New Travel Restrictions for New Yorkers

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Department of Homeland Security Suspends New York Residents From Enrolling in Global Entry and Other Trusted Traveler Programs

By Benjamin Lau and Susan Kohn Ross

New York residents may no longer be able to enroll (or re-enroll) in Global Entry and other Trusted Traveler Programs, according to recent action by the Department of Homeland Security (“DHS”).

On February 5, 2020, Acting Homeland Security Secretary Chad Wolf announced DHS was suspending enrollment in Global Entry, NEXUS, SENTRI, and FAST for all New York state residents.  This announcement does not affect residents of other U.S. states and jurisdictions who may continue to use, enroll or re-enroll in these programs.  No information was provided regarding how long the suspension would be in effect, although the way the DHS letter to New York state officials was worded makes it seems further discussions between DHS and those officials may be possible.  The stated reason for the restriction is New York’s denial of access to DHS of its Department of Motor Vehicle data for immigration enforcement and criminal history/involvement purposes.  An open question remains as to whether grounds exist to bring court action or some other form of legal challenge given DHS invoking law enforcement considerations as the basis for its actions. Continue reading “New Travel Restrictions for New Yorkers”

USCIS Releases New Form I-9, Effective Today

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By Benjamin Lau and Frida Glucoft

On January 31, 2020, the USCIS issued a new Form I-9, Employment Eligibility Verification with edition date 10/21/2019. The form is effective immediately. The new Form I-9 is available on the USCIS website at https://www.uscis.gov/i-9.

The form includes the following updates:

Revisions related to the List of Acceptable Documents on Form I-9:

  • Added the Consular Report of Birth Abroad (Form FS-240) to List C. Employers completing Form I-9 on a computer will be able to select Form FS-240 from the drop-down menus available in List C of Sections 2 and 3. E-Verify users will also be able to select Form FS-240 when creating a case for an employee who has presented this document for Form I-9.
  • Combined all the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) into selection C #2 in List C.
  • Renumbered all List C documents except the Social Security card. For example, the employment authorization document issued by the Department of Homeland Security on List C changed from List C #8 to List C #7.

Continue reading “USCIS Releases New Form I-9, Effective Today”

CA IoT Law: Devices at Risk?

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By Susan Kohn Ross

In the last week, both the Dept. of Homeland Security and the Food and Drug Administration have issued a consumer alert about the potential hacking risk regarding cardiac devices, specifically because those devices have no encryption on their software. The devices in question are implantable cardiac devices, clinic programmers and home monitors which are used to regulate one’s heartbeat rate – to speed it up or slow it down, as needed. The focus this time is on the Medtronic Conexus Radio Frequency Telemetry Protocol. Given this latest notice, one has to wonder what will be the impact of the California IoT law.

What both federal agencies had to say is short range access allows interference with, generation, modification or interception of communications. There is also the ability to read/write any valid memory location on the implanted device and, therefore, impact its intended functionality. Continue reading “CA IoT Law: Devices at Risk?”

Your Driver’s License Is Still Valid For Domestic Air Travel, At Least For Now

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By Benjamin Lau and David S. Rugendorf

As the Department of Homeland Security continues to phase in the requirements of the REAL ID Act, some domestic airline travelers may be prohibited from using their state-issued driver’s license or ID card in order to board their flight.

After January 22, 2018, state-issued driver’s licenses and IDs may be used for domestic airline travel only if they were issued by a state which is in compliance with the REAL ID Act or has been granted an extension by the Secretary of Homeland Security. Currently, all 50 US states, Puerto Rico, Guam, and the US Virgin Islands are either in compliance with the REAL ID Act or have been granted an extension by the Secretary of Homeland Security.  The only US nationals impacted by the January 22, 2018 date are individuals who possess driver’s licenses or IDs issued by American Samoa or the Northern Mariana Islands. Continue reading “Your Driver’s License Is Still Valid For Domestic Air Travel, At Least For Now”

President Trump’s Executive Order Prohibiting Entry of Certain Individuals to the United States

By David Rugendorf and Benjamin Lau

On January 27, 2017, President Trump signed an Executive Order that provided the following:

  • Suspends nonimmigrants (persons coming temporarily to the United States) from designated countries from entry to the United States for a period of up to ninety (90) days from the date of the order (January 27, 2017). At this time, the designated countries are Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.  Additional countries may be added.  This prohibition does not apply to foreign nationals traveling on diplomatic visas, NATO visas, and United Nations visas.  It is unclear if the Executive Order applies only to (1) individuals who hold passports from the designated countries, or if it also applies to (2) foreign nationals who were born in the designated countries, but who are citizens of other, non-designated countries or who are dual nationals, or (3) whose parents were born or hold citizenship from the designated countries.  However, according to the Wall Street Journal, the State Department will announce that dual nationals are subject to the ban.  For example, a dual national of Iraq and the United Kingdom would be denied entry, even if the dual national travels on a UK passport.

Continue reading “President Trump’s Executive Order Prohibiting Entry of Certain Individuals to the United States”