Takeaways

  • The DOJ suit against Illinois to block a new state law argues that Illinois is intruding on federal immigration authority.
  • Illinois’ law requires E-Verify employers to post state notices and give employees advance notice of any Form I-9 inspections, among other obligations not required under federal law.
  • A similar California law (AB 450) was upheld, which suggests Illinois’ employee-notice requirements might survive the DOJ’s challenge.

In its complaint in United States v. State of Illinois, No. 1:25-cv-04811, the U.S. Department of Justice (DOJ) alleges that Illinois’ new E-Verify amendment (SB 508) “encroaches on federal immigration authority” by layering state rules on the employment verification process.

SB 508 amended the Illinois Right to Privacy in the Workplace Act effective Jan. 1, 2025, imposing new obligations on any employer enrolled in E-Verify. Illinois now mandates employee notifications that go beyond federal requirements. For example, employers must display both federal and state E-Verify notices at their workplace and provide written notice to all employees within 72 hours whenever the employer receives notice of a government inspection of I-9 employment eligibility forms. Illinois also requires training for staff who use E-Verify and formal attestations of compliance to the state. Failure to meet these state requirements can trigger state civil fines.

DOJ’s Legal Challenge

The DOJ contends that Illinois is stepping into the federal government’s territory of immigration enforcement. In a press release, officials argue that SB 508 “discourages and complicates the use of E-Verify” by imposing confusing rules and threatening hefty penalties on employers. The complaint asserts that the Illinois law violates the Supremacy Clause of the U.S. Constitution and conflicts with the Immigration Reform and Control Act’s federal scheme for employment verification. DOJ officials caution that Illinois’ advance notice requirements (like alerting employees of government I-9 audits) could undermine federal immigration enforcement, for instance, by giving unauthorized workers warning that they may be losing their positions. Illinois’ law even prescribes the time, place, and manner of employee notifications, which DOJ argues goes beyond what federal law permits.

Comparison to California’s AB 450

California enacted a similar law in 2018. It required employers to notify employees in advance of any I-9 inspections and to share inspection results with affected workers, among other things. DOJ sued California, claiming interference with federal authority. The U.S. Court of Appeals for the Ninth Circuit ruled in 2019 that California’s employee-notice provisions were not preempted by federal law and did not improperly hinder federal immigration enforcement. This suggests that courts allow states some leeway to impose notification and poster rules on employers if those rules don’t directly conflict with federal employer obligations. Illinois’ requirements (including posting a state-prescribed E-Verify notice and giving 72-hour audit notices) resemble California’s and could withstand a preemption challenge.

What Employers Should Know

The DOJ’s lawsuit is in the early stages and does not relieve Illinois employers’ obligations to comply with SB 508. Employers must post the required “Right to Privacy in the Workplace Act” E-Verify notice (available from the Illinois Department of Labor) in your workplace, ensure E-Verify users are trained, and be prepared to promptly notify employees of any government I-9 inspections or E-Verify discrepancies as the Illinois law directs. HR departments should keep a close eye on the DOJ lawsuit.

Jackson Lewis attorneys will provide updates as additional information becomes available.

On May 12, 2025, Department of Homeland Security (DHS) Secretary Kristi Noem announced that she will not renew Afghanistan’s Temporary Protected Status (TPS) designation, meaning that the designation, including work authorization documents, will expire July 12, 2025.

Secretary Noem said, “Afghanistan has had an improved security situation, and its stabilizing economy no longer prevent them from returning to their home country. Additionally, the termination furthers the national interest as DHS records indicate that there are recipients who have been under investigation for fraud and threatening our public safety and national security. Reviewing TPS designations is a key part of restoring integrity in our immigration system.”

Prior to publication of the May 13 DHS notice in the Federal Register (which provides a July 14, 2025 termination date), Citizens Assisting and Sheltering the Abused (CASA) de Maryland, an immigrant advocacy group, filed suit on May 7, 2025 in U.S. District Court for the District of Maryland to prevent termination of Afghanistan TPS and Cameroon TPS in anticipation of a Federal Register notice being published terminating TPS for both countries.

In its complaint, CASA states, “A TPS designation cannot be terminated in this manner.… Instead, Congress established a strict process for terminating TPS designations, one that required [DHS] Secretary [Kristi] Noem to publish notice of her decision in the Federal Register at least 60 days before the current designation period ends.… The statute further prescribes what happens when the Secretary fails to follow that process: the TPS designation is automatically extended for at least another six months.”

The group also said the decision was made in part based on “racial animus,” pointing to plans to lift protections for immigrants from non-white nations, while opening the refugee program to Afrikaners in South Africa.

Similar legal challenges were brought against Secretary Noem’s efforts to terminate TPS for Haiti and Venezuela. (See New Lawsuit Challenges Trump Administration’s Termination of TPS for Haiti and Venezuela and Judge Blocks DHS Secretary Noem’s Termination of Venezuelan TPS.)

Jackson Lewis attorneys will continue to monitor the situation and provide updates.

Takeaways

  • The United States continues to attract the largest share of international graduate students, particularly in STEM fields, but its dominance may be slipping.
  • Other countries are expanding their post-study work options and streamlining their immigration pathways to compete for the world’s best and brightest.
  • U.S. employers seeking to secure international talent should act early and explore retention strategies such as green card sponsorship and STEM OPT extensions.

The United States continues to be a magnet for international students, especially in science and engineering graduate programs, but its dominance is no longer a given. According to a new report from the Association of American Universities (AAU), although U.S. institutions remain top destinations for international doctoral students, particularly in critical STEM fields, the country’s global share of this group is shrinking as other countries invest aggressively in international talent acquisition and retention.

Numbers Are Still Strong, But Trending Down

According to the AAU report:

  • As of 2022, 65% of international STEM doctorate recipients in the United States were still in the country 10 years later.
  • The country’s share of globally mobile students, however, has dropped from 28% in 2000 to just 15% today.
  • Canada, the UK, and Australia are streamlining their permanent residence pathways and marketing their post-study work options more effectively.

Why This Matters for Employers

The U.S. immigration system continues to provide valuable pathways for retaining international talent, including STEM OPT, H-1B visas, and employment-based green card sponsorship. However, the process for any of these can be both lengthy and uncertain. Delays in PERM labor certification and I-140 adjudication often discourage top-tier candidates from committing to long-term employment. Candidates are drawn by other countries that offer faster, more predictable options.

To stay competitive in the global talent market, U.S. employers should consider initiating the green card process earlier than they do now for high-skilled international employees, particularly those working under F-1 OPT or J-1 waiver status. Starting the sponsorship process during OPT or the first H-1B period ensures greater flexibility and security for both the employee and the organization. Employers should also take full advantage of the 36-month work authorization available under STEM OPT extensions and explore alternative pathways such as the National Interest Waiver and STEM-based EB-2 categories, which are increasingly viable for professionals in research and engineering. Staying up to date on visa bulletin trends and processing times is key to making informed and timely sponsorship decisions.

Please contact a Jackson Lewis attorney with any questions about STEM hiring and retention strategies and other workplace immigration matters.

Resources:

Takeaways:

  • Increased Worksite Enforcement: Businesses can expect a surge in ICE raids and I-9 audits at workplaces.
  • Impact on Sanctuary Cities: Federal agents will target sanctuary cities for immigration enforcement operations.
  • Employer Preparedness: Businesses, especially those operating in sanctuary cities, should have an action plan ready for potential ICE enforcement actions.

Tom Homan, President Donald Trump’s border czar, has announced a significant escalation in the administration’s interior immigration enforcement strategy to increase deportation of undocumented immigrants. The initiative involves deploying more federal agents to places of work, particularly those in “sanctuary cities.”

Targeting Sanctuary Cities

Although there is no official definition, in general a sanctuary city limits its cooperation with federal immigration enforcement agencies often to protect undocumented immigrants from deportation. Limited cooperation can take many forms, such as refusing to share information about undocumented immigrants with federal authorities or restricting local law enforcement’s involvement in immigration enforcement. These cities often refuse to detain undocumented immigrants who have not committed serious crimes, which has been a point of contention between local and federal authorities.

Homan’s announcement underscores the administration’s frustration with these jurisdictions. He stated that if federal agents cannot arrest individuals in jails, they will do so on the streets, and if they cannot do so on the streets, they will do so in targeted worksite enforcement operations. This approach is part of the federal government’s broader strategy to expedite removal of undocumented individuals regardless of whether they have committed serious crimes.

Immediate Implications for Employers

Homan outlined a two-pronged approach. First, there will be a higher presence of federal agents in sanctuary cities. This means that Immigration and Customs Enforcement (ICE) agents will be more visible and active in these jurisdictions, conducting operations aimed at identifying and detaining undocumented immigrants.

Second, Homan emphasized worksite enforcement operations. “If we can’t do it in the streets, then we’re going to increase worksite enforcement operations in those sanctuary cities. We’re going to flood worksite enforcement operations,” he said.

Increased Worksite Enforcement

Businesses can expect a substantial increase in I-9 audits and raids at workplaces. Employers should prepare for ICE enforcement actions, including audits of employment records and I-9s, raids, and arrests of undocumented workers and even the employers who hire them. Employers need to prepare well beyond routine I-9 Notices of Inspection from ICE, although I-9 audits are trending up as well.

Employer Preparedness

Employers, especially those in sanctuary cities, should be vigilant and prepared for increased ICE audits and raids and potential business disruptions. Understanding the broader context of the rising enforcement efforts can help businesses navigate the complexities of immigration compliance and enforcement.

Please contact a Jackson Lewis attorney with any questions about preparing for audits, raids, and other workplace compliance issues.

On April 11, 2025, DHS sent a Notice of Parole Termination to individuals who utilized the Biden-era online appointment CBP One App to enter and stay in the United States on Humanitarian Parole while applying for asylum.

Previously, after attending an appointment at the U.S.-Mexico border, individuals were paroled into the United States for an initial period of two years. Once in the United States, individuals were eligible to apply for work authorization. Approximately 900,000 individuals entered the United States using the CBP One App. DHS has not revealed how many individuals have received the April 11, 2025, termination notice.

The termination notice directs individuals who have not obtained an immigration status other than parole to depart the United States within seven days or risk removal.

The notice states that recipients can utilize the new CBP Home App to arrange for their departure from the United States.

The announcement is the most recent of several DHS decisions terminating other programs including Temporary Protected Status (TPS) for Venezuelan and Haitian nationals, and the CHNV Humanitarian Parole program. Termination of TPS and CHNV parole have been temporarily enjoined as part of ongoing federal litigation. Judge Edward Chen, a district court judge in the Northern District of California, has issued a ruling halting the termination of Venezuela TPS. In response to the ruling, DHS has announced that Venezuela TPS has been automatically extended until Oct. 2, 2026, for individuals who registered under the 2023 designation, and until Sept. 10, 2025, for individuals who registered under the 2021 designation. Judge Indira Talwani, a district court judge in the District of Massachusetts, has issued a ruling halting the termination of Humanitarian Parole for citizens of Cuba, Haiti, Nicaragua, and Venezuela, also known as the CHNV program. Accordingly, an individual’s parole can only be terminated prior to their expiration date based on a case-by-case review.

Individuals paroled into the United States under the CBP One App who are not otherwise covered by the ongoing Venezuela or Haitian TPS or CHNV litigation should consult with an immigration attorney before making plans to depart the United States.

U.S. District Court Judge Indira Talwani issued an order on April 14, 2025, blocking DHS’s March 25, 2025, decision to terminate Humanitarian Parole for individuals from Cuba, Haiti, Nicaragua, and Venezuela paroled into the United States under the CHNV program. The judge also certified the case as a class action.

The CHNV program allows approximately 450,000 people to live and work legally in the United States. On March 25, 2025, DHS announced that it was terminating, as of April 24, 2025, the CHNV program and revoking work authorization issued under the program.

Pursuant to Judge Talwani’s order, DHS has been enjoined from terminating CHNV parole for all beneficiaries by Federal Register notice. While the order is in effect, CHNV beneficiaries’ humanitarian parole and related work authorization document will expire on the date listed on the humanitarian parole approval notice/I-94 and related work authorization document. Judge Talwani’s ruling specifies that DHS cannot revoke a CHNV beneficiary’s humanitarian parole and related work authorization prior to the stated expiration date without a review of the beneficiary’s individual case.

Finally, the ruling states that all CHNV revocation notices sent to CHNV beneficiaries are stayed pending further court order.

Judge Talwani stated that DHS’s decision to terminate the CHNV program will force CHNV beneficiaries to “choose between two injurious options: continue following the law and leave the country on their own, or await removal proceedings.… The first option will expose Plaintiffs to dangers in their native countries.… The second option will put Plaintiffs at risk of arrest and detention and, because Plaintiffs will be in the United States without legal status, undermine Plaintiff’s chances of receiving other forms of immigration relief in the future – potentially permanently.”

Jackson Lewis attorneys will provide updates as additional information becomes available.

USCIS has published a new version of Form I-9 and effected new updates to the form and E-Verify.

Employers can use the new 01/20/2025 edition date (expiring 5/31/2027) Form I-9, but the following previous versions continue to be valid:

  • 08/01/23 edition date, valid until 05/31/2027; and
  • 08/01/23 edition date, valid until 07/31/2026.

Employers using an electronic version of Form I-9 must update their systems with the new version by 07/31/2026, and E-Verify+ participants will see the 01/20/25 edition date and 05/31/2027 expiration date reflected in Form I-9NG. 

The 01/20/2025 edition date lists “Alien Authorized to work” as an option under Section 1, replaces the word “gender” with “sex” under the description of two List B documents (consistent with the recent changes to the USCIS Policy Manual), and includes a revised DHS Privacy Notice to the instructions.

Additionally, since April 3, 2025, the checkbox “A noncitizen authorized to work” on E-Verify and E-Verify+ has been updated to “An alien authorized to work.” Because employees may be completing prior versions of Form I-9, however, even if an employee selects “A noncitizen authorized to work” on the form, employers must select the checkbox “An alien authorized to work” in E-Verify.

Jackson Lewis attorneys are available to assist in developing strategies to deal with changes in U.S. immigration.

On Apr. 10, 2025, U.S. District Court Judge Indira Talwani stated her intention to block DHS’s Mar. 25, 2025, decision to terminate Humanitarian Parole for individuals from Cuba, Haiti, Nicaragua, and Venezuela, also known as the CHNV program. The program allows approximately 450,000 people to live and work legally in the United States. It is set to expire on Apr. 24, 2025.

During an Apr. 10, 2025, hearing in a case brought by parolees and their U.S. sponsors to stay termination of the CHNV program, Judge Talwani said, “I am going to issue an order staying the revocation of parole under the Federal Register Notice and of people’s individual parole.” The judge stated that she is unlikely to block the Trump Administration from canceling the program going forward.

Judge Talwani called DHS’s decision to terminate the CHNV program a “Hobson’s choice” where “your parole gets ended, and you either go back to the country you fled … or they stay here in illegal status, at which point they lose all opportunity to adjust their status legally.”

Judge Talwani continued, “I don’t understand the reason … to say ‘No, that’s not enough for people who have been following the law, but instead we want to make them illegal now. We want to make them flee the country.’”

Although the judge is considering certifying the case as a class action, saying “there’s a sufficient basis” to certify a class of immigrants from Cuba, Haiti, Nicaragua, and Venezuela, she declined to issue an order requiring DHS to notify parolees of the ruling. On that, she stated, “I am trying to stay in my lane and address the problem that’s been created here. I don’t want to throw out the baby with the bathwater because I’m awarding more than I have jurisdiction to do.”

Department of Justice attorney Brian Ward argued that DHS Secretary Kristi Noem has discretion to cancel the CHNV program at any time. Plaintiffs’ attorney Justin Cox contends that DHS’s rationale to ending the CHNV program (to subject former parolees to expedited removal to enable DHS to deport them without a hearing before an immigration judge) is a clear example of legal error and grounds to block termination of the CHNV program.

Jackson Lewis attorneys will provide updates as additional information becomes available.

Implementation of the European Travel Information and Authorization System (ETIAS) has been delayed again. Initially expected to be operational in 2022, ETIAS is now scheduled to start in the last quarter of 2026. This delay allows more time for the Entry/Exit System (EES) to be fully implemented, which is expected to become operational in October 2025.

ETIAS will be a requirement for non-EU nationals from visa-exempt countries, including the United States, for short-term stays in the Schengen Area.

ETIAS is not a visa. Americans will maintain their visa-free privileges but will need to obtain the new travel authorization. This applies to U.S. visitors traveling to Europe for short stays of up to 90 days per 180-day period for any of the following purposes:

  • Tourism
  • Leisure activities
  • Business
  • Health and medical treatment
  • Transit en route to a third-country destination (only required if leaving the airport’s international transit area)

U.S. citizens will need to provide the following to register:

  1. Valid Passport: U.S. passport must be valid for at least three months after planned departure from the Schengen Area
  2. Payment Method: A debit or credit card to pay the application fee, which is slated to be approximately $8
  3. Email Address: To receive approved ETIAS authorization

Additionally, travelers will need to fill out an online application form with:

  • Personal Information: Full name, date and place of birth, gender, and contact details
  • Passport Details: Passport number, issue date, and expiry date
  • Travel Plans: Intended first entry country and travel dates
  • Security Questions: Information about health, criminal record, and previous travel issues

The application process is designed to be quick and straightforward, with most approvals granted within minutes.

ETIAS will not be mandatory for U.S. citizens right away. There will be a six-month transitional period followed by a six-month grace period. During the transitional period, Americans will be allowed to cross the external border without ETIAS. They must meet all other entry conditions. During the grace period, Americans will be allowed to cross the external border without ETIAS only if it is the first time they are entering since the end of the transitional period.

ETIAS is valid for up to three years and for multiple trips to Europe. ETIAS authorizations validated during the transitional or grace periods can be used for trips once it becomes mandatory.

Jackson Lewis attorneys are available to answer questions about visa-free travel.

USCIS has issued guidance stating that the expiration dates for Venezuelan Temporary Protected Status (TPS) will revert to those in place on Jan. 17, 2025, when former Department of Homeland Security (DHS) Secretary Alejandro Mayorkas extended the designation by 18 months. The move is pursuant to the Mar. 31, 2025, district court order temporarily halting the DHS’s recission of TPS for Venezuelans. Employers should stay updated on the progress of the litigation.

Expiration dates under the Jan. 17, 2025, extension are as follows:

  • The 2021 designation currently expires Sept. 10, 2025. Work authorization documents with expiration dates Sept. 10, 2025, Apr. 2, 2025, Mar. 10, 2024, and Sept. 9, 2022, are auto-extended until Apr. 2, 2026, pending the outcome of litigation.
  • The 2023 designation is extended through Oct. 2, 2026. Work authorization documents with expiration dates Sept. 10, 2025, Apr. 2, 2025, Mar. 10, 2024, and Sept. 9, 2022, are auto-extended until Apr. 2, 2026, pending the outcome of litigation.

Accordingly, employees with Venezuela TPS must be re-verified by Apr. 3, 2026. Employers should enter an expiration date of Apr. 2, 2026, on Supplement B of the I-9 form.

Jackson Lewis attorneys will monitor the situation and provide additional updates.