Immigration Law’s Impact on the Workplace

Wednesday, October 2, 2019 | 6:00 p.m. – 9:00 p.m.

Program Co-Chairs:

Danny Alicea
Litigation Supervisor, Immigration,
Center for Family Representation

Nilesh Patel
Counsel, Labor Relations and Mediation Service,
Day Care Council of NY

  • Immigration law impacts employers and employees, it impacts who can work, for how long and imposes duties on employers to verify work authorization status, as well as comply with anti-discrimination mandates. Changes in immigration policy can affect employers’ abilities to recruit or retain talent; limitations posed by immigration law may require creative recruiting or staff management solutions. Immigration enforcement actions can result in fines for non-compliance, a sudden loss of employees, and require employers to consider constitutional issues, such as the 4th Amendment’s protection again unreasonable searches and seizures.

    An expert panel will teach you about:

    • Work authorizations and visa types
    • Current trends and policies impacting the recruitment and retention of immigrant workers
    • Form I-9 compliance, anti-discrimination protections, and enforcement policies
    • E-Verify system
    • Strategies for: Deferred Action Childhood Arrivals (DACA); Impact of the “travel ban: and other recent Executive orders effecting immigrants; ICE enforcement actions in the workplace and constitutional rights of employers and employees; Impact of immigration policies in industries like technology and hospitality

    Who Should Attend:
    In-House attorneys, defense counsel, plaintiff’s counsel, worker’s rights advocates, human resource professionals

    Live Program & Webcast: $99 for Members | $199 for Nonmembers
    In-House Counsel: Free for Members | $149 for Nonmembers
    Small Law Firm: $59 for Members
    Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2017-2019), Judges (and their staff who are also members), or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • Farrin Anello
    Senior Staff Attorney
    ACLU Of New Jersey

    Miriam Lacroix
    Lacroix Law P.C.

    Raquel Liberman
    Fragomen, Del Rey, Bernsen & Loewy, LLP

    Cristobal Gutierrez
    Staff Attorney
    Make the Road

  • 6:00 pm – 6:10 pm Introduction
    6:10 pm – 7:00 pm Employment Visas, Work Authorizations, & Discrimination Risks

    • Employment based visas and their requirements (H-1B, TN, L-1)
    • I-9 Form employment authorization requirements, anti-discrimination obligations, and review common ways employers violate the anti-discrimination standards
    • I-9 audit requirements, defenses, and discussion of how companies should respond to audits; includes review of record keeping obligations and common mistakes
    7:00 pm – 7:50 pm Rights of Employers and Workers During Immigration Enforcement Actions 

    • Department of Homeland Security’s enforcement priorities and types of enforcement actions. Review ICE’s cooperation agreements with DOL, EEOC, and NLRB.
    • Review employer and workers’ rights during ICE enforcement actions. Are there 4th Amendment protections: Is a warrant needed? Can agents be barred from entering premises? What information needs to be provided to ICE agents? Can workers demand an attorney or refuse to respond to questions? If a staff member is detained what are their due process rights or ability to challenge detention?
    • How can Human Resources respond in the aftermath of ICE enforcement actions? What information or supports can an employer provider to workers and their families? How to deal with absences caused by a staff member being detained or when a staff member’s family member has been detained? Are employers obligated to offer leaves of absences to employees? Can organizations develop a response plan and what are the elements of such a response plan?
    7:50 pm- 8:00 pm Break

    8:00 pm – 8:50 pm

    Federal Anti-Discrimination Protections, Executive Actions & Litigation Update

    • Work authorizations granted under DACA and how to review authorizations under Form I-9; DACA application and renewal requirements; Executive Actions under the Trump Administration affecting DACA recipients; update on key litigation impacting the viability or continuation of DACA
    • “Travel Ban” imposed by the Trump Administration; Executive Orders implementing the ban, restrictions imposed by the ban, and categories of workers or work authorizations impacted by the ban; exceptions, exemptions, and waivers available under the Travel Ban; significant litigation initiated in the wake of the travel bans and significant court decisions
    • Federal anti-discrimination protections based on immigration status and review of significant anti-discrimination litigation under federal statutes (Title VII, INA, NLRA, etc)


    8:50 pm – 9:00 pm Q&A

  • CLE Credit
    New York:
    3.0 Professional Practice
    New Jersey:
    3.0 General
    3.0 General
    2.5 General

  • Sponsoring Association Committees:
    Labor and Employment | Katherine A. Greenberg, Chair
    Immigration & Nationality Law | Victoria F. Neilson, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 |