Immigration
Enforcement efforts by the various federal agencies regulating immigration law have increased significantly, particularly since 2017, with increased raids and proposed visa restrictions and exclusions as well as the termination of DACA protections for some 800,000 people, many of whom are now in the workforce. Labor and employment law practitioners have an ever-expanding need to familiarize themselves with immigration regulations and agency trends. To properly advise clients, whether from the management or labor perspective, attorneys must understand this fast-paced and rapidly evolving field, an increasingly daunting task.
Labor practitioners need to know about the connection between immigration status (and how it relates to national origin and ethnicity) and discrimination law. Similarly, plaintiff's lawyers need to be well-versed in the differences between discrimination based on citizenship status and discrimination based on national origin. Management lawyers and in-house counsel need to be aware of how best to counsel their clients regarding these developments, as well as how to defend against any claims that may arise. Of equal importance, counsel must be cognizant of how the government is enforcing these laws, as well as how agencies such as EEOC are able to carry out their mission in light of rapidly changing administration policy priorities.
Finally, as more and more states start creating and enforcing their own immigration laws, labor and employment counsel must understand the often complex interplay between state and federal enforcement as well as the intricacies of employing foreign nationals in multiple jurisdictions.
Whether faced with a challenging E-Verify dilemma, an investigation by the Department of Labor's Wage and Hour Division, a worker’s compensation claim by an injured immigrant worker or an unexpected workforce visit from ICE, the Immigration Law and Human Trafficking Committee prides itself on preparing the Section’s members on how to spot immigration-related issues, access the appropriate resources and provide the best advice to their clients. In addition, the Committee directs advocates to resources that can be helpful to workers who have immigration concerns or need specific guidance about their visa status.
The Committee also provides useful, informative resources for Labor and Employment Law Section members through plenary and workshop CLE programs at Section Midwinter Meetings and the Annual Conferences that facilitate direct access to government agency officials and offer guidance from experienced practitioners. The Committee has also sponsored webinars and other informational programs and materials that explore cutting-edge policy and enforcement initiatives.