December 11, 2023: President Biden published a Proclamation suspending entry into the US of immigrant or nonimmigrant persons (and their family members) who have enabled, facilitated, or otherwise been involved in significant corruption or money laundering. The proclamation was published in the Federal Register on December 14, 2023 (88 Fed. Reg. 86541 (Dec. 14, 2023)).

October 30, 2023: President Biden published an Executive Order on responsible artificial intelligence (AI) use. Section 5.1 of the order requests changes to immigration procedures, designed to attract AI talent to the US. The EO was published in the Federal Register on November 1, 2023 (88 Fed. Reg. 75191 (Nov. 1, 2023)).The EO directs the relevant agencies to evaluate and implement as possible:

October 25, 2023: President Biden announced the presidential determination for refugee admissions for Fiscal Year (FY) 2024 of 125,000 (88 Fed. Reg. 73521 (Oct. 25, 2023)).

October 19, 2023: The Biden administration released a report on the H-2B visa classification, including recommended actions by the DHS, DOL, the State Department, and the US Agency for International Development (USAID) to strengthen protections for H-2B workers.

February 14, 2023: President Biden published a February 10, 2023 memorandum continuing the national emergency regarding the Coronavirus Disease 2019 (COVID-19) pandemic, but expressing an expectation that the emergency will be terminated on May 11, 2023 (89 Fed. Reg. 9385 (Feb. 14, 2023)). (See the February 10, 2023 memorandum issued by the White House.)

January 26, 2023: The Biden administration published a memorandum on extending and expanding eligibility for deferred enforced departure (DED) for Certain Hong Kong residents. The memorandum was published in the Federal Register on January 31, 2023 (88 FR 6143 (Jan. 31, 2023)).

January 5, 2023: The Biden administration announced a new enforcement plan at the southern border. Among other things, the plan increases the use of enforcement, particularly expedited removal, to remove individuals who enter the US unlawfully. It also creates parole programs to assist the legal entry (and availability of employment authorization) for nationals of Cuba, Haiti, and Nicaragua. These programs will be similar to the parole programs established for Ukrainians and Venezuelans and include penalties for those who seek to cross the border unlawfully rather than using the parole programs.

November 28, 2023: U.S. v. Zheng ( (6th Cir. Nov. 28, 2023)). The court held that the harboring statute in the INA does not require intent (INA § 274(a)(1)(A)(iii) and (v)(II)) (8 U.S.C. § 1324(a)(1)(A)(iii) and (v)(II))). This statute may be used by ICE officers during worksite enforcement actions, among other enforcement activities. The court found that the most recent language of this statute, revised by Congress in 1986, eliminated the intent requirement in favor of a "knowing or in reckless disregard" standard. The court also notes a circuit split, with the Sixth Circuit joining the Third, Fifth, and Eighth Circuits finding no intent requirement, while the Second, Seventh, and Ninth Circuits require intentional or purposeful action.

September 13, 2023: Texas v. U.S. ( (S.D. Tex. Sep. 13, 2023)). The court held that the Biden administration's 2021 DACA regulations, introduced with a notice and comment period and intended to cure the DACA program introduced in 2012 that was found unlawful by the same court, violate the Administrative Procedures Act (APA) and is therefore also unlawful. The decision allows USCIS to continue processing renewal applications for DACA and accompanying work authorization but continues the bar against processing any new applications.

August 1, 2023: Persian Broadcast Service Global, Inc. v. Walsh ( (9th Cir. Aug. 1, 2023)). The court upheld summary judgment for the DOL in an backpay award for a former employee who had been employed in E-3 status. The court found that employee's expired E-3 visa did not end employer's wage obligation under a valid LCA that was certified for a period past the visa expiration and the employer did not show that it qualified for either of the two exceptions to paying wages under an LCA (an employee's voluntary period of not working, such as for vacation or maternity leave, or a bona fide termination). Further, the one-year limitations period for the employee to file administrative complaint for unpaid wages commenced at end of the LCA, since the failure to pay wages is an ongoing violation that ends at the end of the LCA.

July 10, 2023: Resendiz v. Exxon Mobil Corporation ( (4th Cir. July 10, 2023)). The court held that the employer did not violate 42 U.S.C. § 1981's bar on discriminating against aliens by requiring employees to have permanent work authorization. Citing Denny v. Elizabeth Arden Salons, Inc., 456 F.3d 427, 434 (4th Cir. 2006) and Nadendla v. WakeMed, 24 F.4th 299, 305 (4th Cir. 2022), the court explained that to prove a § 1981 claim, the plaintiff must establish that the defendant intended to discriminate based on alienage, the discrimination interfered with a contractual interest, and the interference with a contractual interest would not have happened but for the plaintiff's alienage. The court found that the plaintiff could not show that Exxon's policy requiring permanent work authorization was not intentional discrimination.

June 27, 2023: IT Serve Alliance v. US Dept. of Homeland Sec. ( (D.C. Cir. June 27, 2023)). The court upheld the DHS's authority to interpret the regulation requiring a new or amended H-1B petition where there is a "material change in the terms and conditions of employment" to include a change in worksite (8 C.F.R. § 214.2(h)(2)(i)(E); Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015)). The court found that US Citizenship and Immigration Services' (USCIS) recognition of Simeio Solutions as a precedential decision governing the need for an amended petition in light of a work location change and the resulting USCIS guidance describing how the interpretation would be handled for cases filed before the guidance was issued, those pending when the guidance was issued, and those filed afterwards were permissible actions under the Administrative Procedures Act.

June 23, 2023: U.S. v. Texas, (S. Ct. June 23, 2023). The Court upheld the Biden administration's ability to craft and enforce discretionary immigration enforcement priorities. The Court overturned lower court rulings and held that the states challenging the enforcement priorities, Texas and Louisiana, did not have Article III standing to challenge the immigration enforcement priorities because the dispute raised in their suit is not one traditionally capable of being resolved through the judicial process.

June 23, 2023: U.S. v. Hansen, WL 4138994 (S. Ct. June 23, 2023). The Court upheld the constitutionality of INA § 274(a)(1)(A)(iv) (8 U.S.C. § 1324(a)(1)(A)(iv)), finding that the statutory language does not violate the First Amendment by being overbroad and the phrase "encourages or induces a noncitizen to come to, enter, or reside in" the US must be read in a narrow criminal-law to incorporate common-law liability for solicitation and facilitation. The decision abrogates U.S. v. Hernandez-Calvillo, 39 F.4th 1297 (10th Cir. July 13, 2022).

April 4, 2023: Elldakli v. Garland ( (5th Cir. Apr. 4, 2023)). As a matter of first impression, the Fifth Circuit held that it does not have subject matter jurisdiction to review an adjustment of status decision by USCIS under either the Administrative Procedure Act (APA) or the Immigration and Nationality Act (INA) because the foreign national retains the right to de novo review of that decision in a final removal proceedings, even if no removal proceeding has been initiated.

March 28, 2023: Save Jobs USA v. US Dept. of Homeland Sec. ( (D.D.C. Mar. 28, 2023)). Citing to Washington Alliance of Technology Workers v. US Dept. of Homeland Sec. (50 F. 4th 164 (D.C. Cir. 2022)), the court held that DHS acted within its statutory authority in publishing a rule that grants employment authorization to certain individuals holding H-4 status who are dependents of H-1B visa holders. On April 27, 2023, Save Jobs USA filed a Notice of Appeal to DC Circuit Court (Case Number 23-5089).

February 14, 2023: Ren v. US Citizenship and Immigration Services ( (4th Cir. Feb. 14, 2023)). The court held that a petitioner filing Form I-140, Immigrant Petition for Alien Worker, on behalf of a multinational executive or manager in the EB-1-3 classification must provide specific details concerning the foreign worker beneficiary's job-related tasks. The court followed a line of district court cases holding the same (, *3).

December 3, 2023: New York City enacted a new law requiring the Department of Consumer and Worker Production to publish by March 1, 2024, a notice of a workers' bill of rights containing information on the rights and protections under federal, state, and local laws that apply to all workers in New York City regardless of immigration status and the right to organize a union. The law was passed by the NYC Council without the mayor's signature. Beginning July 1, 2024, employers must post a copy in a conspicuous location and distribute the notices to current workers and to all newly hired employees on the first day of employment. (Int. 0569-2022, adding N.Y.C. Admin. Code §§ 32-101 to 32-102).

October 8, 2023: California Governor Newsom signed AB 947, which revises the California Consumer Privacy Act (CCPA) definition of "sensitive personal information" to include personal information that reveals a consumer's citizenship or immigration status, effective January 1, 2024.

May 10, 2023: Florida Governor Ron DeSantis signed SB 1718 into law, which will require many Florida employers to use the E-Verify system to verify the employment eligibility of new employees starting July 1, 2023. (See by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.)

May 8, 2023: Florida Governor Ron DeSantis signed SB 265 into law, which prohibits, with certain exceptions and exemptions, individuals and entities from certain countries of concern from owning certain types of real property in Florida starting July 1, 2023. The countries of concern include China, Cuba, Iran, North Korea, Russia, Syria, and Venezuela.

March 7, 2023: The Ninth Circuit certified three questions to the Washington Supreme Court regarding application of the Washington Minimum Wage Act (MWA) to federal civil immigration detainees held and working in a private detention center, including whether the detainees are employees under the MWA (Nwauzor v. GEO Grp., Inc., (9th Cir. Mar. 7, 2023)). On December 21, 2023, the Washington Supreme Court, in assessing the posed questions, ruled that:

(Nwauzor v. GEO Grp., Inc., (Wash. Dec. 21, 2023).)

March 3, 2023: New York Governor Hochul signed an amendment (S. 1326) to New York's pay transparency law taking effect on September 17, 2023, including removing language extending applicability to jobs that can or will be performed in New York, and instead stating the law applies to postings for jobs that will be physically performed in the state (see by Fisher Phillips).

February 23, 2023: The Seattle City Council passed a first-of-its-kind ordinance prohibiting discrimination based on caste in employment, amending Seattle's anti-discrimination law to include caste as a protected classification. Seattle's mayor approved the ordinance on February 23, 2023, and the ordinance takes effect March 25, 2023. (See by Jackson Lewis.)

February 6, 2023: New Jersey Governor Phil Murphy signed into law the "Temporary Workers' Bill of Rights" Bill A1474, giving temporary workers the right to certain information in their native language, including where they will be working, the kind of work to be performed, sick time allocation, the pay rate, and schedule (see by Seyfarth Shaw LLP).

January 23, 2023: Albany County's new pay transparency law takes effect March 9, 2023, and requires employers to disclose expected pay ranges in job postings (see by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.).