Many employers, too often and regrettably, view immigration policy as something that happens to them. A final rule appears in the Federal Register, effective dates are announced, and mobility and compliance teams begin assessing the consequences. By that point, however, an important opportunity has passed.
The federal rulemaking process gives employers, trade associations, and
The U.S. Department of Labor (DOL) and Department of Homeland Security (DHS) last week affirmed the truth of the Upton Sinclair maxim on just how hard it is get someone “to understand something, when his [or her] salary depends on . . . not understanding it.”
In this case, federal immigration bureaucrats have had three
We’ve seen this movie before.
Scene 1: The President issues a proclamation in reliance on his authority to restrict the entry of certain noncitizens under Immigration and Nationality Act (INA) § 212(f) so long as he asserts that allowing them in would be “detrimental to the interests of the United States.”
Scene 2:
President Trump’s October 9, 2019 overtures landed as music to the ears of many grizzled immigration lawyers who persistently suffer battle fatigue from the culture of virtually never. On that day the President released a double album, each with artfully penned liner notes:
Much digital ink has already been spilled reporting on the phantom tide of undocumented migrants supposedly breaching our Southern border. This article will address a different, but very-real immigration flood, and suggest ways U.S. employers, noncitizens, and their lawyers ought be emboldened to add to the deluge.
Ironically, it is about a dry subject –