This website uses cookies

This website uses cookies to ensure you get the best experience. By using our website, you agree to our Privacy Policy

International In-house Counsel Journal logoInternational In-house Counsel Journal logo

The Trump Administration’s New Era of Enforcement Policies and the impact on U.S. Multinational Companies

Abstract

In response to the Trump Administration’s “America First” agenda , the principal agency responsible for administering U.S. immigration benefits, U.S. Citizenship and Immigration Service (USCIS), has issued a series of memoranda rescinding long-standing policies increasing its scrutiny of adjudications and broadening its enforcement ability. Under new guidance issued, the Federal Government will more closely scrutinize immigration benefits and will no longer exempt classes or categories of removable foreign nationals from potential enforcement. This enforcement-oriented agenda includes employment based non-immigrant and immigrant visa categories. As part of this updated policy, USCIS will be referring more cases to U.S. Immigration & Customs Enforcement (ICE) for removal proceedings. Importantly, this will impact companies who employ foreign professional local hires and international assignees in the U.S. This article will (i) analyze the updated enforcement-focused USCIS legal framework; (ii) examine recent USCIS adjudication trends in light of the “America First” agenda and revised internal enforcement policies; and (iii) discuss how companies can best prepare for increased scrutiny from the Federal Government and strategize to ensure business continuity in light of potential employment authorization disruptions for their international workforce.

Read Paper

Author

Portrait image of Dorothy  Capers
Dorothy Capers
Executive Vice President and Group General Counsel , National Express Group , USA

Dorothy G. Capers is Executive Vice President, Group General Counsel of National Express Group. National Express is a publicly traded transportation company on the London stock exchange with subsidiaries in the United Kingdom, Spain, Bahrain, Germany and North America. Dorothy oversees a diverse legal team across the globe that supports the Company in areas of corporate governance, finance, regulatory compliance, mergers & acquisitions, employment, labor, litigation, environmental, real estate and corporate contracts. Prior to joining National Express in June of 2015, Dorothy was Associate General Counsel for US Foods, Inc., a foodservice distribution company that is publicly traded on the U.S. Stock Exchange. There she had primary responsibility over the Litigation and Bankruptcy/Finance teams within the Legal Department. She was also a member of the team leading US Foods through a proposed merger with Sysco Corporation. Before joining US Foods, Dorothy has worked extensively as a litigator in the state, county and local government as well as in the private sector for law firms and corporations. Her government experience includes her leadership as a Deputy Corporation Counsel with the City of Chicago and as a prosecutor for the Cook County State’s Attorney’s office. Dorothy’s first in house role was as Senior Counsel with Metra Railroad. Dorothy has lectured on legal topics related primarily to internal investigations, attorney client privilege, immigration law, development of convergence and alternative fee proposals and best practices for developing in-house litigation strategies. Dorothy sits as a member of the board of the Illinois Equal Justice Foundation, Children’s Home & Aid, and the Black Alumni Network for the University of Illinois. Dorothy earned her J.D. from Howard University School of Law, Washington DC and her B.A from the University of Illinois, Champaign, IL.

Company

National Express Group  logo

National Express Group

National Express Group is a leading public transport operator with bus, coach and rail services in the UK, Continental Europe, North Africa, North America and the Middle East. Passengers made 882 million journeys on our services in 2017.

Related Papers

Key Issues and Impacts from Notable Enforcement Actions by U.S. Regulators in 2024
This article explores three notable U.S. enforcement actions of 2024 and the key issues and impacts those enforcement actions impart, as we look to 2025 and beyond. In October 2024,...Read more
Portrait image of Elizabeth Fiorelli
Elizabeth Fiorelli
Assistant Adviser of Global Legal and Compliance , Sumitomo Mitsui Trust Bank, Limited, New York Branch, USA
Individual and Collective Corporate Liability in the European Union and the United States
Especially within the current networked society, with long chains of production and distribution, and holding chains, it is easy to conceive corporations more as faceless fiction. Yet, liability cannot be...Read more
Portrait image of Anna Wennäkoski
Anna Wennäkoski
Senior Specialist , Ministry of Transport and Communications, Finland, Finland
IPO from the GC perspective – “a marathon and a sprint”
On Friday 21 June 2019, City A.M. reported that “Trainline’s shares soared on their first day of trading today after the tech giant made its £1.7bn stock market debut. The...Read more
Portrait image of Neil Murrin
Neil Murrin
General Counsel and Director, Regulatory Affairs, Trainline, UK
A Typical Day When the Regulator comes Knocking on your Door
In Hong Kong, it is not uncommon for regulators to conduct unexpected raids at companies' offices. Are companies in Hong Kong well prepared to tackle "dawn raids" conducted by regulators?...Read more
Portrait image of Valarie Fung
Valarie Fung
Partner, Yang Chan & Jamison (Member Firm Of Deloitte Legal), Hong Kong
Portrait image of Catherine Leung
Catherine Leung
Senior Associate, Yang Chan & Jamison (Member Firm Of Deloitte Legal), Hong Kong