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On January 26, 2021, Acting Attorney General Monty Wilkinson issued a memorandum to federal prosecutors formally rescinding the Zero-Tolerance for Offenses Under 8 U.S.C. 1325(a) policy implemented by the Trump administration on April 6, 2018.    Under the now rescinded zero-tolerance policy, any non-U.S. citizen who entered or attempted to enter the United States without inspection or was granted entry […]

Foster first reported in March of 2020 that the Department of Homeland Security (DHS) was providing flexibility to employers in completing the Form I-9, allowing employee documents presented in connection with the Form I-9 review process to be examined remotely (e.g., via video link, fax, e-mail, etc.) rather than in the employee’s physical presence. This was permitted under certain circumstances for employers with employees taking […]

On Monday, January 25, 2021, President Biden issued a Presidential Proclamation that reinstated COVID-19 travel restrictions for certain non-U.S. citizens traveling from the Schengen area, Ireland, the United Kingdom, Brazil, or South Africa to the U.S. These travel restrictions will remain in effect indefinitely, subject to review by the Secretary of Health and Human Services every 30 days.  Similar travel restrictions that have been in place since […]

On January 20, 2021, President Biden issued the Presidential Memorandum entitled “Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA)”. This Memo directs the Secretary of Homeland Security, in consultation with the Attorney General, to “take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA.”   The Memo reminds us […]