

B. DACA phase out in 6 months (cont.) Congressional Action Necessary October 3, 2017: Sen. Chuck Grassley (R-Iowa) "Any potential deal on DACA has to include robust border security, and by that I don’t mean a wall." Suggests: "tactical infrastructure," stricter interior enforcement, e-verify Democrats have warned that they view wall funding or other enforcement, including targeting cities that don't comply with federal immigration laws, as unacceptable for a potential agreement.

C. New Form I-9 and Revised Handbook for Employers Minor Changes Must be used as of September 18, 2017 Changed the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section. Removed “the end of” from the phrase “the first day of employment.” Employees should not start work until they complete Section 1. Some revisions to the List of Acceptable documents

C. New Form I-9 and Revised Handbook for Employers (cont.) Highlighted FAQs Use new form for reverification? Yes, fill out Section 3 of new form and attach to prior I-9 In Section 2, if you have multiple locations, which location should be entered; can the corporate address be used? Use location of where the employee works. If there is no place where the employee routinely works, can use the corporate location. When an employee has a name change does a new Form I-9 need to be completed? Name changes are not necessary to note on Form I-9 and may but are not required to be done during the course of a rehire or reverification in Section 3.

C. New Form I-9 and Revised Handbook for Employers (cont.) Does the date the form was completed have to be the same date as the first day of employment? As long as a job offer has been made and accepted, you can complete Form I-9 and enter a future date in the first day of employment field if you anticipate the employee will start sometime in the future. Can we assign work if the employee has an expired employment authorization document but he said he will be getting a new document in a few days? No, if an employee is not authorized to work you cannot assign work to him; you will need to wait until he has employment authorization. Full executive summary with more FAQs: https://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/PED_FormI9ExecutiveSummary09132017.pdf

C. New Form I-9 and Revised Handbook for Employers (cont.) Resources: New Handbook https://www.uscis.gov/sites/default/files/files/form/m-274.pdf I-9 Central https://www.uscis.gov/i-9-central Form I-9 Webinar On Demand https://www.uscis.gov/i-9-central/learning-resources

D. Recent ICE Enforcement Efforts September 28, 2017: Asplundh Tree Experts, Co. pays largest civil settlement agreement ever levied by ICE. https://www.ice.gov/news/releases/asplundh-tree-experts-co-pays-largest-civil-settlement-agreement-ever-levied-ice ICE arrests over 450 on federal immigration charges during Operation ‘Safe City’ https://www.ice.gov/news/releases/ice-arrests-over-450-federal-immigration-charges-during-operation-safe-city#wcm-survey-target-id

Simmons Perrine Moyer Bergman, PLC Questions? Dawn M. Gibson Simmons Perrine Moyer Bergman, PLC Phone: 319-896-4004 Email: dgibson@simmonsperrine.com

Disclaimer: This presentation is designed and intended for general information purposes only and is not intended, nor should it be construed or relied on, as legal advice. Please consult your attorney if specific legal information is desired.