No Immigration Surprises in President’s Proposed Budget - Mandatory E-Verify, Boosted Enforcement Among Priority Requests

by Fisher Phillips
Contact

Fisher Phillips

President Trump’s proposed budget released by the White House earlier this week contains no real surprises when it comes to the immigration provisions. The budget supports President Trump’s promises to increase immigration enforcement, build a physical wall on the nation’s southern border, limit refugees, and reform the immigration system. Further, the budget requests the funds to implement the items contained in the president’s immigration executive orders signed in January.

What do employers need to know about the immigration aspects of the proposed budget for Fiscal Year 2018? 

Immigration Budget Proposals

Among the specific immigration proposals put forth by the president, the following would impact employers if approved by Congress and included in the finalized FY 2018 budget:

  • Mandatory E-Verify E-Verify is a government web-based system that compares information on the Form I-9 to data from U.S. government databases to confirm the eligibility to work in the U.S. Currently, the use of E-Verify is voluntary unless you are a federal contractor obligated to use it through a federal contract or operate in a state that mandates the use of E-Verify. That will all change if the administration gets its wish. The proposed budget requests funds not only to continue making improvements to the E-Verify system, but also to begin implementation of mandatory nationwide E-Verify use by the year 2018.
  • Merit-Based Immigration System and Reduction in Refugees – The budget proposes continuing to research the budgetary effects of our immigration programs and policies, with the end goal of completely reforming the immigration system. Among the two biggest changes sought: the administration wants a merit-based admissions system, and a substantial reduction in the number of refugees allowed to enter the U.S.
  • Charging Employers a Fee for Using Foreign Labor Certification Programs – The budget proposes the establishment of legislation requiring the U.S. Department of Labor (USDOL) to obtain fees to cover the costs for operating the foreign labor certification programs. Employers use these programs to sponsor foreign nationals for permanent residence, H-2A visas, H-2B visas and H-1B visas. Presently, employers are not required to pay a fee when filing an application under these programs. The budget calls for legislation requiring USDOL to charge employers for prevailing wage determinations, the permanent labor certification program, and H-2B visas for non-agricultural workers. It also calls for USDOL to retain and adjust the H-2A agricultural worker application fees. It is unclear how the fees would be assessed for each program, but this could lead to employers being charged a fee for the filing of each application.
  • Increased Border Security Infrastructure and Technology The requested funds would be used for border infrastructure and security technology, which would include the planning, designing, and construction of a physical wall along the southern border.
  • Increased Law Enforcement The requested funds would allow the U.S. Department of Justice to enhance enforcement, including the hiring of 75 additional immigration judges. These new hires would bring the total number of immigration judges to 449.
  • Expanding ICE’s Enforcement Operations – The budgeted funds would support Immigration and Customs Enforcement (ICE) in expanding its enforcement operations at the U.S. border and inside the U.S. through the hiring of 1,000 law enforcement officers and 606 operations support staff, while also expanding detention and removal operations.
  • Increased Immigration Enforcement – The budget would provide funds for expanded detention, transportation, and removal of undocumented immigrants, ensuring that the government has enough detention capacity to hold foreign nationals awaiting removal from the U.S.

What Does This Mean For Employers?

This proposed budget should be considered further evidence to all employers that the Trump administration is serious about aggressively enforcing current immigration laws and expanding them if necessary, especially in relation to security and protecting U.S. jobs.   

Whether these aspects of the proposed budget pass in their current form, employers should be prepared for increased worksite immigration enforcement, including I-9 audits, raids, Department of Justice investigations, and criminal investigations and prosecutions. In order to be prepared, employers should review their immigration compliance policies and practices, conduct a Form I-9 audit, and provide training to their employees on immigration compliance issues.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Fisher Phillips | Attorney Advertising

Written by:

Fisher Phillips
Contact
more
less

Fisher Phillips on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.