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Blog Comments

  1. 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
  2. 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),
    http://thehill.com/opinion/immigrati...backlog-crisis

    Nolan Rappaport
  3. 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
  4. MKolken's Avatar
    This really isn't anything new. 52% of ALL federal criminal prosecutions under Obama were immigration related crimes.
  5. 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
  6. ImmigrationLawBlogs's Avatar
    Matthew,

    I know most of the ILW.com 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.










  7. 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
  8. 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 https://www.law.cornell.edu/uscode/text/18/1546

    Nolan Rappaport
  9. 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 Salon.com (April 4):

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

    https://www.salon.com/2018/04/04/jef...s-deportation/

    Roger Algase
    Attorney at Law
    Updated 04-04-2018 at 09:58 AM by ImmigrationLawBlogs
  10. 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.
  11. 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:

    http://blogs.ilw.com/entry.php?10483

    Roger Algase
    Attorney at Law


    Updated 04-03-2018 at 01:37 PM by ImmigrationLawBlogs
  12. ImmigrationLawBlogs's Avatar
    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
  13. ImmigrationLawBlogs's Avatar
    Is this kind of prolonged or indefinite incarceration of Latino or other minority immigrants part of a plan by Donald Trump to make America white again, or is there some other rationale?

    Roger Algase
    Attorney at Law
  14. ImmigrationLawBlogs's Avatar
    And for a summary of Justice Breyer's dissenting opinion by alternet.org writer Steven Rosenfeld, and an explanation of why Rosenfeld calls the majority decision

    "An authoritarian ruling [which] enlarges federal police power and ignores centuries of judicial precedent and human rights"

    see:

    https://www.alternet.org/immigration...-can-be-jailed

    Roger Algase
    Attorney at Law
  15. ImmigrationLawBlogs's Avatar
    What will be in the next set of instructions to Immigration Judges issued under the authority of the Trump/Sessions Justice Department?

    A memo ordering Immigration Judges to treat all children appearing before them with extreme suspicion?

    Roger Algase
    Attorney at Law
  16. ImmigrationLawBlogs's Avatar
    I wonder if they realize how dangerous hunger strikes are, or how futile what they are doing is.

    Incidentally, has anyone heard of a case in which a former DREAMER has been deported?

    Nolan Rappaport
  17. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    I have skimmed through the report that Matt mentions, and even based on just a quick glance, it alleges some horrendous abuses against immigration detainees by ICE officers that cannot help but recall things that went on in Nazi concentration camps - such as putting one detainee in prolonged lock down for the "offense" of sharing coffee with another detainee.

    If that is the way immigration detainees are being treated now, it can't be long before open torture, which Trump has expressed such a great fondness for, comes into style in these prisons, just as it was used against black prisoners in the South in the segregation era.

    To blame these abuses on Obama is misplaced; this report is not primarily about about abuses which took place in the past (though there was now excuse for those either), but about ones which are taking place now, under another president who has a different name from Barack Obama.

    Having said the above, it is impressive and encouraging to see John Kelly's name on the report as one of the people transmitting it. That could certainly be an indication that this administration recognizes that there is a problem and is trying to do something about it - a hopeful sign to be sure.

    Maybe it would be better if Kelly decides not to tell Trump about this report - the president might decide in his next tweet that it is only "fake news" and fire everyone responsible - for the report, that is, not the abuses.

    Or maybe not - let's hope not.

    But either way, this is not Obama's problem now - it is Donald J. Trump's.

    Given the almost pathological hostility that Trump has shown toward all non-white immigrants as both president and candidate, will he really do anything to stop the open cruelty and abuses against detainees described in this damning report by his own administration?

    In what is only the latest example of the president's delusional and maliciously false comments about non-white immigrants, witness his latest, utterly despicable attack on more than a million people from all over the world who have immigrated to the US legally under the Diversity Visa program, and many of whom are now naturalized US citizens and therefore the president's fellow Americans.

    See my comment originally posted in ilw.com on December 15.

    http://blogs.ilw.com/entry.php?10287

    Roger Algase
    Attorney at Law
    Roger, did you bother to read the Inspector General's report before you wrote this absurd comment? I don't think you did.

    If you had just read the first page of the report, you would know that the IG made only one recommendation and that ICE concurred and has begun corrective action. And if you had read further, you would know that ICE cancelled its contract with one of the detention centers.

    You remind me of the Hawain federal district court judge who read the revised version of Trump's travel ban and found nothing wrong with it. But he then said, in effect, but we know Trump is a Muslim hating bigot, so the real reason for the ban must be religious discrimination.

    Neither of you pays any attention to what Trump actually does. You base your views on your opinion of him as a person. There is one difference. The Hawaiin judge didn't compare Trump to Hitler.

    Nolan Rappaport


  18. ImmigrationLawBlogs's Avatar
    I have skimmed through the report that Matt mentions, and even based on just a quick glance, it alleges some horrendous abuses against immigration detainees by ICE officers that cannot help but recall things that went on in Nazi concentration camps - such as putting one detainee in prolonged lock down for the "offense" of sharing coffee with another detainee.

    If that is the way immigration detainees are being treated now, it can't be long before open torture, which Trump has expressed such a great fondness for, comes into style in these prisons, just as it was used against black prisoners in the South in the segregation era.

    To blame these abuses on Obama is misplaced; this report is not primarily about about abuses which took place in the past (though there was now excuse for those either), but about ones which are taking place now, under another president who has a different name from Barack Obama.

    Having said the above, it is impressive and encouraging to see John Kelly's name on the report as one of the people transmitting it. That could certainly be an indication that this administration recognizes that there is a problem and is trying to do something about it - a hopeful sign to be sure.

    Maybe it would be better if Kelly decides not to tell Trump about this report - the president might decide in his next tweet that it is only "fake news" and fire everyone responsible - for the report, that is, not the abuses.

    Or maybe not - let's hope not.

    But either way, this is not Obama's problem now - it is Donald J. Trump's.

    Given the almost pathological hostility that Trump has shown toward all non-white immigrants as both president and candidate, will he really do anything to stop the open cruelty and abuses against detainees described in this damning report by his own administration?

    In what is only the latest example of the president's delusional and maliciously false comments about non-white immigrants, witness his latest, utterly despicable attack on more than a million people from all over the world who have immigrated to the US legally under the Diversity Visa program, and many of whom are now naturalized US citizens and therefore the president's fellow Americans.

    See my comment originally posted in ilw.com on December 15.

    http://blogs.ilw.com/entry.php?10287

    Roger Algase
    Attorney at Law
    Updated 12-16-2017 at 07:50 AM by ImmigrationLawBlogs
  19. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by MKolken
    Ironically, it is the current administration that is taking the complaints seriously, when the previous administration did nothing despite having full knowledge of the problem: A Broken, Dangerous System - The New York Times
    I am glad that someone is looking at this objectively. Trump inherited the current detention system from the previous administration. Let's wait to see what he does to deal with this problem before blaming him for it.


    I couldn't read the New York Times article you cited. You can only see a few a month if you aren't a subscriber.

    Nolan Rappaport
    Updated 12-17-2017 at 02:10 PM by ImmigrationLawBlogs
  20. ImmigrationLawBlogs's Avatar
    I am not making any excuses for the many, and serious, detention abuses under the previous administration or administrations. I am only pointing out who owns the system now, and who appears to be trying to expand the system to include more detainees than ever before by targeting people for deportation who were (at least officially) low priority under the previous administration.

    See Kathryn Johnson's shocking December 15 article in The Hill about the expansion of private immigration detention facilities by the Trump administration to benefit wealthy campaign donors:

    http://thehill.com/blogs/congress-bl...-jails-planned

    Roger Algase
    Attorney at Law
    Updated 12-15-2017 at 11:34 AM by ImmigrationLawBlogs
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