News & Analysis as of

Immigration Procedures Immigration Enforcement Employer Liability Issues

Phelps Dunbar

Between Enforcement and Protection: What Employees Need to Know About State and Federal Immigration Policy Shifts

Phelps Dunbar on

The U.S. Department of Labor’s Wage and Hour Division recently announced a suspension in enforcing the 2024 rule from the Biden Administration that is designed to enhance protections for H-2A workers....more

Hanson Bridgett

6 Tips for Preparing the Workplace for Immigration Enforcement Actions

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Constitutional Protections: 4th and 5th Amendments apply to all individuals in the U.S., regardless of citizenship status. Workplace Privacy: Most workplaces are private property, but not all areas of the workplace are...more

Alston & Bird

DOJ’s Whistleblower Financial Incentive Escalates Risk for Employers

Alston & Bird on

Our Immigration Team inspects how the Department of Justice (DOJ) is using its new whistleblower incentives to prioritize investigating employers’ potential criminal immigration activity....more

Potomac Law Group, PLLC

Client FAQ: U.S. Travel Ban - Current Restrictions and Possible Expansion

The U.S. government maintains travel restrictions for certain countries and is reportedly considering expanding these restrictions to additional nations. This FAQ provides an up-to-date list along with practical guidance for...more

Hanson Bridgett

[Webinar] Rapid Response – Employer Readiness for Responding to Immigration Enforcement in the Workplace - June 17th, 12:00 pm -...

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In light of recent immigration enforcement activity and heightened federal scrutiny, employers must be prepared to respond swiftly and lawfully if immigration officers (ICE or otherwise) appear at their workplace. In this...more

Jackson Lewis P.C.

USCIS Issues Updated Guidance on Terminated CHNV Program Following SCOTUS Decision

Jackson Lewis P.C. on

USCIS has issued updated guidance following the U.S. Supreme Court’s May 30, 2025, decision to grant DHS’s request to lift an April 14 U.S. district court order halting the Department’s termination of the CHNV program. With...more

Seyfarth Shaw LLP

Termination of TPS for Afghans Effective July 14, 2025: Implications and Legal Challenge

Seyfarth Shaw LLP on

The U.S. Department of Homeland Security (DHS), under Secretary Kristi Noem, has announced the termination of Temporary Protected Status (TPS) for Afghan nationals residing in the United States. The notice of termination,...more

Keating Muething & Klekamp PLL

New Online Registration Requirements for Foreign Nationals

On January 20, 2025, President Trump issued Executive Order 14159 ”Protecting the American People Against Invasion,” directing the Department of Homeland Security (“DHS”) to ensure that foreign nationals comply with their...more

Holland & Knight LLP

IRS and ICE Memorandum of Understanding Will Drive Tax Payroll Audits and Investigations

Holland & Knight LLP on

In a lawsuit filed by not-for-profit corporations serving Latino immigrants against the U.S. Secretary of the Treasury and IRS, court filings have revealed that the IRS and U.S. Department of Homeland Security (DHS), acting...more

Holland & Hart - Employers' Lawyers

What Employers Need to Know about New Enforcement of Alien Registration Requirements

In April 2025, the Department of Homeland Security (DHS) began actively enforcing long-standing federal noncitizen registration laws that had been essentially inactive for years. Many noncitizens living in the United States...more

Tucker Arensberg, P.C.

Employer Liability of the Hiring and Retention for Illegal Alien Employees

Tucker Arensberg, P.C. on

It is no secret since taking office for the second time, President Trump and his administration have leveled their crosshairs at the immigration policies and protections put in place by the Biden administration. The news is...more

Baker Botts L.L.P.

How to Prepare for an “ICE Storm” at the Workplace: A Guide for Employers

Baker Botts L.L.P. on

Recently, we have seen a heightened focus on immigration enforcement. Guidance and internal orders within the Department of Justice (DOJ) signal that it may increasingly utilize the immigration laws to prosecute (criminally...more

McAfee & Taft

Employer criminally charged for harboring unauthorized workers

McAfee & Taft on

With the recent filing of federal criminal charges against an employer, immigration enforcement actions have escalated to a new level. Leonardo Baez and Alicia Avila-Guel have owned and operated Abby’s Bakery and Dulce’s...more

CDF Labor Law LLP

[Webinar] Work Visas in a Shifting Landscape – What’s Changing for Employers in 2025? - March 19th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on

The ever-changing landscape of employment-based immigration continues to pose challenges for U.S. employers. With increased scrutiny on foreign national workers, compliance audits, and evolving nonimmigrant visa policies,...more

Miller Canfield

What You Need to Know to Prepare for an ICE Raid or Audit

Miller Canfield on

On January 20, 2025, President Trump signed an executive order Declaring a National Emergency at the Southern Border of the United States. This executive order allows for the use of federal funding for border security and the...more

McDermott Will & Schulte

How Employers and Healthcare Providers Can Navigate Immigration Enforcement

Despite the anticipation of increased enforcement of US immigration laws, the rules and practical advice related to an employer’s legal duties under the Immigration Reform and Control Act (IRCA) and what to do if US...more

Amundsen Davis LLC

Workplace ICE Raids and Form I-9 Inspections

Amundsen Davis LLC on

There are many questions surrounding potential U.S. Immigration and Customs Enforcement (ICE) raids impacting the workplace, as well as a heightened prospect of being contacted by the Homeland Security Investigations (HSI)...more

Williams Mullen

Employers: Review Form I-9 Practices to Prepare for the Trump Administration

Williams Mullen on

As has been discussed extensively during this most recent election cycle, the incoming Trump administration has indicated a desire to address illegal immigration, including mass deportations of undocumented workers, within...more

Bradley Arant Boult Cummings LLP

Preparing for a Future ICE Storm? Steps Employers Can Take to Prepare for Expected Increase in Immigration Enforcement

With each new presidential administration, prognosticators attempt to forecast coming enforcement priorities. President-elect Donald Trump’s return to the White House is no exception, and theories abound regarding the manner...more

Perkins Coie

Employers and Immigration Under Trump: What You Need To Know

Perkins Coie on

With the new administration set to start next year, many employers are focused on immigration and how President-elect Trump’s return to the White House may affect their workforce. Though there remains a level of...more

Littler

What Has Been Happening at OCAHO in 2023-2024?

Littler on

From February 2023 to the present, the Office of the Chief Administrative Hearing Officer (OCAHO) issued four decisions concerning the amount of I-9 penalties.2 In all four cases, the employers underwent Immigration and...more

Perkins Coie

Form I-9 Inspection Requirement Compliance as COVID-19 Remote Verification Flexibility Sunsets

Perkins Coie on

The U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have announced that employers will have until August 30, 2023, to physically verify Form I-9 documentation that may have been...more

Littler

What Does the End of Title 42 and I-9 Flexibility Mean for Employers?

Littler on

U.S. immigration policy and the Biden administration’s response to the ongoing migration crisis have been hot topics in the news. We break down potential considerations for employers as the pandemic-era immigration policy...more

Schwabe, Williamson & Wyatt PC

ICE Ends COVID-Era I-9 Accommodations

On May 4, 2023, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced that the temporary I-9 accommodations put in place during the COVID-19 pandemic will expire on July...more

Littler

OCAHO Reduces I-9 Penalties by Average of 34% in 2022-2023

Littler on

In the period of 2022 to the present, the Office of the Chief Administrative Hearing Officer (OCAHO) has issued eight decisions concerning the amount of I-9 penalties. In all cases, the employers underwent Immigration and...more

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