Immigration

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All employers, regardless of whether they sponsor employees for work visas, should closely monitor the Trump Administration’s evolving immigration policies. This is critical due to an anticipated surge in the enforcement of immigration laws and the potential labor supply disruptions stemming from significant changes to immigration policy. Employers who are unsure about their I-9 compliance, operate in immigrant-reliant industries, or lack a plan for managing unannounced site visits from federal officers seeking to enforce immigration laws, should act now…
Continue Reading Employers Should Pay Attention to Major Changes to Immigration Policy Under the Second Trump Administration

Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN.

Against the backdrop of declining crime rates, gun violence and gun-related homicides have only risen over the last three years. Just as it historically has, the brunt of that violence has been borne by poor Black and brown communities. These communities…
Continue Reading Recent UW Law Faculty Scholarship

State v. Ahmed A.M. Al Bawi, 2021AP432-CR, District 3, 1/18/23 (not recommended for publication); case activity (including briefs)

Al Bawi’s trial attorney was not ineffective in advising him about the immigration consequences of his plea.

Al Bawi, an Iraqi citizen, pleaded no contest to third degree sexual assault. The U.S. Department of Homeland Security later detained him, asserting there was probable cause to deport him because of the conviction. He then moved to withdraw his plea, alleging he…
Continue Reading Trial Counsel’s Advice about Immigration Consequences was Sufficient

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Reducing your workforce is never an easy decision. Worrying about what implications downsizing may have on your H-1B workforce makes these decisions even more difficult. The downsizing of such workers can mean they lose their ability to remain in the United States and their job. Employers of H-1B workers are also subject to additional requirements that do not apply to their U.S. employees.

For example, an H-1B worker’s employment terms are subject to those listed in the H-1B petition…
Continue Reading Downsizing Implications for H-1B Specialty Workers and Their Employers

The saying “nothing is permanent” not only applies to life in general, but also to things many people think are truly permanent – like lawful permanent residency status, commonly called “green card” status. Unfortunately, it often surprises some (and usually under less-than-ideal circumstances) that the permanent resident status that they thought they could never lose and worked so hard to obtain can, in fact, be lost either through their actions, or in many cases, inactions. It will likely come…
Continue Reading Permanent Residency Status is Not Necessarily Permanent: Travelers Beware

That is the subject of today’s Immigration Professors’ blog post, which reports that the 2nd Circuit recently addressed the issue and links to a lengthy law306.com article highlighting a split among the circuits.  Apparently, the 4th, 5th, and 8th Circuits hold that undocumented immigrants are not included in “the people” of the Second Amendment.
Continue Reading Do Undocumented Immigrants Have 2nd Amendment Rights?

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Back in March 2020, the Department of Homeland Security (DHS) announced a new temporary process to allow some employers to temporarily complete the Form I-9 process remotely for new hires during the COVID-19 pandemic. This Temporary Authorization lets employers complete Section 2 of Form I-9 by remotely reviewing the new hire’s identity and employment eligibility documents. DHS originally extended this Temporary Authorization until May 2020; however, because of the ongoing COVID-19 crisis, DHS has continued to extend the Temporary…
Continue Reading Temporary Authorization to Complete Form I-9s Remotely During the COVID-19 Pandemic Extended