Laborsphere

Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) Under the Trump Administration 2.0

President Trump has ordered a review of Temporary Protected Status (TPS) designations made under the Biden administration. The President has previously stated that he intends to revoke TPS for Haitians and Venezuelans, two of the three largest groups of TPS beneficiaries in the United States. During his first administration, he chose to let TPS designations expire for several countries before being blocked in court. Other humanitarian immigration programs like Deferred Enforced Departure (DED) may be at risk under the new Trump administration. The administration’s actions in choosing to extend or eliminate TPS and DED designations for countries up for expiration in 2025 will inform how the administration will proceed with the humanitarian programs.

To view the full alert, visit the Faegre Drinker website.

Deferred Action for Childhood Arrivals (DACA) Under the Trump Administration 2.0

With the future of the DACA program remaining uncertain in 2025 and beyond, it is crucial for employers to take immediate action if they haven’t already. Employers should familiarize themselves with their workforce and screen their employees for other potential benefits, exploring options to transition them to another nonimmigrant status where feasible. While DACA provides temporary relief, it does not lead to lawful permanent residence or other immigration statuses. However, DACA recipients are still eligible to apply for nonimmigrant status, file for adjustment of status based on an immigrant petition, or seek other immigration benefits or protections they may qualify for. Given the time of year, it is particularly advantageous to assess H-1B visa eligibility in preparation for the upcoming H-1B cap lottery in the spring.

To view the full alert, visit the Faegre Drinker website.

Extreme Vetting at U.S. Embassies and Consulates

Executive Order “Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats” directs federal agencies, including the U.S. Department of State, to re-establish enhanced vetting and screening processes for foreign nationals seeking a visa or immigration benefit of any kind. Agencies are to vet and screen visa applicants to the maximum degree possible, particularly foreign nationals applying and arriving from nations with identified security risks. It is expected that additional vetting and screening requirements will only add to increased wait times for visa clearances at U.S. embassies and consulates. The order further directs the administration to begin the process of restoring a potential travel ban within 60 days.

To view the full alert, visit the Faegre Drinker website.

What if Our Business is Visited by ICE?

Immigration and Customs Enforcement (ICE) is one of several government agencies that may appear unannounced at your workplace. ICE can carry out three different actions at a place of business: inspecting employers’ Form I-9 records via a Notice of Inspection, conducting a search (commonly known as a “raid”) via a judicial warrant, or arresting and detaining an individual via an arrest warrant. ICE audits and raids cannot be prevented, but preparing now can mitigate the consequences of such government actions.

View the full article on the Faegre Drinker website.

President Trump Revokes Executive Order 11246

President Trump revoked Executive Order 11246, among others, in a presidential action titled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” EO 11246 and its related executive orders stood as the underlying authority requiring federal contractors to comply with race and gender affirmative-action obligations.

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Four Trade Secret Developments to Follow in 2025

Significant developments are likely in 2025 in trade secret law, building on major cases and developments in 2024. We highlight four areas to watch: the extraterritorial reach of the Defend Trade Secrets Act, artificial intelligence, large damages awards and the impacts of a potential noncompete ban.

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