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Blog Comments

  1. ImmigrationLawBlogs's Avatar
    Matthew, I don't understand what you find appalling. You say, "Education Secretary Betsy DeVos said Tuesday that its up to individual schools to decide whether to call U.S. Immigration and Customs Enforcement if they suspect their students are undocumented."

    That''s what the schools wanted
    when I was an immigration counsel on Judiciary, and I strongly suspect that they still feel that way. Their argument was that they should not be in the enforcement business, particularly with respect to their own students. They said that was the government's responsibility.

    In other words, the same argument being used to justify sanctuary cities.

    Nolan Rappaport
  2. MKolken's Avatar
    It was appalling under Obama and it is appalling under Trump.
  3. ImmigrationLawBlogs's Avatar
    It certainly appears that Trump doesn't have to look very far back to find precedents for his own anti-immigrant repression. Just as a detail, did school officials also report undocumented children under Obama, or is this part new with Trump?

    Roger Algase
    Attorney at Law
  4. MKolken's Avatar

    ICE Agents Are Arresting Teens On Their Way To School

    Yefri is just one of hundreds of teenagers arrested by Immigration and Customs Enforcement (ICE) agents so far this year, as the Obama administration has carried out extensive immigration raids focused on targeting Central Americans who crossed the border after January 2014. Yefri was swept up in a raid known as Operation Border Guardian that took 336 people into custody.
  5. ImmigrationLawBlogs's Avatar
    Did the Obama administration have a similar policy? I am just asking out of curiosity, not to be argumentative.

    Roger Algase
    Attorney at Law
  6. ImmigrationLawBlogs's Avatar
    It's more meaningful from an enforcement standpoint to distinguish between removing aliens trying to get into the country and aliens who are already here, i.e., the 11 million undocumented aliens currently living in the US. I address Trump's progress on this front in an article I submitted to The Hill a few minutes ago. The following is from that article:

    "Deporting the aliens in this group (aliens trying to get into The country) who do not establish eligibility for relief from deportation will prevent them from increasing the undocumented alien population, but it won’t reduce the size of that population. That requires removal of aliens who are living in the United States, i.e., interior enforcement, which is handled by Immigration and Customs Enforcement (ICE).

    ICE deportations have dropped by almost 50 percent in the last five years. In October 2012, ICE deported 34,543 individuals. By December 2016 that figure had declined to 20,833. And in October 2017, only 18,428 were deported.

    Trump has not reversed this trend. ICE only deported 156,071 aliens from February 2017 to October 2017. At that rate, it would take more than 70 years to remove the 11 million undocumented aliens who are living in the United States."

    I predict that Trump will concentrate on getting more interior removals, which necessarily will include may noncriminal aliens.

    Nolan Rappaport
  7. ImmigrationLawBlogs's Avatar
    Matthew, did you look at the qualifications required to be an immigration judge? Do you think they are adequate?

    Nolan Rappaport
  8. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by MKolken
    Looking forward to reading it.
    Immigration judge quotas will not eliminate the backlog crisis (April 4, 2018),

    Nolan Rappaport
  9. ImmigrationLawBlogs's Avatar
    I think you are missing the point of concern about crime committed by illegal aliens. The point is that they aren't supposed to be here. If the law were to be enforced more effectively, fewer illegal aliens would be committing crimes here.

    Nolan Rappaport
  10. ImmigrationLawBlogs's Avatar
    It's a pleasure to see someone reporting on the good things that the Trump administration is doing with respect to immigration enforcement.

    It wasn't that long ago when the Democrats were opposed to illegal immigration. Can anyone tell me when they did an about face on that issue and why they did it?

    Nolan Rappaport
  11. ImmigrationLawBlogs's Avatar
    I would agree with the ABA President but for the fact that the immigration judges and the Board of Immigration Appeals have done such a poor job. They need more supervision, not more independence.

    If you want to know why I say that, see my article, "Immigration judge quotas will not eliminate the backlog crisis" (April 4, 2018),

    Nolan Rappaport
  12. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by MKolken
    This really isn't anything new. 52% of ALL federal criminal prosecutions under Obama were immigration related crimes.
    It's not new to you or to me, but I don't think many people realize that entry without inspection is a crime and that two or more entries make it a felony.

    If Trump plans to prosecute first time entries, which are only a misdemeanor, he is likely to incarcerate the aliens found guilty at military bases. That apparently is his plan to be able to provide the additional bed space needed to end catch and release.

    If Trump gets serious about enforcement, we will see much greater military involvement for detention as well as to assist CBP at the border. As Dylan said, "The times, they are a changing."

    Nolan Rappaport
  13. MKolken's Avatar
    This really isn't anything new. 52% of ALL federal criminal prosecutions under Obama were immigration related crimes.
  14. ImmigrationLawBlogs's Avatar
    Catch and release was just starting when I was an immigration counsel on the Judiciary Committee. Border communities were having a fit over the release of so many undocumented aliens. The aliens were committing crimes and causing other problems.

    INS got the brilliant idea of giving them bus tickets and sending them on their way to the interior of the country where the would disappear rapidly, i.e., the complaints would stop.

    A congressman showed a video at a Judiciary hearing showing INS taking them to a bus station.

    Administrations ever since have pledged to stop the practice, but they haven't had detention space for all of the ones who were being released. Trump has solved that problem. They will be kept at military bases near the border.

    Nolan Rappaport
    Updated 04-09-2018 at 06:15 PM by ImmigrationLawBlogs
  15. ImmigrationLawBlogs's Avatar

    I know most of the readers will view this as another outrageous attempt to persecute undocumented aliens. In fact though, Congress made it a serious criminal offense with the following INA provisions, which, incidentally, were enacted long before Trump became a politician. Nolan Rappaport

    8 U.S. Code 1325 - Improper entry by alien

    (a)Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of factsAny alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

    (b)Improper time or place; civil penaltiesAny alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of(1)at least $50 and not more than $250 for each such entry (or attempted entry); or

    (2)twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.

    Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.

    (c)Marriage fraudAny individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.

    (d)Immigration-related entrepreneurship fraudAny individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, or both.

  16. MKolken's Avatar
    I have two clients who enrolled at this same "university" created by DHS. Both clients believed that the University of Northern New Jersey was a real school, and ended up falling out of status as a result of our own government's deception, couple with trusting unscrupulous individuals looking to profit off of the desperation of immigrants. Both of my clients had immigration court proceedings instituted against them, and NEITHER were charged with fraud. One now has a green card, the other is on their way.

    Moreover, if an individual is willing to give their life serving our country they should be forgiven for what is tantamount to a speeding ticket. And yes, I DO equate a mere overstay to a speeding ticket. It is an offense that is malum prohibita, not malum per se, requires no specific intent, and is not in any way morally reprehensible.
    Updated 04-06-2018 at 08:05 AM by MKolken
  17. ImmigrationLawBlogs's Avatar
    Are you sure the directive applies to aliens who have committed visa fraud? Certainly, it wasn't intended to be an absolute, no exception mandate. What if the alien was a human trafficker or a terrorist? Surely you wouldn't say they were covered by the directive.

    Or is it that you don't consider visa fraud a serious matter? I don't know what kind of visa fraud was involved, but fraud involving visas is a serious criminal offense. See

    Nolan Rappaport
  18. ImmigrationLawBlogs's Avatar
    For a warning that this latest attempt to pressure immigration judges into rushed decision-making in cases involving immigrants who are not given enough time to obtain legal representation or prepare their cases properly, all in support of Trump's racial agenda of speeding up deportations, could backfire by clogging up the federal courts with even more immigration-related lawsuits, see Amanda Marcotte's article in (April 4):

    Jeff Sessions' new "quotas" for immigration judges: Pathway to mass deportation?

    Roger Algase
    Attorney at Law
    Updated 04-04-2018 at 09:58 AM by ImmigrationLawBlogs
  19. MKolken's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    Excellent summary. I am working on an article about this plan right now that is scheduled to be published tomorrow. I explain why this plan won't work.

    Nolan Rappaport
    Looking forward to reading it.
  20. ImmigrationLawBlogs's Avatar
    For a discussion about the concerns expressed by two distinguished immigration judges, including retired judge Paul Schmidt, about this latest assault on due process and the rule of law in immigration cases by the Trump administration, see my April 3 Immigration Daily comment:

    Roger Algase
    Attorney at Law

    Updated 04-03-2018 at 01:37 PM by ImmigrationLawBlogs
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