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On November 9, 2015, the Court of Appeals for the Fifth Circuit upheld a lower court injunction that halted a key component of the Obama Administration’s executive action relating to immigration.  In November 2014, the Administration announced a host of new immigration policies, including an expansion of the previously implemented Deferred Action for Childhood Arrivals program (DACA), and a similar policy intended to provide relief from deportation and work authorization for certain undocumented individuals with U.S. citizen children or children in lawful permanent resident status.  That policy, Deferred Action for Parents of Americans (DAPA), in combination with DACA’s expansion, was estimated to provide deportation relief and work authorization for as many as five million people. 

In December 2014, 26 states filed suit in Texas to enjoin the Federal Government from moving forward with the DAPA and DACA policy initiatives.  In February 2015, the Federal District Court for the Southern District of Texas enjoined the Administration from moving forward with its policy.  Yesterday’s decision by the Fifth Circuit upholds the injunction put in place by the District Court.  On November 10, 2015, a spokesman for the U.S. Department of Justice announced that the Administration would appeal the Fifth Circuit’s ruling to the U.S. Supreme Court. 

 

 

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Photo of Laura Foote Reiff‡ Laura Foote Reiff‡

Laura Foote Reiff is the Co-Managing Shareholder of the Northern Virginia Office. She also Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. Laura focuses her practice on business immigration laws and regulations affecting U.S. and foreign companies,

Laura Foote Reiff is the Co-Managing Shareholder of the Northern Virginia Office. She also Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. Laura focuses her practice on business immigration laws and regulations affecting U.S. and foreign companies, as well as related employment compliance and legislative issues.

Laura advises corporations on a variety of compliance-related issues, particularly related to Form I-9 eligibility employment verification matters. Laura has been involved in audits and internal investigations and has successfully minimized monetary exposure as well as civil and criminal liabilities on behalf of her clients. She develops immigration compliance strategies and programs for both small and large companies. Laura performs I-9, H-1B and H-2B compliance inspections during routine internal reviews, while performing due diligence (in the context of a merger, acquisition or sale) or while defending a company against a government investigation.

Laura represents many businesses in creating, managing and using “Regional Centers” that can create indirect jobs toward the 10 new U.S. jobs whose creation can give rise to EB-5 permanent residence for investment. She coordinates this work with attorneys practicing in securities law compliance, with economists identifying “targeted employment areas” and projecting indirect job creation, and with licensed securities brokers coordinating offerings. She also represents individual investors in obtaining conditional permanent residence and in removing conditions from permanent residence.

Laura’s practice also consists of managing business immigration matters and providing immigration counsel to address the visa and work authorization needs of U.S. and global personnel including professionals, managers and executives, treaty investors/ traders, essential workers, persons of extraordinary ability, corporate trainees, and students. She is an immigration policy advocacy expert and works on immigration reform policies.