Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Immigration Orders and Their Economic Impact on Small Business: Insights from Attorney and Former Immigration Judge Rob Ratliff

Client Alert
January 30, 2025

In his second term, President Donald Trump has issued a series of executive orders that significantly alter the landscape of immigration policy in the United States. What will the impact of those orders look like in our local communities? Below, we summarize these key orders:

  1. Enhanced Vetting of Visa Applicants - This order mandates stricter "enhanced vetting" for all visa applicants, focusing on thorough checks that could delay visa processing and increase scrutiny at entry points.
  2. Termination of Birthright Citizenship - Targeting the 14th Amendment's guarantee of citizenship to those born on U.S. soil, this order seeks to deny citizenship to children of non-citizen parents, effective 30 days post-signing. Legal challenges are expected due to its constitutional implications.
  3. Border Security and National Emergency Declaration - Declares a national emergency at the southern border, allowing for military deployment and the construction of additional barriers, with a focus on immediate removal of undocumented immigrants.
  4. Suspension of U.S. Refugee Admissions Program (USRAP) - Temporarily halts the refugee program from January 27, 2025, with potential for case-by-case admissions at the discretion of DHS and State Department.
  5. Asylum Policy Overhaul - Revokes previous policies allowing asylum seekers entry, reinstates the "Remain in Mexico" policy, and aims to end "catch and release", potentially blocking asylum seekers at the border.
  6. Revocation of Previous Immigration Executive Orders - Repeals numerous Biden-era executive orders on immigration, including those on enforcement priorities, refugee resettlement, and family reunification.
  7. Designation of Cartels as Foreign Terrorist Organizations - Labels certain international cartels as terrorist groups, enabling broader legal actions against members and supporters. 
  8. Trade Policy Review and Immigration - Initiates a review of trade agreements like USMCA, potentially affecting visa statuses like TN, E, and H-1B1 visas. 
  9. End of CBP One App and Parole Programs - Terminates the use of the CBP One app for scheduling asylum appointments and ends categorical parole programs for migrants from select countries. 
  10. Homeland Security Task Forces - Establishes task forces to enhance cooperation between federal, state, and local law enforcement to remove undocumented individuals.

Impact on Small Businesses Owned by Individuals Without Legal Status:

The collective impact of these executive orders could be profound for small businesses owned by individuals without legal status. Here is a brief assessment:

  • Increased Enforcement and Raids: The focus on detention and deportation could lead to fear among undocumented business owners, potentially reducing workforce participation or leading to business closures due to raids or the threat thereof. 
  • Visa Processing Delays: Enhanced vetting could slow down or complicate visa  renewals or applications for employees, affecting business operations, particularly in sectors reliant on foreign labor.
  • Loss of Business Confidence: The uncertainty and fear of deportation might lead to a decrease in entrepreneurial activity among undocumented immigrants, impacting local economies.
  • Legal Status Challenges: The proposed changes to birthright citizenship could affect family stability, potentially influencing business decisions and future planning.

For Ohio, according to the American Immigration Council's data, approximately 8.3% of the state's small businesses are owned by immigrants. While exact numbers for undocumented immigrant business owners are not distinctly tracked, if we estimate based on national proportions (where around 20% of immigrant business owners might be undocumented), Ohio could see significant economic impacts. The Small Business Administration, SBA, indicates, immigrant owners consist of roughly 18% of business owners with employees and almost 23% of business owners without employees. Immigrant-owned businesses are found in every sector of the U.S. economy. Immigrants made up 36.8% of employer businesses in accommodation and food services. Transportation and warehousing had the largest share of immigrant nonemployer business owners at 46%.  

Assuming there are about 100,000 immigrant-owned businesses in Ohio (based on various studies), around 20,000 could be owned by undocumented individuals. These businesses contribute significantly to the state's economy, with an estimated $3.5 billion in income from immigrant entrepreneurship annually, affecting job creation, tax revenue, and local spending.

In 2012, the State of Alabama experimented with at the time, the nation's strictest immigration laws. While those laws were eventually declared unconstitutional by the Court, in the months that followed the laws' passage, the State lost numerous small businesses.  One study predicted the economic impact at the time to be $10.8 billion, or 6.8% of the State's GDP.

This scenario suggests a potential economic downturn for Ohio if business operations are disrupted or if owners leave or cease operations due to immigration enforcement pressures. The exact impact would depend on the implementation and legal outcomes of these executive orders, but the overarching message is clear: small businesses owned by undocumented immigrants are at risk, potentially leading to economic ripple effects in communities across Ohio.

For guidance on how these executive orders may impact your business or immigration status, please contact BMD Member Robert Ratliff at raratliff@bmdllc.com. With over 25 years of trial experience in criminal defense and immigration law, Robert’s unique insights as a former Immigration Judge allow him to offer strategic guidance for clients facing complex immigration challenges.

ImmigrationImmigration LawPresident TrumpRobert Ratliff
Client Alert

Ramping Up – A Quick Guide to Pressing COVID-19 Employment Law Issues

November 19, 2020As the country continues to grapple with a global pandemic that now seems to be never-ending, businesses everywhere are waking up to realize that the calming of the COVID-19 employment issues over the summer has come to an end. As cases rise exponentially in all 50 states as we head into the winter months, the number of employment issues related to COVID-19 will also increase dramatically. For these reasons, it is important that we return to the employment law basics that were covered this prior spring, while highlighting the many lessons we have learned along the way. As COVID-19 matters and concerns continue to hinder the working environment of every business, it is important that you reference this review to guide you through these tough issues and questions.Client Alert

Your Workplace Under Biden

November 9, 2020This is my favorite recurring post – Predictions of How a New Administration Will Affect Your Workplace. Four years ago, we accurately called the emasculation of the 2016 proposed FLSA Overtime Rules (the salary exemption threshold was set at $35,568 in 2019, rather than $47,476 as proposed), we forecasted a conservative shift of the NLRB and its results (a roll-back of employee rights, social media policy evaluations, and joint employer rules), and we nailed the likelihood of multiple conservative appointments to the United States Supreme Court and its long-term effects (although I completely failed to predict that my ND classmate Amy Coney Barrett would fill the final vacancy during the Trump administration). This time, the L+E Practice of BMD has decided to make it a group effort at predicting what will happen, what probably happen, and what might happen under President Biden. As always, please save this in your important files and pull it out four (or eight) years from now to judge our accuracy.Client Alert

HHS Provider Relief Funds Reporting Requirements: Important Updates Every Provider Should Know

November 4, 2020HHS continues to revise its reporting requirements for the use of the Provider Relief Funds. Providers with more than $10,000 in Provider Relief Fund payments must report on the use of the funds through December 31, 2020. The reporting window will begin on January 15, 2021 and providers must complete reporting obligations for FY 2020 by February 15, 2021 through a portal designed by HHS. However, providers that have unexpended funds as of December 31, 2020, will have an additional 6 months to use the remaining funds through June 30, 2021. These providers must submit a second and final report no later than July 31, 2021.Client Alert

Should I Apply for Phase 3 Funds? Important Considerations Every Provider Should Know

November 2, 2020On October 1, 2020, the Department of Health and Human Services (“HHS”) announced an additional $20 billion in new funding for providers through a Phase 3 distribution. Importantly, providers that previously received HHS Provider Relief Funds or already received payments of approximately 2% of annual revenue from patient care are eligible to apply. Eligible providers have until November 6, 2020 to apply for these Phase 3 Funds. However, the question from providers continues to be: Should I Apply for Phase 3 Funds?Client Alert

CISA Ransomware Practices

October 29, 2020On October 28, 2020, the United States Cybersecurity and Infrastructure Security Agency (CISA) issued an alert warning of imminent threats to US hospitals and healthcare providers. The specific threat involves RYUK Ransomware attacks. RYUK is a novel ransomware that goes undetected by commercial anti-virus/malware detection programs. Once deployed, RYUK encrypts all data and disables systems. In short, it cripples all functionality down to phone systems and automated doors. Healthcare providers should alert their employees to remain hyper-vigilant and report any suspicious activity seen in email or on networks. It has been reported healthcare providers in New York, Pennsylvania and Oregon have been targeted in the last 48 hours. If your organization encounters issues, BMD can assist in mobilizing a response team and has contacts with forensic IT firms that are familiar with RYUK. It is advisable to engage professionals with experience dealing with this specific threat.
Older posts
Newer posts