Pabian Law Clients,
I hope everyone had a nice week! Below, please find our latest update on the recent immigration actions that have occurred in the last two weeks:
The U.S. Supreme Court considers whether the Administration properly ended Temporary Protected Status (TPS) for Haiti and Syria
On April 29th, the U.S. Supreme Court appeared divided after hearing oral arguments on whether the Administration could end TPS for Haitian and Syrian nationals. The oral arguments focused on the procedures and scope of the U.S. Department of Homeland Security’s (DHS) obligation to “consult” with other governmental agencies before terminating TPS. Although the cases that went before the Court concerned Haiti and Syria, the rulings in these cases are expected to have a broad impact in ongoing TPS litigation for other countries. The Court is expected to make its decision by the end of June.
U.S. Department of Labor (DOL) issues new proposed joint employer rule
On April 22nd, the DOL announced a proposed rule to address joint employer status and liability. If enacted, the rule would narrow the legal definition of “joint employer” by applying a new test that looks at how much control one business has over another other entity’s employees (the “actual control” test). Although this new proposed joint employer standard provides clearer guidance for businesses, it would also increase regulatory enforcement by making business violations easier to identify and pursue – even against employers who use contract labor. In short, this could lead to penalties and fines for employers that have historically utilized contract labor.
Stay tuned for Pabian Law’s upcoming June Quarterly Newsletter for more information on this proposed rule.
U.S. Citizenship and Immigration Services’ (USCIS) new enhanced vetting process is likely to result in more adjudication “holds”
According to USCIS sources, last week the agency distributed internal guidance instructing its officers to resubmit certain pending applications for enhanced background checks. Officers were also directed to refrain from approving pending cases that have not undergone these expanded checks. Furthermore, on April 27th, various legal associations began reporting that USCIS offices across the country were notifying applicants that their adjudications were paused due to this new enhanced security vetting process. A USCIS spokesperson confirmed that the agency has “implemented new security checks to strengthen the vetting and screening of applicants through expanded access to federal criminal databases.” This new vetting process will require fingerprints to be resubmitted for most pending cases. Although it appears that this hold may only impact adjustment of status (green card applications) and asylum cases, it could become a much broader hold impacting all USCIS adjudications.
USCIS’s enhanced vetting process aligns with the Administration’s continued goal of “ensuring that all individuals seeking immigration benefits are properly vetted, particularly those from identified high-risk countries.”
We hope that you find these resources helpful as we all try to make sense of what is really happening in the world of immigration law.
Thanks, everyone, and have a great weekend!
Best regards,
Keith and the Pabian Law Team