The new Administration’s recent immigration law enforcement actions, which range from extensive audits to sweeping raids, have far-reaching impact on U.S. citizens, permanent residents and lawful nonimmigrant visa holders (e.g. foreign workers, foreign students, and other lawful nonimmigrants). Various news outlets have reported that U.S. citizens and other lawfully present non-citizens have been recently detained by Immigration and Customs Enforcement (ICE).
People living in the United States should have the following documentation prepared:
- U.S. citizens may carry a U.S. Passport or U.S. Passport Card. They may obtain one at https://travel.state.gov/content/travel/en/passports/need-passport/card.html. Federal law does not, at this time, mandate that U.S. citizens have in their possession these documents on their person for presentation to law enforcement at this time.
- U.S. Lawful Permanent Residents (also known as green card holders) who are 18 years old or older are legally mandated by federal regulations to carry their original permanent resident card with them at all times. It is proof of legal status in the U.S., and it authorizes permanent residents to live and work in the U.S. It should also be presented at all U.S. ports of entry to the United States when requesting admission to return to the United States.
- Lawful Nonimmigrants in the U.S., including foreign students, foreign workers, and other foreigners currently in the U.S. are legally required to always document proof of their immigration status. Documentation of lawful nonimmigrant status may include:
- Valid Foreign Passport with Valid Visa Stamp
- I-94 Record
- Employment Authorization Cards
- Valid Nonimmigrant Petition Approval Notices
- Parole Documents
- I-20 Forms; and
- Any other documentation showing legal status in the U.S.
In addition, we anticipate that the U.S. Department of Labor and U.S. Citizenship Services will increase its audit capacity of employee records. We encourage employers to do internal I-9 audits of records in preparation of such audits, update their verification of employment records, and maintain diligence concerning I-9 compliance requirements.
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