1. Supporting International Students -- Recent Developments in Immigration
ASU Faculty Presentation
March 27, 2017
Christopher J. Brelje
(623)
Copyright © 2017 Brelje and Associates

2. What we do
Provide consultation regarding availability of work-authorized status for prospective employees
Obtain work visas and lawful status for employees, as well as extensions
Perform immigration due diligence in M&A deals and divestitures
Work with law firms, developers and foreign nationals on E-2 and EB-5 investor cases
Counsel employers on I-9 and E-Verify best practices and conduct internal I-9 audits
Defend employers against ICE civil penalty I-9 proceedings
Copyright © 2017 Brelje and Associates

3. Topics Immigration-related Executive Orders
March 6, 2017 “Muslim Ban” EO
Options for International Students
Resources
Copyright © 2017 Brelje and Associates

4. Copyright © 2017 Brelje and Associates

5. New Immigration Executive Orders
EO 13767: “Border Security and Immigration Enforcement Improvements”
EO 13768: “Enhancing Public Safety in the Interior of the United States”
EO 13769: “Protecting the Nation from Foreign Terrorist Entry into the US”
March 6 EO 13780: Revoke and Replace EO 13769
Copyright © 2017 Brelje and Associates

6. EO 13767: Border Security
Immediate construction of a physical wall on the southern border
Return non-Mexican entrants to Mexico
Identify and quantify all sources of direct and indirect federal aid or assistance to the Government of Mexico
Deputize state and local law enforcement to investigate, apprehend and detain aliens [INA 287(g)]
Hire 5,000 additional border patrol officers
Copyright © 2017 Brelje and Associates

7. EO 13768: Public Safety in the Interior
Execute immigration laws “…against all removable aliens.”
Withhold federal funds from jurisdictions that do not comply with immigration laws
Fines and penalties for those who facilitate unlawful presence
Hire 10,000 additional ICE officers
Copyright © 2017 Brelje and Associates

8. March 6 EO 13780: “Protecting the Nation from Foreign Terrorist Entry into the US”
EO is revoked and replaced effective March 16, 2017.
Section 2: 90-day ban now applies to six countries
• Iran • Sudan
• Libya • Syria
• Somalia • Yemen
Section 6: 120-day suspension of U.S. Refugee Admissions Program
“Worldwide review” of each country for additional information needed to determine “security or public-safety threat.”
By April 5, DHS must produce a list of countries that do not provide adequate information.
Copyright © 2017 Brelje and Associates

9. The 90-day six-country suspension of entry is limited:
March 6 EO 13780: “Protecting the Nation from Foreign Terrorist Entry into the US”
The 90-day six-country suspension of entry is limited:
Scope is limited to those without visas who were outside the U.S. on March 16, 2017.
Enumerated Exceptions
Discretionary Waivers
Copyright © 2017 Brelje and Associates

10. Scope of March 6 EO 13780
The 90-day six-country suspension of entry applies only if all three conditions are met:
FN was outside the U.S. on March 16, 2017;
FN did not have a valid visa on January 27, 2017; and
FN did not have a valid visa on March 16, 2017
Copyright © 2017 Brelje and Associates

11. Exceptions: 90-day suspension does not apply to
March 6 EO 13780: “Protecting the Nation from Foreign Terrorist Entry into the US”
Exceptions: 90-day suspension does not apply to
Current non-immigrant visa-holders
Legal Permanent Residents (LPRs)
Parolees, including Advance Parole
Dual nationals traveling on non-designated country passports
Diplomatic visa-holders
Those already granted asylum or refugee status
Copyright © 2017 Brelje and Associates

12. Courts Issue TROs on EO 13780 Replacement “Muslim Ban”
Hawaii – March 15, 2017 U.S. District Judge Derrick Watson grants nationwide TRO enjoining enforcement of Section 2 (90-day six-country ban) and Section 6 (120-day refugee ban)
Court focused on Establishment Clause First Amendment Violation
Plaintiffs include an Imam who has a Syrian wife and mother-in-law and USC children
Copyright © 2017 Brelje and Associates

13. Courts Issue TROs on EO 13780 Replacement “Muslim Ban”
Hawaii court finds:
Religiously neutral text and no express reference to religion; “facially neutral” language
Pre-textual justification and improper motive
Facts cited include:
President’s “Muslim Ban” comments and request to Rudy Guliani to find a way to do it legally
Six countries are 90.7% to 99.8% Muslim
Examples given by Government are two Iraqis and a Somali who entered as a refugee child and became a USC
Copyright © 2017 Brelje and Associates

14. Courts Issue TROs on EO 13780 Replacement “Muslim Ban”
Maryland District Court - March 15, 2017
U.S. District Judge Theodore D. Chuang grants a nationwide injunction barring enforcement of Section 2(c), the 90-day six-country ban.
With regard to immigrant visas, the specific non-discrimination provision of the INA [§1152(a)] trumps the general provision that the President has broad immigration powers [§1182(f)]
Copyright © 2017 Brelje and Associates

15. Courts Issue TROs on EO 13780 Replacement “Muslim Ban”
Maryland District Court also finds an Establishment Clause violation:
Facial neutrality is not dispositive of religious discrimination
Record of public statements reveals religious motivation for the travel ban
Court did not reach the Equal Protection Clause claim
Copyright © 2017 Brelje and Associates

16. Options for Students and Graduates
F-1 student OPT and STEM Extension
H-1B Specialty Occupation lottery and cap-exempt opportunities
E-2 Treaty Investor
EB-5 Employment Creation Permanent Residency
New International Entrepreneur Rule
O-1 Extraordinary Ability
DACA and DACA extensions
Copyright © 2017 Brelje and Associates

17. New International Entrepreneur Rule
Final Rule published in Federal Register January 17, 2017
Applications will be accepted starting July 15, 2017
Entrepreneur must own at least 10% of the start-up enterprise
“Qualified investor” must invest at least $250,000, or entrepreneur must show a government grant or award of at least $100,000, or partial compliance and evidence of substantial potential for rapid growth and job creation
Entrepreneur and spouse get parole (not status) and EAD for 30 months, with possible 30-month extension
Copyright © 2017 Brelje and Associates

18. Deferred Action for Childhood Arrival (DACA)
Requirements:
Born on or after June 16, 1981
Came to U.S. before 16th birthday
Resided continuously in U.S. for at least the last five years
Physically present in U.S. on June 15, 2012 at the time of DACA application
Currently in school, or High School graduate, or GED
See
Copyright © 2017 Brelje and Associates

19. DACA–plus and DAPA are likely gone
“DACA-plus” would expand the scope of DACA eligibility
DAPA (Deferred Action Parental Authority) would include FNs of all ages with USC child
Both were enjoined by TRO issued by Texas District Court, upheld by 5th Circuit, and undisturbed by 4-4 Supreme Court decision
Trump Administration will likely move to dismiss the case
Copyright © 2017 Brelje and Associates

20. Ways to Assist International Students
Explain to students the scope requirements for EO coverage.
Write a letter or declaration regarding the student’s past study and work, and attest to the presence of the student in the U.S. on March 16, 2017.
Discourage international travel
DOS, DHS and DNI can add countries to the list
Use Skype and be understanding if a student or post-grad does not want to leave the U.S.
Make a list of resources available to students
Copyright © 2017 Brelje and Associates

21. Immigration Resources for International Students
Arizona Legal Center:
American Immigration Lawyers Association:
ASU provost website:
ASU International Students and Scholars Center:
U.S. Citizenship and Immigration Services:
U.S. Customs and Border Protection:
Copyright © 2017 Brelje and Associates

22. Call-in and walk-in welcome
Arizona Legal Center
111 E Taylor St, Suite 120
Phoenix, Arizona 85004
ArizonaLegalCenter.org
M-F 8:00a to 5:00p 
Call-in and walk-in welcome 
Copyright © 2017 Brelje and Associates

23. Christopher Brelje: cbrelje@breljelaw.com
3080 North Litchfield Road
Goodyear, Arizona 85395
(623)
Christopher Brelje:
Rachel Bus:
Tara Williams:
Kerri Smith:
Melissa Salcido:
Copyright © 2017 Brelje and Associates