Mayer Brown Global Mobility

Three days before the UK was due to exit the bloc, ambassadors from the other 27 countries of the EU agreed to delay Brexit for up to three months.  The agreement by the EU, made in Brussels on October 28, 2019, allows the UK to leave earlier if it and the EU both ratify the withdrawal deal that Prime Minister Johnson negotiated with the EU earlier this month (the “Withdrawal Agreement”).  European Council President Donald Tusk announced the decision on Twitter, stating that “The EU 27 has agreed to accept the UK’s request for a #Brexit flextension until 31 January 2020.”  The decision requires formal written procedures from the UK and the EU27, which are expected to be completed imminently.

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Members of Parliament narrowly passed an amendment during an emergency session on Saturday, October 19, 2019, to postpone the decision on whether to vote “yes” or “no” to Prime Minister Boris Johnson’s Brexit deal.  Parliament said it needed more time to review the deal, which Prime Minister Johnson concluded last week with European leaders.  The primary aim of the amendment is to ensure the UK cannot leave the EU on October 31, 2019, the current Brexit date, without enacting detailed legislation governing the UK’s withdrawal from the EU.

Saturday’s vote effectively required the Prime Minister to request a third extension of the withdrawal date, which would postpone Brexit until January 31, 2020.  Prime Minister Johnson, who had vowed never to seek an extension, sent an unsigned letter to the EU asking for the required three-month extension.  But he also sent a signed letter to European Council President Donald Tusk urging EU leaders to turn down the extension request, and has stated he will bring his proposal back before Parliament on Monday, October 21, 2019.


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With the March 29, 2019 date for Brexit looming and no deal to address the separation yet approved, the House of Commons voted on March 14, 2019, to defer Brexit until at least June 30, 2019.  The vote of 413 in favor versus 202 against provided a clear majority of 211 for the government, a move that may avert the expected chaos that a “no deal” scenario would pose.

By law, however, the delay can only be authorized by the EU, with unanimous approval of the leaders of the remaining 27 countries in the bloc.  The prime minister faces a significant challenge in seeking that approval, as EU officials have said they will permit a delay only if Britain makes a fundamental shift in its approach to Brexit.  Although the bloc could consider a delay to Brexit, it  has made clear that after two years negotiating with Ms. May, it is not open to more talks on her deal, meaning the prime minister needs to find a way to convince British lawmakers to accept it.

The prime minister thus plans to make a third attempt to have parliament agree to a divorce deal — which the MPs have already rejected twice — next week, in advance of an upcoming EU summit.  Lawmakers also rejected, by a vote of 334 to 85, a second referendum on EU membership.
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A federal judge has barred President Trump’s recent asylum ban, now forcing the administration to accept all migrants crossing the southern border who seek protection, rather than limit asylum requests to U.S. ports of entry. As of last evening, Judge John Tigar of the U.S. District Court of Northern California issued a temporary restraining order

Prime Minister Theresa May’s announcement on October 1, 2018 that Britain will not continue to give EU nationals preferential immigration treatment after Brexit heralded the future of immigration between the EU and Britain. Britain will decide what the immigration requirements are for EU nationals. Speculation on whether Britain will adopt “US-style” visas for travel and work has been considered, and May herself already indicated that waivers of visa requirements may continue on a reciprocal basis with countries (or regions) with which Britain agrees to these requirements.

The principal import of the Prime Minister’s announcement is that after 2020, EU nationals will need to apply for formal admission requirements in advance of moving to Britain, and may also face travel visa or pre-registration requirements. What these requirements will ultimately translate to will depend on continued negotiations and the input of key business sectors  and stakeholders such as the Migration Advisory Committee.  
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On September 27, the USCIS Office of Public Engagement hosted a live teleconference to inform the public how the agency will implement its new policy, or policy memorandum (PM), issued on June 28, 2018, “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens.”  The policy aligns USCIS operations with Executive Order 13768: Enhancing Public Safety in the Interior of the United States.

The NTA requires the recipient to appear in court before an immigration judge, and is the first step in removal, or deportation, proceedings. After a brief overview of the new NTA policy, which supersedes previous 2011 USCIS guidance on the same topic, USCIS presented a Q&A series from more than 100 questions received by stakeholders. The USCIS teleconference participants represented a broad spectrum of the agency’s divisions including USCIS Field Operations, Policy, and Office of Chief Counsel.  USCIS also announced that the agency will soon host a public webpage about the new NTA policy implementation, and that information conveyed during the teleconference would soon be available in the USCIS electronic reading room.

The top 10 takeaways of the USCIS teleconference regarding its new NTA policy implementation include the following points:
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As anticipated by an earlier blog post, and after a couple of months of internal planning, USCIS is ready to announce its implementation plan related to the agency’s new Notice to Appear (NTA) policy guidance.  On Thursday, September 27, Mayer Brown’s Global Mobility and Migration practice will eagerly join a live USCIS teleconference entitled

USCIS Broadens Categories for Deportation Under New Policy Guidance and Will Issue Notices of Appearance 

On June 28, the U.S. Citizenship and Immigration Service (USCIS) issued new policy guidance that expands the circumstances under which an adjudicator will generate a Notice to Appear (NTA), a charging document that commences removal proceedings and the deportation process,

Mayer Brown is pleased to welcome María (“Maru”) Ferré as counsel in our Global Mobility group within the firm’s Employment & Benefits practice located in our Northern California offices. Maru focuses on immigration compliance and risk management.

In addition to enhancing the firm’s Global Mobility & Migration and Employment & Benefits capabilities in the Bay