Immigration law update for employers
By Calvin Gower, Trüpp.
It’s no secret that the current administration has cracked down on immigration enforcement and the 2018 numbers reflect that. So, what should employers expect over the course of 2019? More specifically, what legal trends will have a direct impact on your workforce? This article will discuss pending decisions that will affect employers and highlight the stepped-up pace of the Immigration and Customs Enforcement (ICE) over the coming year.
Pending Policy Changes
H-1B Visa employment. Potential changes would revise the definition of employment and specialty occupations. This would affect the way terms are interpreted, making a more restrictive process that results in increased difficulty for workers to qualify.
Deferred Action for Childhood Arrivals (DACA) program. The decision of whether to end DACA is pending in three federal appeals courts and is currently at a standstill. Progress on this decision isn’t expected until the second half of the year but limited measures are a possibility; such as providing legal status for DACA beneficiaries in exchange for border security funding.
Temporary Protected Status (TPS) recipients. Courts will decide on challenges to the administration’s decision to end TPS for several countries, including El Salvador, Haiti, Nicaragua, and Sudan. Certain industries such as construction, restaurant, food services, and landscaping would be hit the hardest.
What to Expect From ICE
The focus of ICE is straightforward and looking at 2018 numbers show employers exactly what to expect moving forward. Here’s a quick rundown of last year: