Appeals Court Strikes Trump Administration’s Efforts to End DACA

On Thursday, a three-judge panel of the U.S. Court of Appeals for the 9th Circuit unanimously upheld a ruling that President Trump is not permitted to immediately end the Deferred Action for Childhood Arrival (“DACA”) program brought under the Obama administration in 2012—keeping the present nationwide injunction in place.  As we previously reported here, in September of 2017, the Trump administration sought to end DACA after the state of Texas and several other states threatened to sue to force and end of the program that allows undocumented immigrants who came to the U.S. before the age of 16 and met certain criteria to enjoy a period of deferred deported action. In response, a number of courts throughout the country ruled the administration’s reasoning to end the program was incorrect and DACA has remained in place.

Yesterday, the Napa County Farm Bureau sent out an email alerting members that it had been informed that Immigration and Customs Enforcement (“ICE”) inspections were happening in the area, according to an article this morning in the Napa Valley Register.  Though no specific reports have been made, employers should be on alert and prepared should ICE agents come knocking.

H-2A Labor Recruiters Charged with Fraud and Conspiracy

Yesterday, three men from Southern California were arrested pursuant to a federal grand jury indictment for allegedly participating in an immigration fraud scheme, including illegally charging individuals from Mexico thousands of dollars in exchange for H-2A visas.

Former Fancy Farms Employees Continue Pursuing Recruitment Fee Suit

In November 2015, H-2A employees sued Fancy Farms for failing to include a clause in their contract with All Nations Staffing LLC that barred the staffing company from collecting recruitment fees from the workers. Last year, a judge ruled that the workers had failed to demonstrate that the farm had authorized the staffing company to collect recruitment fees, with a full judgment filed in favor of Fancy Farms in January 2018.

Stricter Visa Screening to Include Social Media Scrutiny

In a Federal Register Notice from March 30, 2018, the State Department requested public comment on its proposal that includes adding several additional questions to the Online Application for Nonimmigrant Visa (Form DS-160). One of these additional questions requires applicants to list any social media accounts they’ve used during the five years preceding the date of the application. The notice says that this information will be collected for “identity resolution and vetting purposes based on statutory visa eligibility standards.”

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