Week of November 15–21, 2024

U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) executed federal search warrants at seven agricultural processing plants in Mississippi as part of a worksite enforcement investigation. Approximately 680 unauthorized workers were detained, and business records were seized to aid the ongoing criminal investigation.

ICE officials are interviewing those detained to identify humanitarian concerns and assess prior immigration history. Decisions about detention or release are made on a case-by-case basis. Detained individuals are either placed into removal proceedings or processed for deportation if previously ordered removed. A 24-hour bilingual hotline (1-855-479-0502) is available for family members seeking information.

The operation, conducted with the U.S. Attorney’s Office for the Southern District of Mississippi, may lead to federal criminal charges.

HSI enforces the Immigration Reform and Control Act of 1986 (IRCA), which requires employers to verify the identity and work eligibility of employees. This law aims to protect U.S. jobs, prevent unfair competition, and enhance national security. Unauthorized workers often use stolen identities, causing long-term harm to victims.

Worksite investigations also address issues such as worker exploitation, child labor, and unsafe working conditions. Related criminal activities, including human trafficking and document fraud, are often uncovered.

In addition to operations like this, HSI uses I-9 audits to promote employer compliance. In 2018, ICE launched a two-phase initiative issuing over 5,200 audit notices to businesses nationwide, reinforcing the importance of compliance and enforcement.

In immigration proceedings, unlike criminal defendants, immigrants are not appointed an attorney, including unaccompanied children. Many of these children, particularly those from Spanish-speaking countries, face the additional barrier of not speaking English. As of September 2024, over 830,000 children in immigration court are Spanish speakers, yet the system is not designed for minors. This has raised concerns about the unique vulnerabilities of unaccompanied children.

In response, a bipartisan group of lawmakers introduced the “Immigration Court Efficiency and Children’s Court Act of 2023,” aiming to create a specialized court for children within the Executive Office for Immigration Review. This new court would provide unaccompanied minors with legal representation and protections suited to their needs. Advocates would consider the child’s safety, health, development, and identity when determining their best interests.

The Children’s Immigration Court would handle cases for minors under 18, ensuring that judges and attorneys are trained to work with children. Training would cover child-sensitive questioning, trauma-informed practices, and human trafficking concerns. The court would offer accommodations, such as breaks during testimony and language interpretation, particularly for Indigenous children who speak languages other than Spanish. Virtual hearings would also be available upon request.

This bill includes procedural safeguards to ensure children have enough time to find legal representation and request administrative relief. The creation of this court would provide a more child-friendly process, streamline immigration proceedings, and protect the rights of vulnerable children in a system not designed for them.

Immigration was a significant issue in the 2024 U.S. Presidential election, with President-elect Trump promising to restrict both legal and illegal immigration. If enacted, these policies could have profound consequences on immigrant families and the U.S. economy. As of 2023, the U.S. is home to 47.1 million immigrants, contributing significantly to the economy through taxes and workforce participation.

Trump's administration may eliminate legal immigration pathways, including protections for Dreamers under the DACA program, which could leave over half a million recipients vulnerable to deportation. He also proposed reinstating strict public charge policies, potentially discouraging immigrant families from seeking essential services like healthcare. Another expected policy is expanded interior enforcement, including mass deportations, which could lead to family separations and negatively affect mental health and the economy.

Trump has also suggested ending birthright citizenship for children of immigrants, which could impact the health workforce and broader economy, especially in fields like healthcare. Additionally, he has proposed reinstating the “Remain in Mexico” policy for asylum seekers, placing them in unsafe conditions while waiting for hearings.

Further restrictions may target humanitarian protections, including limiting refugee admissions and eliminating Temporary Protected Status (TPS) for certain countries, putting thousands of individuals at risk of deportation. These proposed changes could undermine the economic contributions of immigrants, disrupt key industries, and lead to significant social and mental health challenges for immigrant families across the country.

Under a second Trump administration, U.S. employers can expect significant changes to immigration enforcement, especially regarding employment-based immigration. The administration is likely to focus on stricter regulations for H-1B workers, which allow companies to hire foreign workers in specialty occupations. Expected changes include tightening the definition of "specialty occupation," increasing Requests for Evidence (RFEs), and raising wage requirements, which could make it more difficult for employers to hire skilled foreign workers, particularly in entry-level roles. Employers should prepare by reviewing job descriptions, adjusting wages, and considering alternative visa options.

In addition, international students may face restrictions on Optional Practical Training (OPT), particularly the 24-month extension for STEM graduates. Trump's administration may also introduce policies making it more challenging for foreign students to transfer schools. However, there are also potential proposals for green cards for certain graduates, though these remain uncertain.

Worksite enforcement is another area of focus. Employers should expect an increase in Form I-9 audits, E-Verify checks, and fraud investigations by federal agencies. Employers should conduct internal audits, ensure compliance with regulations, and provide training to HR and IT staff.

Lastly, the administration may reintroduce the "Buy American/Hire American" executive order, increasing scrutiny on visa renewals and processing times. Employers should stay informed of these changes and take proactive steps to ensure compliance.

Maricé Morales, a Maryland immigration attorney, is expanding her small firm due to an influx of cases following news of Donald Trump’s return to the White House. Immigrants are concerned about their legal status, especially as Trump has vowed to pursue mass deportations on his first day in office. Morales, who works with four paralegals, anticipates a continued surge in demand for legal assistance as undocumented residents seek to secure their documentation.

In Maryland, an estimated 300,000 undocumented residents are fearful of potential deportation, with local immigrant advocacy organizations like CASA offering support. CASA’s executive director, Gustavo Torres, described the community as devastated but ready to fight for their rights, launching a "Know Your Rights" campaign to help immigrants navigate the legal system.

Immigration attorneys like Sharvari Dalal-Dheini from the American Immigration Lawyers Association are filing as many cases as possible before Trump’s inauguration, knowing that litigation may become crucial in protecting immigrant rights. Despite the looming threat, Maryland’s immigrant-friendly environment provides some reassurance, as local leaders are historically supportive of immigrants.

However, the future of Deferred Action for Childhood Arrivals (DACA) and Temporary Protective Status (TPS) programs is uncertain, and advocates worry about Trump disrupting these protections. Both programs shield individuals from deportation, but under the new administration, they could be at risk. Immigration attorneys encourage residents to consult legal experts to explore their options and safeguard their status.

On November 15th, 2024, the Presidents’ Alliance on Higher Education and Immigration hosted a post-election briefing. During this virtual event, policy experts and higher education leaders discussed critical implications of the recent election for the higher education community, with a primary focus on immigration policy priorities for the forthcoming Congress and administration. This briefing aimed to equip campus leaders with a clear understanding of the post-election policy landscape and provide actionable steps they can take to advocate for and support immigrant, international, and refugee students.

The first Trump administration had a major impact on U.S. immigration policies, and these changes are expected to continue in his second term. One significant shift was the introduction of "extreme vetting," which led to longer processing times and increased scrutiny of visa applicants. As a result, businesses faced hiring and onboarding delays, particularly for high-skilled foreign workers. This caused disruptions, especially in industries like construction, manufacturing, and food services, which rely heavily on immigrant labor.

Another consequence was the rise in immigration-related costs for businesses due to higher denial rates and more complex documentation requirements. Under Trump, H-1B visa denial rates were much higher, and employers had to allocate more resources to manage immigration expenses. Companies also dealt with uncertainties as sudden policy changes created confusion, making strategic planning difficult.

The second Trump administration is likely to further tighten immigration policies. Travel bans and increased scrutiny of immigration filings will continue, while efforts to enforce immigration laws, such as ICE raids and I-9 audits, are expected to intensify. Businesses may face greater difficulties in recruiting foreign workers, particularly in industries that rely on temporary or seasonal labor.

To navigate these challenges, employers must ensure compliance with immigration laws. This includes updating I-9 and E-Verify procedures, assessing their foreign worker population, and preparing for increased immigration enforcement. Additionally, companies should focus on antidiscrimination training to avoid violating laws protecting workers based on their immigration status or national origin.

As President-elect Donald Trump prepares to take office in January 2025, immigration is expected to be a top priority for his administration. With Republicans holding majorities in both chambers of Congress, the potential for swift action on immigration policy is high, according to political experts. Trump made immigration a central issue in his 2024 campaign, and changes at the U.S. border are expected immediately upon his assumption of office. However, experts like John Portz, a political science professor at Northeastern, caution that implementing systemic immigration reform could be challenging despite strong support from Republicans.

While history shows that unified government often leads to significant legislative changes, such as the Affordable Care Act during President Obama’s first term, challenges remain. Christopher Bosso, a public policy expert, points out that Trump’s administration may struggle with internal divisions within the Republican Party, particularly regarding immigration policy. The failure of a bipartisan immigration deal earlier in 2024, which Trump influenced, highlighted these divisions.

Despite these challenges, Trump’s use of executive power could lead to immediate changes, such as declaring a national emergency for mass deportations. His stance on immigration has already fostered public fervor, which will likely keep the issue at the forefront of his agenda. Additionally, the Trump administration may revisit the Affordable Care Act, although this remains uncertain given the broad public support for the law. Immigration and health care are likely to dominate Trump’s early actions in office.

The Spanish government has approved a new Immigration Regulation aimed at improving migrant integration in work, education, and family. Minister of Inclusion Elma Saiz highlighted that the regulation balances migrants’ rights with Spain’s legal and labor needs, addressing the aging population.

The reform clarifies visa procedures, introducing specific titles for visas. Initial visa authorizations will be for one year, with renewals lasting up to four years. It also extends the validity of the “job-seeking” visa from three months to one year. Additionally, migrants can now change their residence status without leaving Spain.

A key part of the reform is the “arraigo” system, which creates five types of residency pathways: social, socio-labor, family, socio-educational, and a “second chance” for those who have not renewed permits. The residence time required is reduced from three to two years, and new permits will be valid for one year, renewable for up to four years. This system could regularize 300,000 migrants annually.

The reform also enables migrants to work immediately without needing a separate work authorization, including students who can work up to 30 hours a week. Seasonal workers now have specific permits, and their rights are strengthened, including clearer contracts and better protection against exploitation.

Family reunification has been expanded, with the age of “children” raised to 26 and new protections for victims of trafficking and gender-based violence. Overall, the regulation aims to integrate migrants into Spanish society through work, education, and family support.

President-elect Trump’s second term will likely bring stricter immigration policies, led by key appointments such as Stephen Miller, Thomas Homan, and Kristi Noem. Their appointments signal a more enforcement-driven and restrictionist approach to U.S. immigration.

A primary focus of the new administration will be the removal of undocumented individuals. Trump has vowed to launch the largest deportation program in U.S. history, with officials like Homan supporting the idea of creating the biggest deportation force ever seen. This will leave undocumented individuals living in fear of arrest, separation from their families, and deportation.

Employers in industries with high percentages of unlawful workers, such as agriculture and construction, face the risk of onsite raids by Immigration and Customs Enforcement (ICE). Employers must prepare by developing plans for workplace raids and ensuring employees know their rights.

Existing immigration benefits may also face termination, such as the Deferred Action for Childhood Arrivals (DACA) program, which may be rescinded following legal challenges. The administration could also let Temporary Protected Status (TPS) for certain countries lapse, and discontinue humanitarian parole programs for Haitian and other nationals.

Trump may reinstate restrictive policies, including increased scrutiny on employment-based immigration and longer processing delays at U.S. Citizenship and Immigration Services (USCIS). The new administration may also reinstate policies such as the “Form I-944” and the “90-Day Rule,” which could create hurdles for individuals applying for permanent residence.

The upcoming term promises a challenging environment for foreign nationals, particularly those without legal status, with significant consequences for immigration policy.

Ranking Member Jerrold Nadler (D-NY) delivered an opening statement at the House Judiciary Subcommittee on Immigration Integrity, Security, and Enforcement hearing on “Oversight of Homeland Security and Investigations.” Nadler expressed concerns about the incoming administration’s cabinet picks, particularly criticizing the nomination of an anti-vaccine, conspiracy-peddling individual for Secretary of Health and Human Services. He questioned the qualifications of these nominees, citing examples of controversial figures such as a former Congressman with criminal entanglements for Attorney General and a pro-Putin propagandist for Director of National Intelligence.

Nadler emphasized Congress’s duty to conduct oversight and expressed disappointment that the Republican Majority seemed uninterested in addressing systemic problems, especially regarding the welfare of immigrant children. He pointed out that the Majority’s immigration legislation could lead to increased exploitation of children by stripping protections, and criticized Republican-led states for enabling child labor in dangerous jobs.

He also highlighted the dangerous promises of President-elect Trump, such as bringing back harmful policies like family detention and Remain in Mexico, which he argued would worsen conditions for immigrant children. Nadler expressed doubt that the next administration would provide adequate resources to protect children and criticized the potential nominee for HHS, noting his previous role in preventable measles deaths. Nadler concluded by questioning whether the Majority would hold the new administration accountable for any resulting harm to children, expressing skepticism about meaningful oversight.

President-elect Donald Trump's promise to enforce stricter immigration policies and initiate “mass deportations” is already affecting communities across the U.S. In Chicago’s Little Village, restaurateur Sam Sanchez noted that sales were down 50% due to fear surrounding potential deportations. Sanchez, who advocates for business-friendly immigration reform, warned that these policies could lead to workforce shortages, particularly in industries relying heavily on undocumented workers, such as agriculture, hospitality, and construction.

Economists predict that large-scale deportations would negatively impact the labor market and economy. Giovanni Peri, an economist from the University of California-Davis, highlighted how reduced worker availability in critical sectors could slow growth and harm industries already struggling to find workers. Mass deportations would especially harm farm labor, potentially leading to food waste and jeopardizing food security, as undocumented workers make up a significant portion of the U.S. agricultural workforce.

Further concerns arise from the lack of native-born workers willing to take on low-wage, labor-intensive jobs in sectors like farming. Historical examples show that efforts to recruit native-born workers for farm labor have largely failed. With the economy still recovering from the pandemic, some businesses fear that reduced immigration could lead to labor shortages, hindering recovery.

While the full impact of Trump’s immigration policies remains uncertain, the fear of deportations and the potential for economic disruption persist, particularly for immigrants who have built lives and businesses in the U.S.

"Trial Skills for Immigration Court: A Practical Guide to Effective Strategies and Tactics" was inspired by the desire to offer a comprehensive resource for immigration practitioners. After years of conducting hands-on training sessions in trial advocacy, the authors wanted to create a written companion to these sessions that would be a valuable reference for attorneys both during and after their training.

One of the biggest challenges for attorneys in immigration court is that many practitioners enter this field with a desire to help people, not necessarily as litigators. As immigration court becomes more adversarial, it’s crucial for attorneys to be equipped with effective trial skills. The book addresses this by providing practical, actionable strategies that can be used in hearings to improve representation.

The book includes scripts that demonstrate effective courtroom techniques and highlight common mistakes to avoid. The annotated appendices, which offer sample documents, are particularly helpful. The authors aim to make this a practical guide that any practitioner can use to improve their trial preparation and execution.

The book is especially valuable for those new to immigration court, such as practitioners handling their first removal defense case. However, experienced attorneys can also benefit from insights on evidence rules, expert witnesses, and applying state and federal court techniques in immigration court.

Given the incoming administration’s aggressive stance on deportations, this book provides attorneys with the tools needed to ensure noncitizens’ due process and to prepare strong records for future appeals.

November 18 , 2024-ICE executes federal search warrants in Nebraska, Minnesota and Nevada

133 arrested on immigration violations while executing the criminal warrants

In a multi-state operation led by U.S. Immigration and Customs Enforcement (ICE), authorities arrested 17 individuals connected to a criminal conspiracy exploiting illegal alien labor for profit, fraud, and money laundering in Nebraska and Minnesota. The operation targeted agricultural businesses in these states, along with search warrants for worksite violations and federal document violations in locations across Nebraska, Minnesota, and Nevada. The investigation revealed that 133 illegal workers were arrested for immigration violations, some being exploited through coercion and fraud.

The suspects allegedly created an illegal alien workforce in various businesses, defrauding the U.S. government and gaining an unfair business advantage. The illegal workers were reportedly forced to cash paychecks at illegal remittance businesses, have taxes deducted but never paid, and remain silent about the exploitation. Several businesses were implicated, including Christensen Farms, Elkhorn River Farms, and La Herradura Restaurant.

This 15-month investigation uncovered evidence that these businesses knowingly hired illegal aliens using fraudulent identification. ICE’s Special Agent Tracy J. Cormier emphasized that the targeted businesses were intentionally exploiting workers, cheating taxpayers, and undercutting competitors. The operation involved collaboration with federal, state, and local law enforcement agencies, including the U.S. Attorney’s Office for the District of Nebraska and U.S. Customs and Border Protection.

ICE continues to uphold the Immigration Reform and Control Act (IRCA), which protects jobs for lawful residents and strengthens public safety.

November 18 , 2024-ICE executes federal criminal search warrants at Fresh Mark, 146 arrested on immigration violations

On Tuesday, U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) executed a criminal search warrant at Fresh Mark’s Salem, Ohio, meat processing plant, arresting 146 employees for immigration violations. The operation also involved search warrants at three other Fresh Mark locations in Northern Ohio. Authorities found that many of the workers were allegedly using fraudulent U.S. citizen identification.

The targeted Fresh Mark locations included:

1735 S. Lincoln Avenue, Salem

1888 South Way Street, SW Massillon

950 Cloverleaf Street, SW Massillon

1600 Harmont Ave NE, Canton

This enforcement action is part of a year-long investigation indicating that Fresh Mark knowingly hired illegal aliens at its facilities, utilizing fraudulent documents. ICE’s Special Agent Steve Francis highlighted that unlawful employment practices attract illegal immigration, and businesses must be held accountable for exploiting workers.

The operation was coordinated with federal, state, and local law enforcement, including the U.S. Attorney’s Office for the Northern District of Ohio, U.S. Border Patrol, ICE Enforcement and Removal Operations, and local authorities. While some individuals were released on humanitarian grounds, those detained will be processed and placed in removal proceedings in Michigan and Ohio.

Fresh Mark is part of ICE’s IMAGE program, which helps businesses comply with immigration laws, but members are not exempt from scrutiny or enforcement. A toll-free hotline is available for family members seeking information on detainees’ status.