1. Executive Orders on Immigration – An Update
ASU
March 21, 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
New International Entrepreneur Rule
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
Detain individuals on suspicion of violating federal or state law
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. 90- day suspension does not apply to:
March 6 EO 13780: “Protecting the Nation from Foreign Terrorist Entry into the US”
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

10. Does Revoke and Replace Cure the Unconstitutional Provisions of EO 13769 “Muslim Ban”?
1. Sec 3(c) suspended entry of foreign nationals of seven countries as immigrants and non-immigrants.
New EO allows entry of those who hold visas as of March 16.
2. Sec 5 (a)-(c) suspended refugee program for 120 days, prioritized minority-religion claims, and banned Syria refugees.
New EO includes 120-day refugee suspension for all new refugees and does not single out Syria or other countries and does not include religious-minority priority. After 120 days, only refugees from countries approved by DOS, DHS and DNI may enter as refugees.
3. Sec 5 (e) allowed refugees with minority-religion claims to enter during the suspension period.
New EO does not include such a provision.
Copyright © 2017 Brelje and Associates

11. Courts Issue TROs on EO 13769 “Muslim Ban”
Court orders prohibiting implementation of parts of Executive Order:
New York—nationwide Temporary Restraining Order (“TRO”) prohibiting removal of valid visa holders detained at airport
California--nationwide TRO prohibiting removal, detaining, or blocking entry of any person with valid immigrant visa, and prohibiting cancelling of validly obtained and issued immigrant visas
Seattle—nationwide TRO staying implementation of 5 sections of the EO, upheld by Ninth Circuit
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 with USC children and a Syrian wife and mother-in-law
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 refugee child who 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. American Immigration Lawyers Association:
Know Your Rights!
American Immigration Lawyers Association:
Three Handouts:
Worksite Raid
Home Visit
Public Stop
Copyright © 2017 Brelje and Associates

17. Investors and Entrepreneurs
E-2 Treaty Investor - - limited to nationals of certain countries for temporary stay in U.S.
EB-5 “Employment Creation” or “Million Dollar Visa” for permanent residency
New International Entrepreneur Rule
Copyright © 2017 Brelje and Associates

18. 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

19. 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

20. 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