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  1. Noted Human Rights Atty. Condemns Trump's Muslim, Mexican Comments. Roger Algase

    Update, April 30, 5:00 am:

    It is not only human rights advocates who are concerned about Trump's using anti-immigrant bigotry as a centerpiece of his presidential campaign. Foreign officials are also beginning to express their fears openly about what this might mean if a Trump presidency becomes reality.

    POLITICO writes:

    "German officials, perhaps cognizant of their own 20th century history, have been surprisingly willing to cast aside diplomatic conventions in commenting on Trump's attitude toward immigrants and allies alike in recent months.

    Steinmeier, for example, slammed the 'politics of fear' in US politics in a Washington speech two months ago, adding that 'building walls is a very bad idea - no matter who pays for them.'"

    Of course, it is all too obvious which aspect of Germany's 20th century history the above comment refers to, and which German leader of that period Trump's attempts to exploit fear and hatred against unpopular ethnic and religious groups are reminiscent of.

    It is surprising, however, that while there has been widespread criticism in America and abroad of Trump's proposed Muslim ban, Mexican border "Berlin Wall" and totalitarian style mass deportation, there has been comparatively little comment about his plan to eliminate the heart of America's legal immigration system, namely H-1B visas and labor certification green cards, something that would have an especially drastic impact on immigration from Asia.

    Almost forgotten also has been Trump's proposal for America to enact its own version of Nazi Germany's Nuremberg laws, which took citizenship away from the Jews, by eliminating birthright citizenship for the US born children of mainly Hispanic "illegal" immigrants, or perhaps, as some of the more extreme members of Trump's party have proposed, also children of lawfully present immigrants who do not have green cards but are here with valid temporary visas.

    My original post follows:

    Amid all the media obsession with counting Republican delegates and speculating on whether the Republican "establishment" will "cave" into Donald Trump and "unite" behind him in November, it is easy to lose sight of what Trump really stands for and what his presidency would mean for the future of immigration in America.

    However, one well known international human rights lawyer, Amal Alamuddin Clooney, a Lebanese refugee and member of the New York bar who grew up in England and graduated from Oxford and NYU Law School, is reminding us that above all, Trump's negative views on Muslims and Mexicans and his promise to exclude them from the United States are at the heart of his campaign and would be likely to define his presidency more than anything else.

    There can be no question that Amal Clooney, who is married to the actor George Clooney, has gained international distinction as a lawyer. According to her biography, see:

    after graduating from law school, she clerked for U.S. Court of Appeals Judge and future Supreme Court Justice Sonia Sotomayor.

    Subsequently, she worked for Sullivan & Cromwell, one of the leading law firms in America and the world, where she represented high-profile corporate clients.

    After that, she became known as an international human rights lawyer when she joined a United Nations tribunal established to prosecute the persons responsible for the assassination of former Lebanese prime minister Hariri.

    Her distinguished legal career also includes defending former Ukrainian Prime Minister Yulia Tymoshenko and WikiLeaks editor Julian Assange, as well as working with Kofi Annan for a United Nations Commission on Syria, among other noteworthy international human rights causes.

    She is also currently a visiting faculty member at Columbia Law School's Human Rights Institute.

    Therefore her following comments about Trump's attacks on minority immigrants and immigrant communities deserve to be taken very seriously, along with those of many other commentators and public figures who have spoken out against Trump's attempts to base his appeal on fomenting racial and religious conflict in America by demonizing minority immigrants.

    In an April 25 BBC interview, Clooney stated the following, as reported in The Hill:

    "When you listen to what the leading candidate on the Republican side has been saying about building walls, about excluding Mexicans and saying there has to be a complete shutdown on all Muslims entering the country...

    People I think should have been saying, 'Do you mean the 1.5 billion people around the world who fit that description, do you mean the people who are US citizens, who are members of your military, the vast majority od whom are not extremist or violent in any way?'"

    The Hill
    also points out that Clooney and her husband are Hillary Clinton supporters who have held "high dollar" fundraisers on her behalf. This does not make Clooney's comments about Trump's appeals to Islamophobia and anti-Latino prejudice any less accurate or relevant.


    It is also worth noting that as a Middle Eastern refugee with a Muslim name, this distinguished international lawyer, Columbia Law School faculty member and human rights advocate would herself no doubt be high on the list of people barred from entering the United States if Donald Trump were to become president.
    Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. He has been helping mainly skilled and professional immigrants obtain work visas and green cards for more than 35 years.

    Roger believes that immigration law should be understood and implemented as the servant, not the opponent, of human rights. His email address is

    Updated 04-30-2016 at 03:59 AM by ImmigrationLawBlogs

  2. BALCA Affirms that Content Requirements of 20 C.F.R. § 656.17(f) Don’t Apply to Job O

    The Board of Alien Labor Certification Appeals (“BALCA”) recently affirmed that the content requirements that are specified in the federal regulations for newspaper advertisements in 20 C.F.R. § 656.17(f) do not pertain to state workforce agency job orders. The employer submitted a labor certification for the position of “computer software engineers, systems software” and specified in the Form 9089 that the position required five years of experience. The case was audited and denied because the job order that the employer provided stated that the position had an experience requirement of “greater than 5 years.” The employer appealed the decision and noted that the Illinois state workforce agency job order site only provided a set number of experience options that included “3-5 years” and “greater than 5 years.” The employer stated that it choose the option of “greater than five years because it was the most appropriate since ‘3-5 years’ was not an accurate reflection of tis experience requirement.” BALCA reviewed Matter of Chabad Lubavitch Center, 2011-PER-2614, and noted that the requirements of 20 C.F.R. § 656.17(f) only apply to “advertisements placed in newspapers of general circulation or in professional journals.” BALCA also found that the federal regulations that govern job orders are silent in regards to whether the content requirements of 20 C.F.R. § 656.17(f) apply to job orders, which lead it to believe that the Department of Labor “did not intend to impose these content requirements on all types of advertisements.” Many state workforce agencies provide limited options in regards what can be selected for experience requirements. This case instructs the DOL that it may not deny cases when the state workforce agency fails to allow employers to specify the exact requirements of the position. This post originally appeared on HLG's Views blog by Cadence Moore.

  3. Is America's Inhumanity Toward Refugees Even Worse Than Europe's? Roger Algase

    While the American media continues to obsess over the latest inanities coming from the presidential campaigns, especially that of the current Republican front-runner, one of modern history's greatest moral and humanitarian catastrophes continues to play out in Europe, as UN officials estimate that another 500 refugees, mainly from Sub-Saharan Africa, died trying to reach Europe last month. See Daniel Denvir's article in - Europe is a moral wasteland (April 24)

    Denvir writes:

    "The tragedy won't make headlines for long, and fresh ones are sure to follow. Sub-Saharan Africans, who may represent the bulk of last week's mass drowning, never won much sympathy to begin with. Now Europe, under siege from an insurgent far right, is trying to slam its doors shut on Syrians as well...

    ...France has imposed a draconian and alienating state of emrgency...and Europe has cut a deal with Turkish President Recep Tayyip Erdogan, exchanging cash and political legitimacy in return for accepting refugees returned from Greece in contravention of international and European law.

    Denvir's article continues:

    "The accord is purportedly about safety, but the notion that refugees belong in Turkey and not Europe is simply a racist one. They are mostly Muslims like in Turkey, not Christians like in Europe. Ironically, it is Turkey's Muslim population and it terrible human rights record that have long frustrated its desired ascension to the European Union. Now, Europe has proven willing to trade quite a lot to Turkey, where the human rights situation has deteriorated in recent years, for the sake of ethno-national homogeneity."

    What does this all have to do with America? Denvir states:

    "The U.S., of course, has behaved even more horribly, accepting roughly total 3.100 Syrian refugees since 2011...That included just about 1.200 of the mere 10,000 refugees that President Obama had pledged to settle by this October."

    And, finally:

    "The leading Republican presidential candidate, of course, wants to bar Muslims from the country."

    Daniel Denvir might well have added that this same leading Republican presidential candidate has pledged to send all Syrian refugees who are already in the US back to that war-torn country, divided between a brutal Russian-backed dictatorship and a monstrous, equally violent and inhuman (if not even more so) militant Islamist terrorist organization.

    What does this say about America, a country that was founded as a refuge for people seeking a better life of freedom from persecution, based on the principle of equal opportunity for all, that this same candidate appears to have the overwhelming support of voters in his own party (if not convention delegates, who are facing death threats and intimidation unprecedented in this country's modern history if they vote according to their conscience)?

    This same front-running candidate now has a serious chance of becoming America's next president and imposing authoritarian government similar to that which other extreme far right anti-immigrant leaders have brought about in Europe and elsewhere within living memory.

    Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School who has been helping mainly skilled and professional immigrants obtain work visas and green cards for more than 35 years. Roger believes that immigration law is not only concerned with the details of applicable laws and regulations, important as these are, but with basic human rights. Roger's email address is

    Updated 04-25-2016 at 11:31 AM by ImmigrationLawBlogs

  4. Trump Mocks Asian Accent While Supporters Threaten To Kill Delegates. Roger Algase

    Recent POLITICO stories show two sides of Donald Trump's presidential campaign. One story refers to a Trump speech in which he mocked an Indian accent in describing his phone conversation with a credit card call center representative.

    Is it just barely possible that this crude and offensive example of anti-Asian prejudice might provide further insight into why Trump is now promising to abolish the H-1B visa, as well green cards through labor certification, which together are the heart of America's employment-based immigration system?

    The other story describes death threats being made by Trump supporters against Republican convention delegates if they do not support him. These include 4,000 to 5,000 phone calls threatening violence against the Colorado Republican chairman alone.

    POLITICO writes:

    "in hotel hallways and across dinner tables, many party leaders attendig this week's meetings shared similar stories. One party chairman says a Trump supporter recently got in his face and promised 'bloodshed' if Trump doesn't win the GOP nomination. An Indiana delegate who criticized Trump received a note warning against 'traditional burial' that ended with 'We are watching you'."

    POLITICO continues:

    "And also the harassers are typically anonymous, many party leaders on the receiving end of these threats hold Trump himself at least partly responsible, viewing the intimidation efforts as a natural and obvious outgrowth of the candidate's incendiary rhetoric."

    And, from the same article:

    "Trump's campaign has never explicitly encouraged violence. But it has promoted tactics that have contributed to the delegates' fear."

    Are these unrelated reports? Or are they two sides of the same coin of anti-immigrant racism and authoritarian violence coming from the Donald J. Trump presidential campaign? And what do these and other similar news stories tell us about what America might expect from a Trump presidency?

    Roger Algase
    Attorney at Law

    Updated 04-23-2016 at 10:15 AM by ImmigrationLawBlogs

  5. Notice of Filing Is Not Required to List Every Job Duty and Requirement

    The Board of Alien Labor Certification Appeals (“BALCA”) recently determined that the notice of filing that must be posted before a labor certification is eligible to be filed is not required to list every job duty and requirement of a position that is being sponsored. In Matter of Eteam, Inc., the employer sponsored the position of “Programmer Analyst.” On the Form 9089, the employer specified that the position required a master’s degree in Computer Science or Engineering and one graduate course in database management and network security. This post-secondary education must have included software development using Unix and Perl. The case was audited and the employer submitted a notice of filing that did not state the education requirement or the coursework requirement of this position. The Certifying Officer denied the case on this basis. The case was appealed. BALCA reviewed a prior case, Architectural Stone Accents, Inc., which held that the federal regulations that govern notice of filings do not require every job requirement to be listed. While BALCA reiterated that notice of filings play an important role in ensuring that employees can provide information to a Certifying Officer about an employer’s application, it reiterated that the federal regulations “only require the [notice of filing] to contain information specific enough to apprise the U.S. workers of the job opportunity. The Employment and Training Administration did not write a regulation that mandates the employer list specific job requirements in a [notice of filing].” Consequently, BALCA determined that the notice of filing offered by the employer in this case was sufficiently detailed to inform U.S. workers of the job opportunity and overturned the decision. This case provides critical information about the content requirements of notice of filings. This post originally appeared on HLG's Views blog by Cadence Moore.

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