What has now become an ongoing battle between the Trump administration and various law lords throughout the US will, at some point, draw to an end.
If the new president has his way the results of his revised immigration policies have the potential to significantly impact many areas of American life and none more so than the business world.
So, how could immigration laws affect businesses and their ability to expand?
A Tougher Stance on INA
The Immigration and Nationality Act (INA) is the legal device used to manage a range of immigration issues; visas, documentation, quotas and asylum are just some of the areas it covers.
The executive orders that have been coming out the White House in recent weeks suggest that the Trump administration are looking to take a tougher stance on the implementation of INA and this will create a number of problems.
As many US businesses rely on undocumented migrants, on a daily basis, as a source of affordable labour – retaining this labour force could be extremely difficult as issues around their employees’ legal residency status would have to be addressed in order for them to continue in their role.
It is estimated that there are over 1 million such employees working in the restaurant industry alone. Businesses looking to expand may find their plans restricted by the new rules.
Stricter Employment Based Immigration
Many companies seek the skills of talented individuals, as well as semi-skilled and manual workers from outside of the US to develop, enhance or expand their operations.
Such individuals enter the country using employment visas that allow them to work legally and these are controlled by the US Citizenship and Immigration Services (USCIS).
The word from Trump’s administration is that many employment visa applications are to be considered and vetted more thoroughly in the future, making the process more stringent.
This strategy may make it more difficult for companies to find the human resources they require to implement plans moving forward or to replace talent as it moves on.
There are several agencies in the US that enforce immigration laws and regulations including; the Department of Homeland Security, Immigration and Customs Enforcement, and Customs and Border Protection.
These agencies will find themselves with greater and more wide ranging remits that will allow them to police immigration in line with the legal and regulatory changes that are brought about.
The broad perspective, should Trump succeed in bringing about the changes he is has initiated, is that immigration will become more bureaucratic and more legally challenging to effectively navigate.
Companies and businesses who wish to employ people without legal residency status may be best advised to enter into consultation with a law firm that has immigration experts and international reach.
This way they will, at least, be prepared for the changes that seem inevitable under current governance.