As you may know, President Trump signed a pair of executive orders recently regarding immigration policies and enforcement. While his orders may have a sweeping effect on immigration as a whole, employment-based immigration processes are not overtly changed. Below is a brief summary of provisions of the executive orders and the draft order that may be signed as soon as today.
Brief Overview
The first order states that the purpose is to “direct executive departments and agencies … to deploy all lawful means to secure the Nation’s southern border, to prevent further illegal immigration into the United States, and to repatriate illegal aliens swiftly, consistently, and humanely.” This is the order that contains provisions regarding:
- The wall on the southern border;
- An enhanced deportation force;
- Detention centers; and
- End of “catch and release.”
The second order states that the purpose is “to direct executive departments and agencies to employ all lawful means to enforce the immigration laws of the United States.” This order is aimed at interior enforcement and contains provisions regarding:
- Sanctuary cities;
- Enforcement priorities;
- Secure communities; and
- International pressure for recalcitrant countries.
The third executive order, which has not yet been signed, will block all Syrian refugees from entering the United States and bar refugees from the rest of the world for at least 120 days. The total number of refugees resettled in the United States will go from around 110,000 to 50,000 once the refugee program resumes. The order would also suspend all immigration from seven named countries for at least 30 days. These countries are Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. During this time, the government has been instructed to review and revise the criteria for admitting individuals from these countries.
Analysis
For the purposes of our immigration clients, there are two provisions from these orders that should be watched and kept in mind. First, clients should be mindful of any possible recruiting being done involving medical professionals from one of the seven named states. Since this third order has not yet been signed, we do not know yet if there will be any changes for those who are already here legally from these countries. However, we do know that it will not be possible to obtain any kind of new visa for these individuals for at least 30 days once the order goes into effect.
The second piece that is worth watching is the section regarding “Sanctuary Jurisdictions.” The order states that, “The AG and DHS shall ensure that sanctuary jurisdictions are not eligible to receive Federal grants except as deemed necessary for law enforcement purposes.” We do not yet know what kind of funding this provision is referring to or if specific entities, such as hospitals, will be affected. However, clients should be aware of this language in order to better prepare themselves for any possible outcome.
Practical Takeaways
These executive orders represent a tightening of immigration policies and enforcement. Clients should be aware of the orders and in particular the two provisions outlined above. As of right now, the ability to provide employment-based immigration services to our clients has not been overtly affected. We anticipate many questions and concerns regarding immigration issues in the days ahead, so please do not hesitate to contact us.
For more information, please contact:
- Michael Kim at (317) 977-1418 or mkim@wp.hallrender.com;
- Lindsay Ramsey at (317) 429-3637 or lramsey@wp.hallrender.com;
- Charlotte Fillenwarth at (317) 977-1476 or cfillenwarth@wp.hallrender.com;
- Grace Shelton at (317) 429-3620 or gshelton@wp.hallrender.com; or
- Your regular Hall Render attorney.
