Meyers & Meyers, PLLC

H-1B Candidate Not Selected? Employers Still Have Options.

2026-05-11T15:50:48Z

For many employers, the conclusion of the H-1B lottery season brings a familiar frustration: identifying a strong candidate, preparing for sponsorship, and then learning that the individual simply was not selected in the lottery. Given the volume of registrations submitted each year, nonselection has increasingly become a statistical reality rather than a reflection of the merits of the candidate or the legitimacy of the position. The important point, however, is that a lottery nonselection does not necessarily end the conversation. In many cases, employers still have viable immigration options available to move forward with key hires or retain valued employees. The challenge is less about finding a single “replacement” for the H-1B and more about identifying the immigration category that best fits the particular employee, the employer’s structure, and the long-term business plan. One of the most commonly overlooked options is the cap-exempt H-1B. Not every H-1B petition is subject to the annual lottery. Certain employers, including institutions of higher education, affiliated nonprofit entities, nonprofit research organizations, and governmental research organizations, may file H-1B petitions year-round without going through the cap-selection process. In regions like New York’s Capital Region, where universities, hospitals, and research institutions play a significant role in the economy, cap-exempt opportunities arise more often than many employers realize. In some situations, strategic partnerships or concurrent employment arrangements may also create opportunities for an employee to work for both a cap-exempt and cap-subject employer. These cases require careful structuring, but they can provide meaningful flexibility for employers trying to retain specialized talent. For multinational businesses, the L-1 intracompany transfer visa may also present a strong alternative. The L-1 category allows companies with qualifying foreign and U.S. operations to transfer employees who have worked abroad for a related entity for at least one continuous year during the prior three years. The L-1A category applies to executives and managers, while the L-1B category covers employees with specialized knowledge relating to the company’s products, services, systems, or operations. Unlike the H-1B process, the L-1 category is not subject to an annual cap or lottery. For companies with an international footprint, this can create a significantly more predictable pathway for bringing key personnel to the United States. It is particularly useful for growing companies that already maintain overseas operations and are looking to move leadership or highly knowledgeable personnel into the U.S. market. Another category that has received increasing attention in recent years is the O-1 visa for individuals with extraordinary ability. While the standard for approval is high, many employers underestimate how broadly the category can apply, particularly in technology, business, science, and entrepreneurial fields. Candidates do not necessarily need to be household names or Nobel Prize winners. Strong evidence of industry recognition, significant contributions, published work, critical roles, high compensation, judging experience, or media coverage may collectively support a viable O-1 case. That said, O-1 cases are highly evidence-driven and require substantial preparation. They are not appropriate for every employee. For the right candidate, however, the O-1 can provide an important alternative where the H-1B lottery has failed to produce a result. Employers should also remember that several work-authorized visa categories are nationality-specific and operate entirely outside of the H-1B lottery system. Canadian and Mexican professionals may qualify for TN status under the United States-Mexico-Canada Agreement (USMCA). Australian nationals may qualify for the E-3 category, which closely resembles the H-1B but has its own separate quota system. Nationals of Chile and Singapore may qualify for H-1B1 status. These categories are often underutilized, despite the fact that they can offer faster and more straightforward processing than traditional H-1B cases. In the right circumstances, they can provide an efficient solution for employers seeking to onboard professional workers without waiting for another lottery cycle. Finally, for recent graduates already working in the United States, F-1 Optional Practical Training (OPT) and STEM OPT extensions may provide critical additional time. Standard OPT permits up to 12 months of work authorization following graduation, while qualifying STEM graduates may be eligible for an additional 24-month extension. In practice, this can provide employers with up to three years of work authorization while evaluating longer-term immigration strategies. Importantly, OPT should not simply be viewed as a temporary stopgap. In many cases, it creates the runway necessary to pursue another H-1B registration, develop an O-1 case, facilitate an overseas transfer strategy for a future L-1 petition, or otherwise reassess the employee’s long-term immigration options in a more deliberate way. Ultimately, there is no universal solution after an H-1B lottery nonselection. The appropriate strategy depends on the employee’s background, nationality, qualifications, work history, and the employer’s organizational structure and business objectives. What is clear, however, is that employers often have more flexibility than they initially assume. A lottery loss is very frustrating (for employers and, candidly, their attorneys too), but it is not always the end of the road. In many cases, it is simply the point at which a more tailored (and thoughtful) immigration strategy begins.

Asylum in 2026: A System Under Strain

2026-04-08T17:16:01Z

So far, in Trump 2.0, the asylum process in the United States has changed in very real and very significant ways. Some obvious, others less so from the outside. What used to be a difficult but navigable system has become far more uncertain, with a series of policy shifts reshaping not just how people seek protection, but whether they are able to do so at all. One of the most significant developments has been the expansion of so-called “third-country removals.” Instead of allowing individuals to pursue asylum claims here, the government has increasingly moved to deport them to other countries, sometimes places they have never lived, and where meaningful asylum systems may not exist. Reports indicate that thousands of individuals have already been ordered removed in this manner, often after their cases were cut short and with limited opportunity to challenge the outcome. This is not happening in isolation. It reflects a broader shift toward speed and volume, often at the expense of (due) process. At the same time, access to asylum at the border has been sharply curtailed. Recent policy decisions have effectively closed off the ability to apply for asylum in many situations. While that has contributed to a drop in border encounters, it has also raised serious legal and humanitarian concerns. Ongoing litigation, including a case now before the U.S. Supreme Court, focuses on a basic question: whether individuals who reach the border are being denied the statutory right to apply for asylum. Inside the immigration courts, the changes are just as and perhaps even more consequential. Judges are under increasing pressure to move cases quickly, with guidance encouraging decisions within compressed timelines and limiting continuances. In practice, that often means individuals are required to proceed before they have secured counsel or fully developed their claims. For many, particularly those who are detained, that is not a procedural inconvenience. It is outcome determinative. We are also seeing more cases dismissed, terminated, or decided before reaching a full hearing on the merits. Some asylum seekers are being routed directly into removal proceedings without the opportunity for a traditional asylum interview. Others are seeing their cases end early based on procedural or policy-driven grounds. The net effect is that access to the core question, whether someone actually qualifies for protection, is increasingly limited. In real terms, the asylum process is no longer just about proving eligibility. It is about navigating a system where the rules are shifting, timelines are compressed, and outcomes may hinge on factors that have little to do with the underlying claim. Individuals who might previously have had the opportunity to fully present their case are now facing removal decisions much earlier in the process, and often without counsel. None of this eliminates asylum as a form of relief. It remains embedded in U.S. law (even as it is being eroded, on what seems to be a daily basis). But the pathway to obtaining it has narrowed in a way that is both significant and immediate. For those already in proceedings, the margin for error is smaller, the timeline is shorter, and the consequences of missteps are more severe. From a practical standpoint, the takeaway is straightforward. Preparation matters more. Timing matters more. And access to counsel matters more than ever. The system is still there. But it is not nearly the same system it was a year and a half ago.

H-1B Filing Season for FY 2027: A Different Kind of Lottery

2026-02-20T20:22:04Z

If your business depends on specialized talent, the H-1B filing season has always required planning. This year, it requires something more: strategy. Beginning with the FY2027 season, the government has replaced the purely random H-1B lottery with a weighted system. In simple terms, higher offered wages receive more “entries” in the lottery. A Level I wage receives one chance at selection. A Level IV wage receives four. On its face, that may sound straightforward. It is not. Employers must now determine, at the time of registration, the correct wage level tied to the specific job, location, and salary offered. That determination must be documented and defensible. If the case is later selected, the information in the petition must be consistent with what was submitted at registration. Inconsistencies can lead to delays, denials, or worse. There is also a structural within the program reality that many employers are only now beginning to appreciate; specifically, if multiple employers register the same individual, or if the job involves multiple worksites, the lowest applicable wage level controls the number of lottery entries. What appears to be an advantage can quickly become a limitation. And layered on top of the weighted lottery is something far more consequential. Following the September 2025 Presidential Proclamation, certain H-1B petitions, particularly those for beneficiaries outside the United States, may trigger a $100,000 government payment. The fee does not apply in every case, but where it does, it fundamentally changes the economics of international hiring. For some (and indeed most) employers, it will mean reconsidering whether an overseas hire is viable at all. The result is a two-track system: one set of considerations for individuals already in the United States, and another, significantly more expensive, set for those abroad. None of this eliminates the H-1B program. It remains an important and lawful avenue for hiring highly skilled professionals. But it is no longer a simple numbers game. It is a compliance exercise, a budgeting decision, and a risk assessment, all before the registration window even closes (which, by the way, is at 12:00 p.m. ET on Thursday, March 19, 2026). For employers, the questions this year are then practical ones:

Is the wage level correct and supportable?
Is the job structured appropriately?
Is there exposure to the $100K Proclamation fee?
Are there alternative options that make more sense?

The H-1B process has always required early commitment. In 2026, it requires clarity. Careful planning now will matter far more than hopeful registration later.

Erosion of Public Trust: Immigration Enforcement in Trump’s Second Term

2026-01-05T16:53:03Z

Almost a year into Donald Trump’s second term has come a sweeping expansion of immigration enforcement, one now being framed publicly as a matter of “public safety,” but in practice rooted in fear, overreach, and political theater. The Trump Administration has openly pledged to arrest 3,000 people per day, a numerical benchmark that says far more about volume than about judgment. As immigration practitioners across the country can attest, the reality on the ground is that many of those detained have little or no criminal history, long-standing ties to the United States, and were already engaged, often in good faith, with the immigration system. This is not targeted enforcement. It is mass enforcement, and its legal and human consequences are profound. An Enforcement Model Driven by Numbers, Not Risk When arrest quotas become the measure of success, discretion inevitably erodes. Immigration enforcement shifts from identifying genuine public safety threats to meeting daily numerical goals. Workplaces, residential neighborhoods, retail establishments, and other ordinary community spaces increasingly become sites of enforcement activity, not because of individualized risk assessments, but because they are efficient. The predictable result is widespread fear, fear that keeps people from reporting crimes, from cooperating with law enforcement, and from seeking lawful status even when eligible. A system purportedly designed to promote safety instead drives people further into the shadows. The Distortion of USCIS and EOIR Equally troubling is how this enforcement-first approach distorts the roles of immigration institutions that were never intended to function as extensions of ICE. United States Citizenship and Immigration Services (“USCIS”) exists to adjudicate benefits (e.g., adjustment of status applications, naturalization, work authorization), not to serve as an ambush point for arrests. Yet reports of ICE arrests occurring at or immediately after USCIS interviews have become increasingly common. For many immigrants, what was once a place to resolve status issues has become a place to fear detention. The Executive Office for Immigration Review (“EOIR”) faces similar pressures. Immigration courts are already overwhelmed, yet enforcement-driven case initiation floods the system with matters that could, and should, be handled through more measured administrative processes. Due process suffers when speed and volume displace fairness and careful adjudication. The Human Cost of Mass Enforcement Behind every statistic is a person: a spouse separated from a partner, a parent taken from a child, an employee removed from a workplace that depends on them. Detention is occurring abruptly, without meaningful access to counsel, and is upending families and livelihoods overnight. These outcomes are not collateral damage; they are foreseeable consequences of a system that prioritizes arrests over justice. When people who are complying with the law, or attempting to do so, are punished simply for showing up, public trust in the fairness of the immigration system inevitably collapses. Why Public Trust Matters An immigration system cannot function without legitimacy. When immigrants believe that engaging with the system places them at greater risk, fewer will do so. That erosion of trust does not strengthen the rule of law, it weakens it. Enforcement has a role in any legal system. But enforcement untethered from proportionality, discretion, and due process ceases to be governance and becomes spectacle. As the President’s second term continues to unfold, the challenge will not only be navigating harsher policies, but preserving the foundational principle that law is meant to be applied fairly, not fearfully.

When Liberty Itself Is on the Line: Habeas Corpus and Immigration Detention in the Trump Era

2025-11-11T17:54:03Z

In a political climate where immigration enforcement has once again become a rallying cry, the ancient writ of habeas corpus may be one of the last meaningful checks on executive overreach. Under the Trump Administration’s revived and endlessly expanding enforcement priorities, we are seeing more detentions, fewer bond hearings, and an ever-narrowing pathway to judicial review. Against that backdrop, the right to challenge one’s detention through habeas relief is not just a procedural safeguard, it is a constitutional lifeline. The Constitutional Anchor in an Unsteady System For centuries, habeas corpus, literally, “you shall have the body”, has been the mechanism by which individuals can demand that the government justify their detention before a neutral court. In immigration, it has always occupied a fragile but vital role: the last resort when administrative remedies fail or, as is the case recently, are deliberately constrained. Today, that fragility is being tested. The Trump Administration’s policies have accelerated detentions across the board, including those of asylum seekers, long-term residents, and individuals with pending (or even previously granted) relief, while simultaneously curbing access to immigration judges and bond hearings. In some cases, people are detained for months or even years without meaningful judicial review. Habeas corpus becomes the only way to force the government to explain why someone remains behind bars. The Mechanics of Habeas in Immigration A habeas petition is filed in federal district court, not in the immigration courts overseen by the Department of Justice. It asks a federal judge to determine whether the detention itself is lawful, not whether the person should ultimately be deported. The questions are fundamental: Has the government exceeded its statutory authority? Has it violated the Constitution’s due process guarantees? Has it turned “temporary” detention into indefinite imprisonment without justification? Historically, courts have recognized the profound liberty interests at stake in these cases. In 2001, the Supreme Court, in the seminal case Zadvydas v. Davis made clear that the government cannot detain individuals indefinitely once removal is no longer reasonably foreseeable. Yet two decades later, the same fights are being waged again, this time in an even more charged environment, one where rhetoric about “law and order” and “mass deportation” often drowns out the rule of law itself. The Stakes in the Current Moment What makes this period uniquely troubling is the deliberate erosion of oversight. When the executive branch concentrates immigration authority within agencies like ICE and limits judicial review, habeas corpus becomes more than a procedural formality; it becomes the test of whether the separation of powers still functions. Each habeas petition filed on behalf of a detained immigrant is, in essence, a demand that the Constitution still means what it says: that no person, citizen or not, may be deprived of liberty without due process of law. For immigration practitioners, these cases are no longer theoretical. Federal courts from New York to California are again being asked to decide whether detaining individuals for months on end without hearings violates the Fifth Amendment. The outcomes of these cases will determine whether the courts remain a meaningful counterweight to political expedience. My Final Word Habeas corpus has long been called the Great Writ because it enforces the most basic principle of a free society, that the government must answer for the deprivation of liberty. In this moment, when immigration enforcement has been weaponized for political gain, that principle is being tested in ways we have not seen in decades (or perhaps ever). The rule of law cannot depend on who sits in the White House. It must rest on the enduring promise that no person is beyond the protection of the Constitution. If liberty is to mean anything, habeas corpus must remain more than a Latin phrase in a dusty law book. It must remain a living right, one that stands between authority and abuse, between rhetoric and justice.

Denaturalization: When Citizenship Itself Becomes Precarious

2025-10-20T20:22:25Z

For most immigrants, naturalization represents the end of a long and often difficult process (or dare I say journey for some). It’s the moment when uncertainty gives way to belonging; when the right to vote, to travel freely (both within, and to and from the United States), to petition for family members, and to live without fear of deportation, becomes secure. Yet under the Trump Administration, even that sense of permanence is being tested. President Trump has made denaturalization, that is, the process of revoking U.S. citizenship, a top enforcement priority. Historically, denaturalization was reserved for extraordinary cases: individuals who had concealed serious criminal conduct, participated in human rights violations, or obtained citizenship through deliberate and material fraud. Those cases were rare and typically justified by clear evidence that the person should never have been naturalized in the first place. That is (seemingly) no longer (going to be) the norm. In recent years, the Department of Justice has established specialized units dedicated solely to denaturalization prosecutions. These teams are reviewing thousands of old files, some dating back decades, looking for inconsistencies that can be recast as misrepresentation or fraud. While a handful of cases involve serious criminal activity, many and indeed likely most do not. Minor omissions, clerical mistakes, or misunderstandings made years earlier during the green card process are now being scrutinized as potential grounds to revoke citizenship. The Legal Framework Under federal law, citizenship obtained through “concealment of a material fact or willful misrepresentation” may be revoked. A person’s naturalization can also be revoked if the individual’s underlying permanent resident status was improperly granted, or if the individual joined certain proscribed organizations within five years of naturalization. Convictions for crimes that would have barred naturalization in the first place may also trigger review. But these standards require more than error; they require proof that the misstatement or omission was material and intentional. Historically, courts and prosecutors interpreted those terms narrowly. Recently, however, the government’s interpretation has expanded, focusing less on intent and more on technical accuracy. In some cases, the Department of Justice has pursued denaturalization based on issues that were known to the government at the time of naturalization, or that had no bearing on the applicant’s eligibility at all. The Broader Implications The expansion of denaturalization authority raises profound questions about fairness and finality. Citizenship is supposed to be permanent, i.e., an unqualified legal (and some might say emotional) commitment between individual and nation. When that permanence is called into question, even for a small number of people, the damage to public confidence is widespread. Naturalized citizens who have lived, worked, and raised families in the United States for decades now wonder whether a forgotten detail from years past could be turned against them. The message this sends to future citizens is equally troubling; that citizenship is conditional, and that political shifts, not personal conduct, can determine who truly “belongs.” Enforcement of immigration law is essential, but it must be balanced against the principles that define citizenship itself. The government’s legitimate interest in preventing fraud cannot justify eroding trust in a process designed to affirm equality. The naturalization oath is a promise, on both sides, and the government (including the Trump Administration) must honor its end of that bargain. A Final Thought Citizenship should not depend on who holds power in Washington or on which political narrative dominates the day. It should not be treated as a revocable privilege subject to reinterpretation years after the fact. Once granted in good faith, it should be secure. If we are to preserve the integrity of our immigration system, we must also preserve the integrity of its endpoint: the belief that when someone becomes an American, they are an American. Anything less undermines the very meaning of citizenship itself.

We All Need to Tone It Down: My Call for Measured Voices in a Volatile Moment

2025-10-01T19:21:25Z

The recent shooting at an ICE facility in Texas highlights how volatile our national conversation around immigration has become. Within hours of the incident, President Trump blamed “radical leftists” for fueling the violence. Others pointed in different directions. What is clear is that in today’s climate, tragic events are quickly weaponized, and debate turns into accusation. The Incident and the Reaction The Dallas shooting is still under investigation, but the political reaction has been swift and predictable. One side seeks to link the act to a broader narrative of law and order; the other emphasizes government overreach and abuse of power. These competing storylines leave little room for the facts themselves. They also leave little room for careful discussion about how we address real problems in our immigration system. Immigration Under Pressure Our immigration system is already stretched. Agencies face historic backlogs, enforcement priorities change with each administration, and those caught in the middle, immigrants, families, employers, are left with uncertainty. In this environment, inflammatory rhetoric from both the left and the right does real harm. When immigrants are described as criminals or invaders, it distorts public understanding. When political leaders and commentators use every incident to score points, it discourages the compromise that meaningful reform requires. Why Tone Matters Words shape actions. Escalating rhetoric deepens polarization, undermines trust in institutions, and, in some cases, inspires violence. Immigration is a complex system involving statutes, regulations, courts, and human judgment. Simplistic slogans and attacks obscure that complexity and make it harder to fix what is broken. If we want a system that works, we need to be able to talk about it without reducing every issue to “us” versus “hem.” How About A Different Approach? There is no single solution, but there are steps we can take. Leaders in both parties should focus on facts and accountability rather than labels. Citizens around the country, all of it, should resist the urge to share or repeat rhetoric that inflames rather than informs. And all of us should be willing to hear perspectives that differ from our own. None of this requires abandoning strong positions or principles. It requires engaging in debate without assuming bad faith at every turn. My Closing Plea The stakes in immigration are high, and the lives of individuals and families hang in the balance. But strong advocacy can be carried out without resorting to distortion or demonization. We can call for change while recognizing the humanity of those on the other side of the debate. If we do not, the cycle of violence and blame will continue. If we do, we may yet move toward solutions that reflect both our values and our interests.

Trump’s “Big Beautiful Bill” Is Law: Here’s What That Means Now

2025-08-21T17:24:40Z

Immigration law doesn’t stand still these days (even if it historically felt like moving a glacier). It is now evolving faster than many can keep up with, given the evolving and shifting priorities of the President (and Congress too), and the implications are all too real for individuals and families trying to build a future in the U.S. What was once buzzed about as a headline-grabbing reconciliation bill, the One Big Beautiful Bill Act (“OBBBA”), became law on July 4, 2025, when President Trump signed the package into effect.

Since then, the fallout has begun. In the weeks following enactment, the Trump administration rolled out massive deployments across the country, using the bill’s unprecedented funding to fuel one of the most aggressive deportation campaigns in memory. ICE is now operating with nearly $170 billion, nearly double its usual annual budget, supporting expanded detention, mass deportation targets, and even setting up new detention sites on military bases.

So, what’s in it? Buried within its hundreds of pages are provisions that sharply raise immigration-related fees and channel unprecedented sums toward mass deportations. By tying these measures to the budget reconciliation process, the bill has handed the President extraordinary latitude, including billions in new funding, for border security and immigration enforcement, all outside the usual annual appropriations process. Here are just a few of its provisions.

Enforcement Surge: Detentions, Deportations, Dollars

The OBBBA unleashed a staggering infusion of resources into immigration enforcement. Tens of billions fund detention centers and Border Wall construction; Immigration & Customs Enforcement (“ICE”) and Customs & Border Protection (“CBP”) received money to hire thousands of new agents; and surveillance technology, including biometric systems, facial recognition tools, and millions for border towers, is being deployed, an infrastructure build-out that critics say exceeds what the bill’s drafters ever explained to the public

Courts Trail Behind; Backlogs Deepen

While enforcement is surging, support for the legal system lags dangerously behind. The bill allocates just $1.3 billion for the Executive Office for Immigration Review (“EOIR”), which caps at 800 immigration judges, far too little to keep pace with an existing backlog that already exceeds 3.67 million cases. Without more judges or support staff, detained individuals could wait years for hearings.

Hardship for Immigrant Families: Fees, Benefits, and Beyond

The law doesn’t just fund enforcement; it tightens the screws on immigrants’ access to protection and benefits. Significant fees for asylum, work permits, and appeals, all aimed at raising revenue, are now reality. Public benefits such as Medicaid, SNAP, and the Child Tax Credit are pared back or eliminated for many lawfully present immigrants and their children. Meanwhile, a 1% remittance tax now hits immigrants sending money home, an extra financial burden many did not foresee.

What does all this mean for individuals and the communities they live in? Immigration attorneys, advocates, and the people you serve need to understand that the One Big Beautiful Bill may be behind us, but its impacts are only accelerating. The balance of power has shifted: enforcement is surging, courts are stretched thin, and critical supports are slipping away. Now more than ever, anyone navigating immigration pathways or considering asylum, visas, or adjustment of status must stay informed, and get help quickly.

The passage of this bill marks a troubling step backward for our nation’s immigration policy. Instead of addressing the real and urgent need for a fair, functional, and humane system, Congress has chosen to supercharge enforcement and detention, granting the Administration unprecedented resources to expand mass deportations. Even more alarming, this comes as the President makes public threats to target not only immigrants, but U.S. citizens themselves, an approach that undermines the very foundations of our democracy.

And the consequences extend well beyond immigration. By siphoning billions from programs that Americans depend on every day, like healthcare, for example, this legislation trades public well-being for an aggressive, punitive agenda. It does nothing to relieve the crushing case backlogs that deny families and businesses timely decisions and instead piles on new financial and procedural barriers for those navigating the legal immigration process.

The harm will be widespread. Families who have lived in the U.S. for decades, asylum seekers fleeing danger, naturalized citizens, and even those born here could find themselves caught in a system more focused on fear than fairness. And in dismissing the economic, cultural, and civic contributions immigrants make every day, the bill ignores the truth: our communities thrive because of their diversity and shared investment in the American dream.

We should be working toward an immigration system that reflects our highest ideals, justice, dignity, and opportunity, not one that weaponizes enforcement against our neighbors. This law fails that standard, and its supporters in Congress must answer to the American people for the damage it will cause.

Immigration Under Trump 2.0: Almost Six Months In, A System in Freefall

2025-07-11T19:29:18Z

We’re just five or so months into the second Trump Administration, and already the immigration system, or what remains of what we historically understand it to be, has been gutted, reengineered, or in some cases, outright ignored. And, to be fair, I have advocated for immigration reform forever, but this is not that. The rule of law, already under stress during Trump’s first term, has now been openly and unapologetically supplanted by executive fiat, operational chaos, and political retribution. This isn’t just policy reform, it’s full-blown reset. Let’s take stock of where we are.

The Rule of Law Is a Casualty

The administrative state has become unmoored from legal norms. Trump has sidelined the statutory framework that historically guided immigration policy. Regulations are now routinely ignored or circumvented, and decisions once grounded in precedent or statute are being issued without meaningful legal justification. Agencies like USCIS and ICE are taking marching orders from political appointees rather than the law. Due process, long a fragile concept in immigration, has never felt more imperiled.

The Immigration Courts Are No Longer Courts

The Executive Office for Immigration Review (EOIR), once nominally independent, is now little more than a policy arm of the White House. Docket manipulation is rampant. Judges are being shuffled, reassigned, and disciplined based on ideological compliance. The use of “rocket dockets,” especially for recently arrived families and asylum seekers, has eliminated any semblance of a fair hearing. Appeals are being fast-tracked or denied outright with minimal explanation. The courts, once a flawed but functional forum for justice, now resemble a processing line.

International Students Are Under Siege

The Trump Administration has resumed and intensified its scrutiny of international students. F-1 visa issuance is down to barely a trickle, OPT and STEM OPT are under attack, and student visa holders are facing arbitrary denials and increased enforcement actions. The message to the world’s brightest mindsis nothing less than you're not welcome. Institutions of higher learning, already reeling from demographic and financial shifts, now face an even steeper climb to attract and retain global talent.

Enforcement Through the Lens of “National Security”

Immigration enforcement has taken on a new tone, one rooted in the language of national security rather than human dignity or economic necessity. ICE raids are up. Interior enforcement priorities are blurred. The enforcement machine is no longer just targeting “criminal aliens” (as the President promised it would); it is now sweeping up workers, families, and long-settled individuals without regard for equities or ties to the United States. Border militarization is accelerating, and asylum processing has become a gauntlet of deterrence and denial.

The Humanitarian Safety Net Is Being Dismantled

Perhaps most disturbing is the Administration’s dismantling of humanitarian programs. Parole programs for Afghans, Cubans, Haitians, Nicaraguans, and Venezuelans have been terminated. The CAM (Central American Minors) program is under threat of being halted. TPS designations are under review and facing rollbacks. Asylum standards are being redefined to make protection harder to qualify for. What little humanitarian space existed in our system is quickly closing. Where Do We Go From Here? The pace and breadth of these changes suggest not a course correction (or, as I would like to say, well thought out comprehensive immigration reform), but an intentional effort to dismantle the foundational principles of our immigration system. What we are witnessing is not reform, but rather it is erosion. The institutions, processes, and protections that once undergirded lawful migration to the United States are being hollowed out from within, replaced with arbitrary enforcement and ideological governance. What comes next is anyone’s guess. The administration shows no signs of slowing down, and there appears to be little appetite in our divided Congress to intervene. For immigrants, their families, and the practitioners who represent them, the only certainty is uncertainty. And yet, amid the chaos, it remains our responsibility to bear witness, speak out, and fight back, legally, politically, and morally, for a system that honors due process, respects human dignity, and reflects the values we claim to hold as a nation.

Employer Compliance in the Trump 2.0 Era: What You Need to Know About I-9 Audits, On-Site Inspections, and ICE Raids

2025-06-16T02:02:52Z

Employer Compliance in the Trump 2.0 Era:

What You Need to Know About I-9 Audits, On-Site Inspections, and ICE Raids

Immigration enforcement in the workplace (and practically everywhere for that matter) is in the midst of an unprecedented resurgence. With Trump 2.0 now firmly in place (and in action, or chaos some might say), employers are now experiencing a massive uptick in federal worksite enforcement activity. More I-9 audits, more unannounced site inspections by the U.S. Department of Labor (“DOL”) and Immigration and Customs Enforcement (“ICE”), and yes, even more workplace raids. Employers are squarely in the government’s crosshairs. Here's what you can, and should, do today to stay compliant and, hopefully, out of trouble.

Keep Your I-9s Audit-Ready, All Year Long

Form I-9 remains the cornerstone of immigration compliance. ICE is now issuing Notices of Inspection (“NOIs”) at historic levels, targeting up to 12,000 –15,000 audits annually under current administrative priorities. Employers must complete an I-9 for every new hire and retain those forms for three years after hire or one year after termination, whichever is later.

What employers should do:

Do a Self-Audit. Review each I-9 for completeness, confirm documents are properly verified, and check retention schedules.
Correct any technical or procedural errors (but not substantive errors), and document those corrections.
Stay up to date with 2025 I-9 fine thresholds; penalties now run up to $2,861 per paperwork error and as much as $28,619 for knowingly hiring, recruiting, referring, or retaining unauthorized workers (for each worker).
Don’t wait for ICE to uncover a mistake. With proactive corrections, you may receive a compliance letter instead of a penalty.

Be Prepared for Unannounced Site Inspections

Federal agents from ICE or the DOL can, and are increasingly likely to, show up in person with little or no warning. (Recent experience with my own clients bears this out.) These visits may involve requests for everything from I-9s to payroll records and may also include interviews with employees.

What employers should have in place:

Designate a point person, ideally in HR or legal, who is trained and ready.
Organize critical records (e.g., I-9s, E-Verify files, L-1/H-1B documentation, wage and time records), and make sure they are all in a clearly labeled, accessible and secure system.
Train reception staff. They should calmly request credentials, direct agents to your employer liaison / point person, and by no means should they offer unlimited access.
Understand your rights. You can request a warrant, limit their access, and insist on legal counsel or an attorney being present.

Preparation can convert a disruptive visit into a manageable process (and mitigate stress for you and your employees).

Develop an Action Plan for Workplace Enforcement

ICE enforcement operations, sometimes referred to as "raids," but more accurately called administrative actions, are back and intensifying. These visits may result in employee detentions pursuant to judicial (not administrative) warrants, with agents stationed at exits.

Your response plan should include:

A chain of command. Who speaks to ICE, who notifies counsel, who communicates with staff?
A reception script. Confirm credentials, limit agent movement, and quietly escalate.
Employee guidance. Teach your staff to remain calm, request legal representation, and understand their rights.
Crisis communications. Prepare for possible detentions with a respectful, factual internal message.

A thoughtfully developed response plan can save your company significant risk exposure, legal liability, and reputational harm.

Final Word: Act Today, Avoid Tomorrow’s Fallout

Worksite immigration enforcement in Trump 2.0 is active and escalating, and enforcement won’t be slowing down anytime soon. Staying compliant isn’t just a legal obligation, it’s essential for maintaining operations, reputation, and workforce stability. Here’s your action checklist:

Conduct annual I-9 self-audits.
Keep up with updated fine schedules and internal definitions of technical vs. substantive violations.
Implement a trained inspection response team and accessible document systems.
Create a detailed enforcement response playbook, covering ICE engagement, employee support, and communication.

Proactive measures reduce enforcement risk, and signal to authorities that your company or organization is committed to lawful, fair treatment of employees. If your current processes are falling short, take steps now to rectify that.