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Category: DACA/DAPA

Fifth Circuit Rules DACA Unlawful, But Allows Continuation of Benefits for Now

The U.S. Court of Appeals for the Fifth Circuit, in a decision that comes as no surprise, has upheld a lower court ruling finding that executive action taken by the Obama Administration in 2012 creating the Deferred Action for Childhood Arrivals (DACA) program exceeded the President’s authority, and that therefore the DACA program is unlawful. At the same time, however,...
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Category: Immigration

USCIS Announces That Current Version of I-9 Form Should Be Used Until Further Notice

The U.S. Citizenship and Immigration Services (USCIS) agency within the Department of Homeland Security has announced that the current version of the Form I-9, “Employment Eligibility Verification” (version OMB No. 1615-0047, dated October 21, 2019), should be used until further notice even though the form shows an expiration date of October 31, 2022. The I-9 is used by U.S. employers...
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Category: Immigration

USCIS Revises “Public Charge” Rule To Restore Pre-Trump Standard; Employer Impact Minimal

As expected, the U.S. Citizenship and Immigration Services (USCIS) component of the U.S. Department of Homeland Security (DHS) has issued a final rule modifying a Trump-era regulation that broadened the criteria under which the government could deny a petition to adjust immigration status or extend a stay because a migrant is, or is likely to become, “primarily dependent for subsistence”...
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Category: Immigration

Recent Bias Settlements Serve as a Reminder of IRCA’s Nondiscrimination Protections

The U.S. Department of Justice (DOJ) recently announced the settlement of some 20 enforcement actions brought against multiple employers involving allegations that job postings made on college career websites contained unlawful citizenship status restrictions in violation of the 1986 Immigration Reform and Control Act (IRCA), as amended. DOJ alleged that the settling employers advertised job postings on college career pages...
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Category: DACA/DAPA

Biden Administration Codifies DACA Into Regulation, But Future of Program Still Uncertain

The Biden Administration has finalized a rule that codifies into regulation the Obama-era “Deferred Action for Childhood Arrivals (DACA)” program. The final rule is substantially similar to the proposed rule published by the Administration back in September of last year. By codifying the DACA program into regulation, the Administration hopes to give the program stronger standing to survive legal challenges....
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Category: Immigration

USCIS Proposes Rule To Continue Remote I-9 Document Verification

In a positive response to written comments received by the agency, although short of what we would prefer, U.S. Citizenship and Immigration Services (USCIS) has published a proposed rule that would formalize the agency’s authority to implement “alternative options,” i.e., remote review options, for employers to use when verifying an employee’s identity or work authorization documentation on the Employment Eligibility...
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Category: Agency Enforcement

ICE Worksite Inspections Fell Drastically in FY 2021

According to enforcement statistics recently obtained by NT Lakis from U.S. Immigration and Customs Enforcement (ICE) pursuant to a Freedom of Information Act (FOIA) request we filed, the number of worksite immigration investigations conducted by ICE in fiscal year (FY) 2021 dropped dramatically, with only 627 investigations conducted as compared to 4,327 in FY 2020 and 7,734 in FY 2019,...
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Category: Immigration

OFCCP Now Saying That Small AAPs Must Be Added to AAP-VI

NT Lakis, on behalf of the Center for Workplace Compliance (CWC), has filed written comments with U.S. Citizenship and Immigration Services (USCIS) in support of the agency’s proposed changes to the “Form I-9.” Our comments argue that the proposed changes should streamline the I-9 process as well as lessen paperwork burdens for employers. Our comments also urge USCIS, as part...
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Category: Immigration

Immigration Update: USCIS Extends Form I-9 Remote Document Review Policy

In March of 2020, the U.S. Citizenship and Immigration Services (USCIS) agency within the U.S. Department of Homeland Security (DHS), in response to the COVID-19 pandemic, began allowing employers with telework policies to remotely review new employees’ identity and employment authorization documentation when completing the Form I-9. Although the remote I-9 verification policy was set to expire on April 30,...
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Category: Immigration

USCIS Proposes Changes to I-9 Form, Ends Expired ID Document Policy

U.S. Citizenship and Immigration Services (USCIS), the agency within the Department of Homeland Security (DHS) that administers the employment eligibility verification requirements of the 1986 Immigration Reform and Control Act (IRCA), has proposed revisions to the Form I-9, the form used by employers to record documentation presented by a person to establish employment eligibility. Under the proposed changes, sections 1...

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