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On June 9, 2021, President Biden signed an Executive Order (“EO”) revoking Trump’s orders on TikTok and WeChat. In their stead, President Biden’s EO subjects software applications controlled or owned by “foreign adversaries” (i.e., China, Cuba, Iran, North Korea, Russia, and Nicolas Maduro) to a review process led by the Commerce Department to evaluate whether an app presents U.S. national security concerns. This EO fits within the broader confrontation between the United States and China when it comes to emerging technologies, sensitive personal data, and the threats we see from cyberattacks that exploit vulnerabilities in U.S. IT systems.
Continue Reading Beyond TikTok and WeChat: How Biden’s New EO Could Impact Foreign-Owned Apps

Last week, on June 3, 2021, President Biden issued an Executive Order (“E.O.”) prohibiting U.S. investments in designated Chinese companies deemed to undermine “the security or democratic values of the United States and [its] allies” (see here). The E.O. is the most recent in a long list of foreign policy actions seeking to put pressure on China using economic tools to curtail China’s surveillance and intelligence activities against the United States. The E.O. amends and supersedes Trump’s Executive Order 13959 (“E.O. 13959”), as amended by Executive Order 13974 (“E.O. 13974”), which similarly prohibited U.S. persons from engaging in certain transactions with companies placed on the Defense Department’s Chinese Communist Military Companies (“CCMC”) list. The E.O. contains a new list, the “Chinese-Military Industrial Companies” (“CMIC”), that replaces the CCMC for purposes of prohibiting certain transactions by U.S. persons. The new CMIC list includes many of the previously-designated companies on the CCMC list, including, for example, Huawei and Hikvision. While previous prohibitions on these companies focused on export restrictions, the U.S. government is tightening the avenues for U.S. companies to safely conduct business with many Chinese behemoths. For U.S. companies that deal regularly with China, it would make sense to think more broadly about those business relationships as companies develop their strategic plans.
Continue Reading President Biden Issues a New…ish Ban on Certain Chinese Investments

In July, the U.S. Department of Education Notices of Investigation to four U.S. universities seeking information on the “Confucius Institutes” operating on their campuses. The investigations center on provisions of the Higher Education Act requiring reporting of certain foreign gifts. But the investigations are part of a larger U.S. national security initiative to address foreign influence on U.S. campuses.

In light of these initiatives, the need is greater than ever to balance the sometimes-competing values of protecting U.S. national security and defending academic freedom. Because of the intense U.S. national security focus being trained on these organizations, U.S. colleges and universities are well advised to pay close attention to developments in this area.
Continue Reading The U.S. Government Investigates U.S. Universities Participating in the “Confucius Institutes” Program

Lately, ICE has been more active in making arrests of undocumented individuals. Statistically however, the number of arrests are very small and the “bark” is much bigger than the “bite.” Nonetheless, it is helpful for employers and other stakeholders to know what the required protocols and duties are if ICE shows up, employee rights, and bystander rights. Below is a quick checklist to help you along with important guidance.

Major Points

  • Immigration is a civil matter, not criminal. The majority of ICE warrants are administrative civil warrants.
  • ICE priorities are arresting those with criminal convictions and those who have been previously ordered removed (absconders). ICE may pursue these activities in public areas.
  • Anybody arrested by ICE has the right to counsel.
  • ICE agents are federal employees that are working as directed. Nonetheless, it is the policy of most employers that ICE activities focusing on the personal immigration issues of an individual shall not take place on company property.
  • If an ICE agent does attempt to arrest someone on company property, do not interfere as that will complicate matters. However, please contact your manager and they will coordinate with HR and Legal.
    Continue Reading ICE May Visit Your Company or University Campus – a Quick Checklist and Guidance

While the Travel Ban continues to move up and down the federal court system, here are the latest rules governing travel for citizens of the affected countries as a result of the U.S. Supreme Court’s lifting of the lower courts’ injunctions on December 4, 2017, a December 22 ruling by the Ninth Circuit invalidating the latest travel ban but not enjoining it, and recent action by a Federal District Court in Seattle partially lifting the refugee ban on December 23, 2017:
Continue Reading Confused by the Evolving Travel Ban? Here’s a Cheat Sheet with the Latest Guidance

USCIS announced on September 5, 2017, that they are phasing in a rescission of the Deferred Action for Childhood Arrivals program (DACA). The DACA program began in 2012 and granted temporary status and work permits to the “dreamers” who came here as children without visas. Here’s a summary of how the new rules will impact your employees that have DACA status:
Continue Reading The Rescission of DACA – A Quick Overview of How This Impacts Your DACA Employees