United States: The Immigration Report: 200 Days Of The Trump Administration

Last Updated: September 19 2017
Article by Sara B. DeBlaze and Ryan M. Helgeson

Wherever you fall on the political spectrum, there is no denying that the first 200 days of President Trump's administration have been an interesting time for employers impacted by immigration regulations. The whirlwind of activity—much of it playing out in federal courts across the country—has created uncertainty that can make it difficult for businesses to operate and plan for workforce movement. In an effort to remove some of that uncertainty, this article provides a brief summary of what has actually changed and makes several recommendations regarding how employers can prepare for the new environment in which they likely will be operating.

Limits on Legal Immigration – the RAISE Act

Most recently, President Trump promoted legislation introduced to overhaul the family- and employment-based immigration systems currently in use. The Reforming American Immigration for Strong Employment (RAISE) Act radically limits family-based immigration to spouses and minor children of U.S. residents, ends the diversity lottery and restricts the number of refugees able to gain residency. For employment-based immigration, the RAISE Act creates a skills-based point system that factors in English-language proficiency, education, age and salary. Many other pieces of legislation have been proposed to amend the employment visa system. None is close to becoming law, and any legislation is unlikely to be enacted in its current form. However, there are common components to the proposed laws that employers should note, including a preference system that favors individuals educated in the United States and a substantial increase in the wages that must be paid to workers.

Executive Orders, the "Travel Ban" and National Security

The most contentious immigration issue of President Trump's brief time in office has been the travel ban on foreign nationals from Iran, Libya, Somalia, Sudan, Syria and Yemen. In June, the U.S. Supreme Court partially granted the current administration's request to reinstate the travel ban by limiting its scope through a "bona fide relationship" test. Specifically, foreign nationals from the six listed countries would be barred from entering the United States if they lacked a close familial relationship with a person in the United States (including parents, spouses, children and siblings) or a bona fide relationship with a U.S. entity (including students and applicants with established eligibility for an employment-based visa). The Supreme Court will revisit the issue in October.

Another key measure in the push to improve security of the United States has been the recent implementation of "extreme vetting." Extreme vetting employs an in-depth visa questionnaire for U.S. consular officers to examine applicants for immigrant and nonimmigrant visas. The questionnaire seeks social media usernames, 15 years of travel and employment history, sources of funding for travel, and other biographical information. Extreme vetting will create delays in international travel as individuals wait to clear security checks.

President Trump's "Buy American, Hire American" Executive Order announced his intention to reform the H-1B visa program and to increase enforcement against those who abuse the program. This executive order (EO) creates no new law or regulation; actual change to the H-1B visa program must occur through Congressional action. In connection with this EO, the Department of Labor (DOL) also announced that it would strenuously investigate violations of the H-1B visa program. Similarly, an EO issued in January called for interior enforcement activities by federal agencies. The increased enforcement activities will include both the apprehension of individuals unlawfully present in the United States and audits of employers' visa applications and Forms I-9.

Rollback of President Obama's Measures

In addition to implementing his own measures, President Trump has sought to eliminate some of the Obama Administration's actions relative to immigration. In July, the Department of Homeland Security delayed the implementation of the International Entrepreneur Rule until at least March 2018. The Rule was to give the agency discretion to permit an initial stay of up to 30 months to facilitate an applicant's ability to oversee start-up entities in the United States.

Further, in June, the Trump Administration rescinded the deferred deportation program for unauthorized parents, known as "DAPA," which would have deferred deportation of parents of certain U.S.-citizen and permanent resident children through the use of prosecutorial discretion. Please refer to our September 6 immigration bulletin, " What Employers Need to Know About DACA Rescission Announcement."

What It All Means

There are important lessons to be learned from the President's activities thus far. Foremost is that compliance with existing immigration rules has never been more important; it is more prudent than ever to be prepared for government audits. Companies would be well advised to review their policies in all aspects of employment, from Form I-9 to visa usage to global mobility.

Second, the Trump Administration's policies have created greater delays for all those traveling internationally. In the face of this uncertainty, it is a good time for businesses to review their global mobility, recruitment and talent retention programs to ensure that their needs are being met. It is important to make timely and prudent decisions with respect to international travel and assess the best ways to move employees into the United States.

Finally, it is important to remember that substantial immigration reform requires bipartisan Congressional action, which is difficult to come by these days. President Trump has accomplished about all he can through EOs; additional EOs are likely to present policy goals rather than substantive legal changes. Thus, for all of the rhetoric and, at times, hysteria, surrounding immigration laws, substantive changes have been relatively limited, and any future change is likely to take considerable time to happen.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.