100-Day Recap: Workplace Law Under President Trump, So Far

New presidents are often judged based on their accomplishments in their first 100 days in office. President Trump is no exception to that rule. The Trump administration recently passed that milestone date, offering an opportunity for observers to assess how the initial stage of his presidency has gone. Just as we gathered our firm's collective wisdom to offer predictions on what the Trump administration would mean for workplace law, we now tap back into the minds of the firm's foremost thought leaders for a quick recap on how the first 100 days have treated the nation's employers.

Immigration

"Immigration reform is still the centerpiece for the Trump administration," says Shanon Stevenson, a partner in the firm's Global Immigration Practice Group. As most are aware, the Trump White House has spent a great deal of time working on immigration-related matters during his first 100 days in office. Although the administration was dealt two major setbacks when federal courts blocked his two executive orders seeking to institute a travel ban for citizens of majority-Muslim countries, the White House has still sought to advance the ball with respect other immigration-related matters.

For example, Stevenson points to the president's budget request seeking $15 million to expand the federal E-Verify program on a national level, perhaps even requiring its use for all employers. He also requested to hire 10,000 more Immigration and Customs Enforcement agents to assist with compliance efforts. Not long ago, he also directed a full review of the H-1B visa program as part of a continued push to clamp down on companies that hire foreign labor instead of American workers. The centerpiece of this directive – dubbed "Buy American, Hire American" – is a proposal to replace the H-1B lottery with a system that distributes visas on the basis of wages, skills, and education. According to Stevenson, TN work visas for Canadian and Mexican nationals were also in jeopardy when President Trump promised to do away with NAFTA in his first 100 days, but the administration has now changed course from a full repeal and instead appears to favor a renegotiation of NAFTA.

In other immigration news, although President Trump stated he would cancel the work authorization granted under DACA (Deferred Action for Childhood Arrivals) in the first 100 days of his presidency, Stevenson points out that he seems to have softened his stance on requiring the immediate departure of an estimated 700,000 DACA recipients. "The president has indicated that he may allow for a 6-month grace period for DACA Employment Authorization card holders to leave the U.S. once he signs the anticipated executive order," says Stevenson.

Finally, President Trump's selection of Jeff Sessions to serve as Attorney General demonstrates his commitment to a new era of immigration enforcement. "This is the Trump era," Sessions recently stated. "This will be the administration that fully enforces our nation's immigration laws." To support his words, the Attorney General issued a memo on April 11 renewing his commitment to criminalize certain aspects of immigration enforcement. As Stevenson points out, this could impact employers who...