3:35 PM -4:25 PM Workplace Immigration Policy under the Current Administration

Transcription

1 Immigration Law in 2017 for the Employment and Labor Lawyer What every employment and labor law attorney should know regarding immigration law under the new administration and beyond. 3:30 PM Opening Remarks and Introduction Peter Rukin Peter Rukin is a partner in Rukin Hyland. Mr. Rukin specializes in complex employment litigation, with a focus on class wage and hour litigation, equal employment opportunity claims, and the representation of executive and professional employees in employment matters. 3:35 PM -4:25 PM Workplace Immigration Policy under the Current Administration Stacey Gartland Stacey L. Gartland is a Certified Specialist in Immigration and Nationality Law by the State Bar of California Board of Legal Specialization. She is a graduate of the University of Washington School of Law and holds a Bachelor of Science degree in Molecular Biology and a Master of Arts degree in Philosophy/Biomedical Ethics. She entered the practice of immigration law as a skilled scientist with a background in genetics. Her medical and scientific background gives her a deep understanding of biotechnology and related areas. She specializes in employment-based nonimmigrant and immigrant visas for scientists, university professors, healthcare workers, business owners and managers, and other professionals. She is particularly skilled at preparing complex labor certification applications, extraordinary ability petitions, outstanding researcher petitions, national interest waivers, and investor visa applications. She also specializes in family-based immigrant visas, naturalization applications, and in applications for relief from removal, including political asylum. Ms. Gartland has been practicing immigration and nationality law since San Francisco Magazine has named her among its Northern California Super Lawyers in this specialty. She has authored articles published in the American Immigration Lawyers Association's (AILA) Immigration & Nationality Law Handbook and has spoken at national AILA conferences and other legal educational seminars. In 2011, Ms. Gartland was appointed to a three-year term on the California State Bar Immigration and Nationality Law Advisory Commission to the California Board of Legal Specialization. The advisory commission makes initial recommendation regarding board certification and re-certification of certified specialists; prepares certified specialist examinations; and evaluates and accredits programs and providers of continuing legal education. 4:25-5:15 PM Immigration Basics for Labor and Employment Lawyers - Immigration Issues in the Workplace Maria L. Ontiveros, Professor and Dean's Circle Scholar, University of San Francisco School of Law Professor Maria Linda Ontiveros focuses her scholarly work on employment law with an emphasis on immigrant workers' rights. She publishes and presents regularly on a variety of related topics, including the history of immigrant workers, workplace harassment of women of color, organized labor, immigrants and the Thirteenth Amendment, and access to education for children of undocumented

2 workers. Ontiveros is co author of Employment Discrimination Law: Cases and Materials on Equality in the Workplace, and the author of numerous articles and book chapters. Conchita Lozano-Batista, Partner, Weinberg, Roger & Rosenfeld Conchita Lozano-Batista specializes in labor and ERISA law. Ms. Lozano-Batista regularly counsels unions and employee benefit plans in matters dealing with labor law, employment law, and employee benefits law. Ms. Lozano-Batista has also developed a focus on immigration issues in the workplace and has spoken on this topic at law conferences and at law schools. Ms. Lozano-Batista regularly advises unions on immigration issues as they arise in the labor context including E-Verify, no-match letters, I-9 verification and audits, and unlawful reverification. Ms. Lozano-Batista also litigates personal injury and employment law cases on behalf of union members and their survivors. Ms. Lozano-Batista s clients include unions, employee benefit plans and members in a variety of industries, including construction, manufacturing, food and service industries. Marcine A. Seid, Principal Attorney, Seid Law Group Ms. Seid is the principal attorney of the Seid Law Group located in Palo Alto, California where she advises and represents start-ups, emerging high technology companies, medium sized companies, and multi-national companies in the Silicon Valley and throughout the 50 States.Ms. Seid's immigration practice areas include permanent residence and citizenship; visas for executives, managers, scientist, scholars, engineers, financial and other professionals, student and visitors, PERM labor certification and employment-based visa petitions. Moreover, she has experience consulting on 1-9 employment verification issues, advising employers in the implementation of compliance policies and procedures and representing employers in agency immigration worksite investigations. Ms. Seid is a nationally recognized speaker and thought leader on business immigration matters and has co-authored two books, Immigration Compliance Auditing for Lawyers published by the American Bar Association, and Immigration in the Workplace. She has been included in Best Lawyers in America for over ten years; US News: Best Lawyers and Who's Who Legal Corporate Immigration.Ms. Seid is also an active member of the immigration bar. She is an elected director of the American Immigration Lawyer's Association's (AILA) National Board of Governors. She has also served as a member of AILA's National Verification & Worksite Enforcement Liaison Committee and on other national and local AILA liaison committees with U.S. Citizenship and Immigration Service in past years. 5:15 PM 6:00 PM When non-immigration issues in the workplace lead to immigration issues Carmen León, Field Attorney National Labor Relations Board Carmen is an attorney at the National Labor Relations Board (NLRB), where she investigates and litigates unfair labor practices under the National Labor Relations Act. Ms. León received her BA in Economics from the University of California Berkeley and her JD from the University of San Francisco School of Law. She is a member of the BASF Labor and Employment Law Sector Executive Committee and the USF Labor and Employment Advisory Board. Jennifer Tse, Regional Coordinator Workplace Crimes, Western Region, U.S. Department of Labor, Wage & Hour Division Jennifer Tse is the Regional Coordinator Workplace Crimes for the Western Region in the Wage and Hour Division of the U.S. Department of Labor. Ms. Tse s region covers eight states and three U.S. territories, including Guam, American Samoa, and the Northern Mariana Islands. In her position, she works with exploited immigrant workers and makes recommendations whether to certify applications for U and/or T Nonimmigrant Status on behalf of immigrant victims of labor-related crimes and labor trafficking. Prior to her position with the U.S. Department of Labor, Ms. Tse was an attorney at the

3 Immigrant Justice Project of the Southern Poverty Law Center (SPLC) in Atlanta. At SPLC, she worked as an immigration attorney and in civil litigation involving class-action labor trafficking, workers rights, and civil rights cases. Ms. Tse received her J.D. from Santa Clara University School of Law and her B.A. from the University of California, Los Angeles. An avid hiker, runner and consumer of delicious food and caffeine, Jennifer hikes and runs mostly so that she can continue consuming. Christy J. Kwon, Supervisory Attorney National Labor Relations Board Christy J. Kwon is a supervisory attorney with the National Labor Relations Board (NLRB), in its San Francisco regional office (Region 20). The NLRB is an independent federal agency vested with the power to safeguard employees' rights to improve their and to determine whether to have unions as their bargaining representative. Ms. Kwon supervises the investigation and litigation of unfair labor practices charges, and manages Region 20 s injunction litigation program. She frequently moderates or speaks on labor and employment law panels and organizes outreach events with other federal agencies, bar associations, law schools, and community-based organizations. She is also one of the agency s immigration coordinators providing assistance when immigration issues arise during the course of investigations and litigation. She is a member of the State Bar of California, Labor and Employment Section, Executive Committee and co-chairs the Civil Rights Committee of the Asian American Bar Association of the Greater Bay Area. She volunteers as an arbitrator for San Francisco s Department of Human Services, and coordinates the Bay Area Federal Employees Pro Bono Program. Ms. Kwon earned her J.D. from UCLA School of Law, and her B.A. from U.C. Berkeley.

4 Immigration Law in 2017 for the Employment and Labor Lawyer What every employment and labor law attorney should know regarding immigration law under the new administration and beyond. 3:30 PM Opening Remarks and Introduction I. 3:35 PM -4:25 PM Workplace Immigration Policy under the Current Administration 1. Overview of the government agencies involved in enforcing immigration laws and their scopes of authority a. Department of Homeland Security (DHS) i. US Citizenship and Immigration Service (USCIS) ii. iii. Customs and Border Protection (CBP) Immigration and Customs Enforcement (ICE) b. Department of State (DOS) i. Bureau of Consular Affairs c. Department of Labor (DOL) i. Employment and Training Administration (ETA) ii. Employment Standards Administration (ESA), Wage and Hour Division d. Department of Justice (DOJ) i. Executive Office of Immigration Review (EOIR) (OCAHO) ii. Office of the Chief Administrative Hearing Officer 2. President Trump s Executive Orders Concerning Immigration a. Enhancing Public Safety in the Interior of the U.S. (1/25/17) b. Border Security and Immigration Enforcement Improvements (1/25/17) c. Protecting the Nation from Foreign Terrorists Entry into the U.S. (1/27/17, Travel Ban 1 and 3/6/2017, Travel Ban 2 ) d. Buy American, Hire American (4/18/17)

5 e. Rescission of the Deferred Action for Childhood Arrivals (DACA) (9/5/17) 3. History of Worksite Raids and Current Enforcement Trends II. 4:25-5:15 PM Immigration Basics for Labor and Employment Lawyers - Immigration Issues in the Workplace 1. Verification a. I-9 compliance from an employee perspective (Conchita) and employer perspective (Marcine) - this will be fairly brief b. E-Verify: Marcine: the reasons why employers are using it (voluntary; consent decree with ICE; federal contractor) and problems associated with it. Conchita: limits on e-verify through state and local ordinances c. Immigration -related discrimination and the role of the IER: Marcine 2. Audits and Raids a. Timeline/Flow chart of an audit from employee perspective (Conchita) and employer perspective (Marcine) b. Audits in Unionized Workplaces i. Anticipatory measures to take before an audit - CBA language (Conchita) ii. How to react to an audit (1) Union perspective - MOU and deconfliction issues/ may sidetrack the audit (2) Employer perspective - Marcine c. Post-audit issues: negotiation of fines and how to handle lay-offs (Marcine and Conchita) III. 5:15 PM 6:00 PM When non-immigration issues in the workplace lead to immigration issues 1. Overview of U visas and T visas 2. Overview of Qualifying Crimes 3. Agencies that can certify 4. Real world examples from the DOL and the NLRB