Department of Homeland Security

The Department of Homeland Security is a federal executive department established in 2002 in response to the September 11th terrorist attacks. DHS was formed by combining twenty-two existing federal departments... more +
The Department of Homeland Security is a federal executive department established in 2002 in response to the September 11th terrorist attacks. DHS was formed by combining twenty-two existing federal departments and agencies. The consolidation was aimed at creating a better integrated, more effective organization to respond to terrorist attacks and other varied threats facing the United States and its territories.  less -
News & Analysis as of

DHS Publishes Final Rule on Notices of Decisions and Documents Evidencing Lawful Status And Revises Forms G-28 & G-28I

On October 29, 2014, the Department of Homeland Security (DHS) published a final rule that amends it regulations governing when USCIS will issue correspondence, notices of decisions, and documents evidencing lawful status in...more

California Court Finds Lack of Evidence Undermines False Claims Act and Retaliation Claims

The Southern District of California recently issued a favorable ruling for employers under both the False Claims Act and California’s retaliatory discharge provision codified at California Labor Code section 1102.5. The court...more

Wage and Hour Cases to Watch at the Supreme Court: Part 1--Integrity Staffing

This month marked the opening of the Supreme Court’s new term. For employment law practitioners, this session will be particularly busy with seven cases analyzing a range of employment questions, from the scope of the EEOC’s...more

Health Care Update - October 2014 #4

In This Issue: - Ebola Response Taking a Multifaceted Approach - Implementation of the Affordable Care Act - Other Federal Regulatory Initiatives - Other Congressional Initiatives - Other...more

I-9 Forms, Deferred Action for Childhood Arrivals, EB-5 Visas, and Reform Q&A - This month in Immigration

I-9 Audits - A fine for a couple of I-9 violations pales in comparison to the $34 million settlement paid by Infosys in 2012 for repeated I-9 violations and omissions discovered by Immigration and Customs Enforcement...more

USCIS Launches New myE-Verify Service For Employees*

On October 6, 2014, U.S. Citizenship and Immigration Services (USCIS) released a new web-based compliance tool for employees called myE-Verify. The new website will serve as a companion tool to E-Verify, the free...more

Automatic Extension & I-9 Form Verification For Temporary Protected Status in the U.S.

Temporary Protected Status (TPS) is available in the United States for individuals from foreign states where the U.S. Attorney General (AG) has determined that conditions in that country would result in a threat to the...more

Medical Devices and Cybersecurity Risks - DHS investigates at-risk devices

On October 2, 2014, the U.S. Food and Drug Administration (FDA) issued its final guidance on cybersecurity for medical device manufacturers, titled “Content of Premarket Submissions for Management of Cybersecurity in Medical...more

DC Circuit Reverses Decision that Fogo de Chao Chef Lacks “Specialized Knowledge”

On October 21, 2014, the United States Court of Appeals for the District of Columbia Circuit held that it was reversible error for the U.S. Citizenship and Immigration Service ("USCIS"), an agency of the Department of...more

Maritime Cybersecurity: A Growing Threat Goes Unanswered

The maritime industry may beone of the oldest in the world, but in-depth reports issued by the United States Accountability Office (“GAO”) and the European Network and Information Security Agency (“ENISA”) confirm that our...more

National Cyber Security Month Reminds Organizations of the Need for Compliance

As the relationship between the American public and computers continues to evolve, the Department of Homeland Security (DHS) promotes safe and secure Internet use each October during National Cyber Security Awareness Month....more

Manufacturing and Infrastructure: Not Just About Economics – Our Own Security Depends on It

The call for dramatic improvements in America’s infrastructure as a critical driver in the reestablishment of the nation’s manufacturing supremacy is building momentum. But that’s only part of the story. Lost is the real...more

October is National Cybersecurity Awareness Month

Another year has passed and we again welcome October, National Cybersecurity Awareness Month. It seems a bit dismissive to have only one month dedicated to cybersecurity awareness given the magnitude and number of...more

USCIS Launches New E-Verify Website

E-Verify is the internet-based system through which employers can verify the work eligibility of new hires. Upon hiring a new employee, the employer checks the employee’s information against Department of Homeland Security...more

IRS Use of Customs Hold for International Taxpayers

In a recent Memorandum from the Treasury Inspector General Tax Administration (“TIGTA”) to the IRS TIGTA discussed one of the methods the IRS uses in its efforts to collect delinquent taxes and penalties, namely the Customs...more

USCIS Alert for Employers Regarding Certain Secure Stamps

U.S. Citizenship and Immigration Services recently alerted that on July 1, 2014, it began using blue ink for many of its secure stamps. The older secure red ink was retired and is no longer used by USCIS. ...more

White House Immigration Update

On August 5th, the White House released a comprehensive update on President Obama’s efforts relating to immigration these past few months, including traveling to Texas in July to meet with local officials, faith leaders, and...more

Avoiding Fines by Starting the I-9 Process Early. Just Not Too Early…

As we have noted in prior posts, Immigration and Customs Enforcement (“ICE”) has been aggressively pursuing I-9 inspections and imposing record fines (about $12.5 million per year) as part of its multi-year strategic plan....more

Discrimination Enforcement: Justice Department Settles Immigration-Related Discrimination Claim

The Department of Justice (DOJ), through its Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently settled a claim alleging discrimination, based on unfair documentary practices during...more

For-Profit Companies Find Religion – What’s a Transactional Lawyer to Do?

Last month, the United States Supreme Court ruled in the Hobby Lobby case that closely held for-profit corporations can have “free exercise rights” as “persons” under The Religious Freedom Restoration Act of 1993 (“RFRA”),...more

Capital Thinking: Cybersecurity

Legislative Branch Activity - House Cybersecurity Legislation - This week, the House will consider four pieces of cybersecurity legislation on the floor including the National Cybersecurity and Critical...more

Privacy Tuesday: July 2014 #4

The last Tuesday in July — the summer of 2014 is rapidly slipping away! Here are some privacy and security bits and bytes for this last week of July...more

USCIS Rolls Out Full-Scale Implementation of L-1 Site Visit Program: Employers of L-1 Transferees Should Now Set up Processes to...

U.S. Citizenship and Immigration Services’ (USCIS) Fraud Detection and National Security (FDNS) Directorate has recently begun implementation of an L-1 site inspection program in response to an August 2013 report released by...more

Supreme Court Poised to Hear TSA Whistleblower Case

The Transportation Safety Administration (TSA) plays a crucial role in our national safety infrastructure. Yet the agency has been subjected to significant criticism — and even been the butt of jokes — for the last several...more

Capital Thinking: Cybersecurity

Legislative Branch Activity - Cybersecurity Legislation - Last week, the Senate Permanent Select Committee on Intelligence held a closed session to mark up the Cybersecurity Information Sharing Act (CISA) which...more

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