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  1. IER Settles Discrimination Claims Against Carrillo Farm

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

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    The Immigration and Employee Rights Section (IER) of the Department of Justice reached a settlement agreement with Carrillo Farm Labor, LLC, an onion farm in Deming, New Mexico, resolving an investigation of complaints that Carrillo Farm discriminated against U.S. citizens due to a hiring preference for foreign visa workers. This settlement is part of a Department of Justice enforcement initiative dedicated to combatting employment discrimination against U.S. workers.

    After investigating complaints filed on behalf of two U.S. citizens, IER determined that Carrillo Farm denied U.S. citizens employment in 2016 because it wanted to hire temporary foreign workers under the H-2A visa program. Under the anti-discrimination provision of the Immigration and Nationality Act (INA), it is unlawful for employers to intentionally discriminate against U.S. citizens because of their citizenship status.

    The settlement agreement requires Carrillo Farm to pay a civil penalty of $5000 to the United States, undergo IER-provided training on the anti-discrimination provision of the INA, and comply with departmental monitoring and reporting requirements for two years. In a separate agreement with workers represented by Texas RioGrande Legal Aid, Carrillo Farm agreed to pay a total of $44,000 in lost wages to affected U.S. workers.

    This is an interesting twist on discrimination – finding an employer discriminated against U.S. citizens. This settlement fits in well with DOJ’s recent announcement warning employers not to discriminate against U.S. citizens.
  2. Fred Korematsu and the Forgotten Legacy of Lies

    Seventy-five years ago this week, Fred Korematsu was arrested on a street corner in San Leandro, California. His crime: Failing to report to an internment center for Japanese immigrants and Americans of Japanese decent who were detained en masse once the United States entered World War II.
    Fred Korematsu and the Presidential Medal of Freedom.
    After three months in pre-trial detention (he wasn’t released even though he posted bail), Mr. Korematsu was convicted in federal court for violating the military relocation order, sentenced to five months’ probation, and sent to an internment camp where he lived in a horse stall. He later said, “Jail was better than this.” Over 100,000 Japanese Americans were confined to such camps during the course of the war because the government feared they were disloyal (German- and Italian-Americans were not subject to such treatment).


    The American Civil Liberties Union (“ACLU”) represented Mr. Korematsu at trial and in his appeals. Eventually, the case reached the United States Supreme Court, which issued a 6-3 decision upholding the conviction as justified due to the circumstances of “direst emergency and peril.”


    Over time, the Supreme Court’s decision—and the internment of Japanese Americans—came to be viewed as a great injustice. President Ford issued a proclamation apologizing for the internment. A commission established by President Carter concluded that the decision to remove those of Japanese ancestry to prison camps occurred because of “race prejudice, war hysteria, and a failure of political leadership.” And President Reagan signed a bill providing compensation to surviving internment camp residents. In 1998, President Clinton awarded Mr. Korematsu the Presidential Medal of Freedom, stating:

    In the long history of our country's constant search for justice, some names of ordinary citizens stand for millions of souls: Plessy, Brown, Parks… to that distinguished list, today we add the name of Fred Korematsu.

    Mr. Korematsu himself remained active in civil rights until his death in 2005. After the September 11, 2001 terrorist attacks, he spoke out about how the United States government should not let the same thing happen to people of Middle-Eastern descent as happened to Japanese Americans during WWII. He also filed amicus (friend of the court) briefs in several cases involving lengthy detention of suspects at Guantanamo Bay.


    With the Trump Administration’s attempted crackdown on Muslim immigrants, Korematsu v. United States is again in the news. A few (misguided) individuals have suggested that Korematsu provides precedent for the President’s crackdown on Muslims (though it seems highly doubtful that any modern court would rely on Korematsu for precedent). Others view the case as a cautionary tale: We should not abandon our ideals in the face of a perceived threat.


    But there is another lesson from Korematsu; a lesson that has received surprisingly little attention in our “post truth” age: The U.S. government, including the Solicitor General who argued the case, Charles Fahy, knowingly lied to the Supreme Court about the alleged threat posed by Japanese Americans during the war, and those lies very likely influenced the outcome of the case.


    The government’s mendacity came to light in the early 1980’s when Peter Irons, a law professor writing a book about the internment camps, discovered that the Solicitor General had deliberately suppressed reports from the FBI and military intelligence which concluded that Japanese-American citizens posed no security risk. The documents revealed that the military had lied to the Supreme Court, and that government lawyers had willingly made false arguments.


    As a result of these discoveries, a District Court in San Francisco formally vacated Mr. Korematsu’s conviction on November 10, 1983--more than 40 years after he was found guilty. Mr. Korematsu told the Judge, “I would like to see the government admit that they were wrong and do something about it so this will never happen again to any American citizen of any race, creed, or color.” He continued, “If anyone should do any pardoning, I should be the one pardoning the government for what they did to the Japanese-American people.”


    In 2011, the Acting Solicitor General stated:

    By the time the [case of] Fred Korematsu reached the Supreme Court, the Solicitor General had learned of a key intelligence report that undermined the rationale behind the internment. The Ringle Report, from the Office of Naval Intelligence, found that only a small percentage of Japanese Americans posed a potential security threat, and that the most dangerous were already known or in custody. But the Solicitor General did not inform the Court of the report, despite warnings from Department of Justice attorneys that failing to alert the Court “might approximate the suppression of evidence.” Instead, he argued that it was impossible to segregate loyal Japanese Americans from disloyal ones. Nor did he inform the Court that a key set of allegations used to justify the internment, that Japanese Americans were using radio transmitters to communicate with enemy submarines off the West Coast, had been discredited by the FBI and FCC. And to make matters worse, he relied on gross generalizations about Japanese Americans, such as that they were disloyal and motivated by “racial solidarity.”

    [The District Judge that overturned Mr. Korematsu’s conviction] thought it unlikely that the Supreme Court would have ruled the same way had the Solicitor General exhibited complete candor.

    And so, the U.S. government recognized that its lies did real damage. Over 100,000 Japanese Americans were uprooted from their homes and lives, confined to camps, and excluded from American society. In addition, our country lost the benefit of those citizens’ contributions—to our nation and to the war effort.


    Yet here we are again. Refugees—particularly Muslim refugees—are painted as a threat to our security. The President says they are a “Trojan Horse” for terrorists. Precious little evidence supports these claims. And much of that evidence has been discredited. Indeed, to me, it sounds a lot like “race prejudice, war hysteria, and a failure of political leadership,” with an emphasis on the latter.


    Which all leads to the final point: Will the current Administration follow the lead of Solicitor General Fahy? If the evidence does not support its assertions about Muslim immigrants, will it suppress the truth? And how will judges respond? For now, it seems that our courts remain the only level-headed branch of government, and the only real bulwark against the bigotry and falsehoods peddled by our President. When the government ignores the evidence and makes policy decisions based on fantasy, it’s not just Muslims and immigrants who will suffer. Fred Korematsu is gone, but let’s hope his legacy is never forgotten.

    Learn more about Fred Korematsu and his on-going story at the Korematsu Institute.

    Originally posted on the Asylumist: www.Asylumist.com.
    Tags: korematsu, trump Add / Edit Tags
  3. CHECKING IN ON THE VISA BULLETIN

    by , 05-24-2017 at 09:05 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State’s Visa Bulletin guru, Charlie Oppenheim, hosts monthly meetings with the American Immigration Lawyers Association. Charlie Oppenheim is the Department of State’s Chief of the Control and Reporting Division. He is the officer who is responsible for producing the Visa Bulletin each month.

    This month’s Check In With Charlie featured predictions about EB2 and EB3, which are the most popular categories for readers of this Blog. Here are some of this month’s highlights:

    EB-3 Worldwide. Charlie expects EB-3 Worldwide to continue to be “effectively current” for the foreseeable future.

    EB-3 India. Charlie predicts that the July final action date for EB-3 India will advance to October 15, 2005, which he reiterated at a May 18, 2017 meeting with AILA in Washington, D.C.

    EB-2 India. Previously, Charlie believed that this category will recover to FY2017’s final action date. Unfortunately, he no longer believes this to be the case. This category may retrogress or exhaust in August, until October 1, 2017.

    EB-3 Philippines. Charlie did not comment on EB-3 Philippines, but MU Law’s internal tracking indicates that this category will continue to progress at the same rate as the last few months.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.
  4. Trump's "Unimaginably Cruel" Budget Betrays his American Voters to Pay for Immigrant Detention and Border Wall. Roger Algase

    Donald Trump has released a budget proposal which would devastate millions of Americans who voted for him in the hope that he would protect or raise their standards of living, by cutting hundreds of billions of dollars from urgently needed lifelines for less affluent Americans, including Medicaid, Food Stamps, and Social Security Disability, in order to spend more money on, among other things, immigration judges, immigration focused US attorneys, deputy marshals and more prison space to detain unauthorized immigrants; and, last but not least, his obsession with the Mexican Border Wall.

    This is according to two POLITICO news reports:

    http://www.politico.com/story/2017/0...rograms-238696

    and

    http://www.politico.com/blogs/under-...38738?lo=ap_e1

    CNN now reports that Trump's proposed budget also includes $1.6 billion to pay for the first few dozen miles of the "bricks and mortar" wall.

    http://www.cnn.com/2017/05/23/politi...ity/index.html

    The Hill, in a May 23 story, quotes Hillary Clinton, who defeated Trump in the presidential popular vote contest by almost 3 million votes last November, as saying that Trump's budget reaches "an unimaginable level of cruelty" towards [American] children, people with disabilities, women and seniors.

    http://thehill.com/policy/finance/bu...vel-of-cruelty

    Certainly, some may try to dismiss these comments as merely partisan words from a "sore loser" (or popular vote winner, to be more accurate), but millions of working class and low income voters in Appalachia and other areas who gave Trump his electoral college victory may be forced to agree with her comment as they see their own children go hungry, or find themselves no longer able to see a doctor or go to the hospital when they are suffering from illness, due to Trump's proposed budget cuts.

    To paraphrase Marie Antoinette, it may be cold comfort for the millions of American families whose lives would be devastated by losing their "bread" due to these heartless cuts in essential programs, that they may be able to "eat the cake" of knowing that at least some of the money diverted away from these programs will be used to prosecute and lock up more Latino, Middle Eastern, Asian and black immigrants, in the case of most of whom their only "crime" consists of seeking a better life in this country, and to build a Wall as a symbol of the message that immigrants of color are no longer welcome in America.

    The terrible effect that Trump's shifting money over from programs desperately needed by millions of his own voters so he can cause even more panic, fear and despair among immigrants, and break up even more immigrant families, is just another of the many lessons that Americans are coming to learn in the "Donald Trump Era", showing that policies which are ostensibly directed only against immigrants can bring even greater suffering and hardship to Americans.

    We may be seeing many more such examples during whatever time may remain in Donald Trump's presidency, given the ongoing accumulation of scandals allegedly involving the White House.

    https://www.theguardian.com/commenti...ial-prosecutor
    __________________________________
    Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 35 years, he has been helping mainly skilled and professional immigrants from diverse parts of the world obtain work visas and green cards.

    Roger's practice is concentrated primarily in H-1-B specialty occupation, O-1 extraordinary ability and J-1 trainee work visas; and in green cards through labor certification and through opposite sex or same sex marriage. His email address is algaselex@gmail.com





    Updated 05-24-2017 at 12:35 PM by ImmigrationLawBlogs

  5. H-1B CAP UPDATE

    by , 05-23-2017 at 08:31 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    On May 3, 2017, the USCIS announced that it completed the data entry for the 2017 (FY 2018) H-1B cap season. MU Law believes that it has received all of the H-1B receipts that it will receive this year. Our in-house receipt numbers mirror the overall 42% receipt number.

    H-1B Cap Approval Notices and RFEs. Last week, Musillo Unkenholt received its first 2017 H-1B cap approval notices. We have also received our first 2017 H-1B cap Requests for Evidence. It is unclear how long it will take the USCIS to issue approvals and RFEs for the H-1B cap cases.

    H-1B Returned Petitions. Musillo Unkenholt has not yet received any returned H-1B cap-subject petitions from USCIS. Last year, we continued to receive unselected petitions into August. Our hope is that the USCIS will be faster in light of the 20% decline in H-1B cap petition filings.

    H-1B Premium Processing. What is also unknown is the state of the Premium Processing Service (PPS) for H-1B petitions. In March the USCIS revealed that it would be suspending PPS for all H-1B petitions, including cap-subject, amendments, and extensions, for as long as 6 months. A 6-month suspension of H-1B PPS means that H-1B PPS could be suspended until October 1, 2017. USCIS has made no announcement as to whether it will shorten the H-1B PPS suspension since so few H-1B cap petitions were filed.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.
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