Immigration Highlights



December 28, 2017

NP Immigration Newsletter

Author(s): Courtney H. New, Jason Gerrol

The U.S. immigration landscape continues to shift. This alert contains several updates from the last few weeks that we wanted to highlight for you.

The U.S. immigration landscape continues to shift. Here are several updates from the last few weeks.

Executive Orders

Trump travel ban to take effect

On Monday, December 4, 2017, the U.S. Supreme Court issued orders allowing President Trump’s September 24, 2017 travel ban to take effect while litigation remains ongoing in both the Ninth and Fourth Circuit Courts of Appeals. While the Ninth Circuit has since issued an order (on December 22, 2017) finding the travel ban exceeds the President’s authority, the travel ban will nevertheless remain in effect until the U.S. Supreme Court revisits the issue.

For more information, see our alert on the travel ban.

Law and Policy Changes

DHS will begin accepting applications under International Entrepreneur Rule

By notice dated July 11, 2017, the Department of Homeland Security (DHS) delayed the effective date of the International Entrepreneur Rule (IER) to March 14, 2018, and announced that rescission of the IER was “highly likely.” On December 1, 2017, the United States District Court for the District of Columbia vacated the July 11, 2017 rule, agreeing with a group of plaintiffs that DHS’s failure to provide a period of public notice and comment before its decision to delay the IER violated the Administrative Procedures Act. The decision is a victory for proponents of the IER, and DHS will begin accepting applications under the IER. However, DHS also announced its plans to issue a new rulemaking process to eliminate the IER, rendering the rule’s future uncertain.

For more information, see our alert on the International Entrepreneur Rule revival.

Legislation Updates

California’s Immigrant Worker Protection Act becomes effective January 1, 2018

California’s Immigrant Worker Protection Act will impose various requirements on California employers with regard to restricting access of federal immigration agencies to nonpublic work areas and I-9 inspections, among other requirements.

For more information, see our alert on California’s Immigrant Worker Protection Act .

Travel Updates

Trump administration announces new restrictions on Visa Waiver countries

The 38 countries whose citizens are eligible to travel to the U.S. without obtaining a visa stamp at a U.S. Consulate abroad will now be required to use U.S. counterterrorism information to screen travelers and bolster aviation security measures.

For more information, see this New York Times article about restrictions for visa-waiver countries.

The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

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