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In late 2021, the Biden administration announced initiatives to revise its worksite enforcement protocols and shift enforcement priorities. See Sept. 30, 2021 memo titled “Guidelines for the Enforcement of Civil Immigration Law.” This memo was meant to provide guidance regarding the apprehension and removal of non-citizens. Read more here: DHS Releases Worksite Enforcement Strategy to Protect the American Labor Market, Workers, and Worksite Conditions. The Department of Homeland Security (DHS), Department of Labor (DOL), and the Department of Justice (DOJ) were instructed to assess current worksite enforcement guidance within their agencies, provide a report on such guidance, and then work with DHS to synthesize the policies to align with the shift in enforcement priorities.

On Jan. 13, 2023, DHS announced additional guidance and protocols related to protecting workers involved in worksite investigations. See DHS Announces Process Enhancements for Supporting Labor Enforcement Investigations. DHS plans to provide protections for workers who cooperate in investigating alleged workplace violations and exploitation. This protection will be available to vulnerable workers who are working with an employer who is already under investigation. Employees in vulnerable immigration status will be eligible for deferred action and work authorization. 

This is part of a Biden administration effort to target bad actor or unscrupulous employers that allegedly exploit undocumented workers. This announcement establishes steps to protect unauthorized workers who witness or are victims of labor abuse, including granting them temporary legal status, through deferred action, continued presence, parole, and other available relief for noncitizens who are witnesses to, or victims of, abusive and exploitive labor practices.

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Photo of Laura Foote Reiff ‡ Laura Foote Reiff ‡

Laura Foote Reiff has more than 32 years of experience representing businesses and organizations in the business immigration and compliance field. She is also a business immigration advocate and has long chaired prominent business immigration coalitions. Laura is Co-Founder of GT’s Business and

Laura Foote Reiff has more than 32 years of experience representing businesses and organizations in the business immigration and compliance field. She is also a business immigration advocate and has long chaired prominent business immigration coalitions. Laura is Co-Founder of GT’s Business and Immigration and Compliance Group which she co-led since 1999. She currently chairs the Northern Virginia/Washington D.C. Immigration and Compliance Practice. Laura is also Co-Managing Shareholder of the Northern Virginia Office of GT, a position she has held since 2010. As a global leader in the business immigration community, Laura has served on the Boards of the American Immigration Lawyers Association, the American Immigration Council, the National Immigration Forum and is currently the Chair of the America is Better Board.

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.

 Admitted in the District of Columbia and Maryland. Not admitted in Virginia. Practice limited to federal immigration practice.