Late on March 15, Judge Derrick Watson of the U.S. District Court in Hawaii issued a nationwide injunction blocking the revised travel ban Executive Order that was scheduled to take effect on March 16. In addition, on March 16, Maryland U.S. District Judge Theodore D. Chuang, in a less sweeping order, granted a nationwide injunction
Michael H. Neifach
Courts Hold Hearings on Administration’s Travel Ban
By Michael H. Neifach on
President Donald Trump’s revised Executive Order with its revised travel ban is scheduled to become effective just after midnight on March 16. While the revised Order regarding the travel ban is a bit of a retreat from the original, states have wasted no time trying to block the Order and hearings in two of these…
Revised Travel Ban Executive Order Targets Six Countries, Drops Iraq
By Michael H. Neifach & Amy L. Peck on
Posted in Uncategorized
The “Protecting the Nation from Foreign Terrorist Entry into the United States” Executive Order (E.O.), issued by President Donald Trump on March 6, 2017, suspends processing of visa issuance for individuals from six designated countries until June 14, 2017, 90 days from the E.O.’s effective date, March 16, 2017. The E.O. will supersede…
Ninth Circuit Denies Government’s Motion to Stay District Court’s Order Blocking Travel Ban
By Amy L. Peck & Michael H. Neifach on
Posted in US Immigration, USCIS
In a unanimous opinion, a three-judge panel in the Ninth Circuit Court of Appeals upheld the stay of President Trump’s travel ban. The Court found in favor of the State of Washington on all of its arguments and held that the Administration had not shown a likelihood of success on the merits of the…
Travel Ban Update: Court Refused Emergency Government Request to Continue Implementation of EO
By Amy L. Peck & Michael H. Neifach on
Posted in US Immigration, USCIS
The Ninth Circuit Court of Appeals in San Francisco has denied the government’s request for an emergency “pause” of Judge James Robart’s TRO prohibiting implementation of the EO barring individuals from seven countries to enter the United States. The Court ordered briefs to be submitted on an expedited basis with the final brief due by…
Travel Update Under Trump’s Executive Order
While daily governmental guidance for affected individuals, in the United States and abroad, has followed the signing of Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States” on January 27, 2017, reports of inconsistent treatment of individuals abound. The following illustrates some of the confusion regarding individuals “from” Iraq, Iran, Libya, …
Improved Border Security and Immigration Enforcement Focus of Two Executive Orders
By Amy L. Peck & Michael H. Neifach on
Posted in US Immigration, USCIS
Posted at 10:34 am
Border security and immigration law enforcement are the subject of two new Executive Orders from President Donald Trump released on January 25, 2017.
“Border Security and Immigration Enforcement Improvements” directs the Department of Homeland Security to start the process of constructing the border wall between the U.S. and Mexico…
Retired Marine General Chosen to Head Department of Homeland Security
By Michael H. Neifach on
President-elect Donald Trump has chosen retired Marine General John F. Kelly to head the Department of Homeland Security (DHS), the third largest cabinet department. Kelly was head of the U.S. Southern Command until his retirement from the military in February 2016. If confirmed Kelly’s responsibilities will include border security and immigration.
The head of DHS…
Beware of Limits on Workers in U.S. on Tourist Visa
By Michael H. Neifach on
Noting media reports that up to 200 foreign workers hired by a Tesla contractor were able to come to the United States in tourist visa status to perform work at a construction project at a Tesla Motors Inc. paint facility in the United States, Senator Charles Grassley (R-IA) sent a letter, dated June 7, 2016,…
Internal I-9 Audits: Alternative Documentation
By Michael H. Neifach on
Posted in I-9 and E-Verify, US Immigration
Periodic internal I-9 audits are considered an employer “best practice” by Immigration and Customs Enforcement (ICE). Before conducting an internal I-9 audit, however, employers need to understand how to address a range of issues likely to be identified.
In a Technical Assistance Letter (dated October 23, 2015), the Office of Special Counsel for Immigration-Related Unfair…