ICE May Visit Your Company or University Campus – a Quick Checklist and Guidance

Lately, ICE has been more active in making arrests of undocumented individuals. Statistically however, the number of arrests are very small and the “bark” is much bigger than the “bite.” Nonetheless, it is helpful for employers and other stakeholders to know what the required protocols and duties are if ICE shows up, employee rights, and bystander rights. Below is a quick checklist to help you along with important guidance.

Major Points

  • Immigration is a civil matter, not criminal. The majority of ICE warrants are administrative civil warrants.
  • ICE priorities are arresting those with criminal convictions and those who have been previously ordered removed (absconders). ICE may pursue these activities in public areas.
  • Anybody arrested by ICE has the right to counsel.
  • ICE agents are federal employees that are working as directed. Nonetheless, it is the policy of most employers that ICE enforcement activities focusing on the personal immigration issues of an individual shall not take place on company property.
  • If an ICE agent does attempt to arrest someone on company property, do not interfere as that will complicate matters. However, please contact your manager and they will coordinate with HR and Legal. Continue Reading

Will U.S. Customs & Border Protection Admit Your Foreign Visitor? How to Avoid that Sunday Evening Phone Call from CBP

It’s 9:30 pm on a Sunday and you just got a call on your cell from U.S. Customs & Border Protection (“CBP”) at LAX. A Vice President from one of your foreign offices has been spending a lot of time here lately developing business leads and strategy. CBP is holding him in secondary inspection and he’s been there for 12 hours. Even though he’s paid overseas, CBP has some questions to ask you to see if he has been “working” here. CBP advises you that they are seriously considering giving him an “expedited removal order” with a 5-year bar on entering the U.S., and putting him on a flight back to Europe tomorrow afternoon. His inability to return to the U.S. would be catastrophic to your business.

The regulations regarding business visitors entering on a B-1 visa or ESTA visa waiver are vague. There is no bright line test for when someone is “working here” versus “having meetings and consultations”. However, there are ways to improve your odds that you will not be flagged and challenged by CBP. Continue Reading

NAFTA Agreement Reached at the Eleventh Hour

A tripartite agreement to save NAFTA has been reached. The agreement, reached late last night, provides Congress the necessary 60 days’ notice of the text to approve so that President Pena Nieto of Mexico can sign before he leaves office on November 30th. All three countries wanted to get a deal done before the change of government in Mexico to President – Elect Lopez Obrador.

U.S. Trade Representative Robert Lighthizer and Canadian Foreign Affairs Minister Chrystia Freeland said the accord would be renamed the U.S.-Mexico-Canada Agreement (“USMCA”). The USMCA will replace the North American Free Trade Agreement, which dates to 1994 and covers $1.2 trillion in trade. The revised trade agreement addresses wide areas of the economy, ranging from patents and financial services to farming and auto manufacturing. Continue Reading

Cuba-U.S. Relations: The Rapprochement Slows Down Under The Trump Administration

Soon after Fidel Castro overthrew the government of Cuba to found a communist state in 1959, Cuba began nationalizing U.S-owned properties in Cuba. In response, the U.S. implemented trade restrictions, closed its embassy in Havana, broke official diplomatic relations with Cuba, and attempted to overthrow the Cuban government. The U.S. also declared a trade embargo on Cuba in 1960, which severely hampered the Cuban economy over the course of the next half-century. Continue Reading

NAFTA Update

The 25% steel and 10% aluminum tariffs announced today, and effective 15 days from now, raise a new cloud over the NAFTA negotiations. Although they temporarily exempt Canada and Mexico, the Administration has made it clear that the tariffs are still a prospect for Canada and Mexico if they do not make concessions on NAFTA. The Canadian and Mexican negotiators have rejected this linkage. Continue Reading

WARNING: There Are New Warning Requirements for Imports Sold in California

What is Prop 65?

Prop 65 is a California law that requires California consumers receive warnings regarding the presence of chemicals that cause cancer or reproductive toxicity. The law is highly technical, constantly evolving and actively enforced by the government and private enforcers. Continue Reading

The Latest Turn in the Travel Ban Road

A few weeks ago, we wrote about the latest district court decisions involving the President’s so-called travel ban, in which a Hawaii court fully enjoined the proclamation, while a Maryland court allowed it to stand as to travelers without bona fide ties to the U.S. The Hawaii court’s order meant that Travel Ban 3.0 was put on hold. Continue Reading

In January, Will You be Able to Board Your Domestic Flight With Your Current Driver’s License?

BACKGROUND

In 2005, Congress passed the Real ID Act, enacting national standards for obtaining state driver’s licenses and I.D. cards. These federally mandated standards require states to use enhanced security features and identification procedures, and to review documentary evidence of legal status, before issuing a driver’s license or identity document. The Act requires that only individuals with a Real-ID-compliant identity document may (1) access federal facilities; (2) enter nuclear power plants; or (3) board commercial aircrafts for domestic flights. Continue Reading

Travel Ban: Déjà Vu All Over Again, Again

On September 24, President Trump issued a “Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats.” Most people know it better as Travel Ban 3.0 or EO3 (for “Executive Order #3”), the President’s third attempt to impose travel restrictions on nationals of certain countries who seek to enter the United States. If it feels like you’ve seen this movie before, that’s because you have. Continue Reading

The Rescission of DACA – A Quick Overview of How This Impacts Your DACA Employees

USCIS announced on September 5, 2017, that they are phasing in a rescission of the Deferred Action for Childhood Arrivals program (DACA). The DACA program began in 2012 and granted temporary status and work permits to the “dreamers” who came here as children without visas. Here’s a summary of how the new rules will impact your employees that have DACA status: Continue Reading

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