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S&G Immigration Updates

Your source for timely updates on immigration matters

Department of Homeland Security Issues Two Memos Regarding Implementation of Two Recent Executive Orders on Immigration Enforcement
February 27, 2017

On February 20, 2017, the U.S. Department of Homeland Security ("DHS") issued a pair of memos outlining how DHS will implement the President's two recent executive orders concerning immigration enforcement.  The DHS memos rescind earlier guidance and now, more broadly define the immigrants in the country illegally who are considered "priorities for removal."  The memos also announce a planned expansion in the law enforcement resources dedicated to federal immigration enforcement activities.

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Ninth Circuit Court of Appeals Upholds the Temporary Restraining Order on Enforcement of President Trump's January 27th Executive Order
February 10, 2017

On February 9, 2017, the Ninth Circuit Court of Appeals unanimously denied the U.S. Department of Justice’s emergency motion requesting an administrative stay of the U.S. District Court for the Western District of Washington’s February 3, 2017 temporary restraining order. In its decision, the court found that the DOJ failed to show a likelihood of success on the merits of its appeal and also failed to show that the lack of a stay would cause irreparable injury. Further, the court expressed its concern with the lack of specific evidence from the DOJ in support of its national security claims, while emphasizing the "ample evidence" presented by Washington and Minnesota (“the states”) with regard to the harm suffered by their universities, students, businesses and families if the temporary restraining order were to be lifted.

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Oral Argument Scheduled for Today on Enforcement of President Trump's January 27th Executive Order
February 7, 2017

On February 3, 2017, the United States District Court for the Western District of Washington issued a temporary restraining order, prohibiting the federal government from enforcing certain sections of President Trump’s January 27, 2017 Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” (“Executive Order”). The affected sections include those which:

  • suspend “immigrant and nonimmigrant entry” into the U.S. for nationals from the seven designated countries for 90 days;
  • suspend the U.S. Refugee Admissions Program (“USRAP”) for 120 days;
  • upon resumption of the USRAP, prioritize refugee claims of certain religious minorities;
  • indefinitely suspend the entry of Syrian refugees into the U.S.; and
  • allow for case-by-case refugee admissions, insofar as it purports to prioritize refugee claims of certain religious minorities.

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Summary of Executive Order Protecting the Nation from Foreign Terrorist Entry
February 2, 2017

On January 27th, President Trump issued an executive order entitled “Protecting the Nation from Foreign Terrorist Entry” which:

  • Suspends the U.S. Refugee Admissions Program for 120 days with possible exceptions to be made on a case-by-case basis: if it is in the national interest; if the person does not impose a risk and is a religious minority facing religious persecution; if the person’s admission is required to conform U.S. conduct to an international agreement; or when the person is already in transit to the U.S. and denying admission would cause a hardship
  • During the current fiscal year, reduces the admission of refugees to the U.S. from the current level of 110,000 set by the Obama administration to 50,000
  • Directs the Department of Homeland Security (“DHS”) to determine the extent to which state and local jurisdictions may have greater involvement in determining the placement or resettlement of refugees in their jurisdictions

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Firm Establishes Team and Site to Keep Clients Up To Date With Immigration Issues
February 1, 2017

In response to the executive order issued on January 27th as well as related concerns about changes in the administration of existing programs, Shipman & Goodwin’s Immigration Law Practice Group has formed an interdisciplinary team of attorneys to assist our clients with addressing the effects of this order and anticipated future orders on their employees, students and general business practices. Because of its scope, this executive order, as well as the two that have preceded it, has had an immediate and profound impact on all our clients, individual or institutional, public or private, national or international, regardless of their size, mission, location, or scope of operation. We will provides basic analysis of this executive order and highlight concerns raised by the order.  Although the Administration has issued some clarification of the order, we have received many reports of differing interpretations at ports of entry. Several courts have issued temporary injunctions limiting enforcement of parts of the order. Drafts of potential additional orders are being circulated in news media. In light of the complexity of our immigration laws and regulations, both news and social media reports contain inaccurate statements.  In addition, many immigration issues are fact specific. We intend to keep clients updated as developments arise, and we invite you to subscribe to the blog to receive updates by email.

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These materials have been prepared by Shipman & Goodwin LLP for informational purposes only.  They are not intended as advertising and should not be considered legal advice. This information is not intended to create, and receipt of it does not create, a lawyer-client relationship. Viewers should not act upon this information without seeking professional counsel.

Immigration Team:

For Immigration and Employment Matters:

Brenda Eckert         Ashley Mendoza

For Educational Institutions:

Linda Yoder               Benjamin FrazziniKendrick

For ICE Enforcement Issues:

Michael Chase

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