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  1. Immigration Opponents Are Concerned That Trump Might Fire Sessions. Would AG's Departure be Good for Immigration? Roger Algase

    Few US politicians have been more consistently anti-immigrant than Trump's embattled Attorney General and former Alabama Republican Senator Jeff Sessions. This is why anti-immigrant conservatives are anguished at the thought that Trump might force Sessions to resign.

    One commentator, David Leach, writing in the right wing publication redstate.com blames the pressure coming from Trump against Sessions on alleged objection to Sessions' immigration policies by Trump's "liberal" daughter and son in law, Ivanka Trump and Jared Kushner:

    "Could it be that Jared and Ivanka are now driving Trump's immigration agenda? If so, wouldn't it make sense that they would want Sessions gone due to his tough approach to illegal immigration? And if that is true, wouldn't it explain Trump's aggressive attacks against his Attorney General?"

    http://www.redstate.com/diary/stride...jeff-sessions/

    While the above may easily be dismissed as pure conspiracy theory, the leaders of well established immigration restrictionist organizations, such as the famously misnamed Center for Immigration Studies, which is at least much committed to lobbying against immigrants as it is to doing research, as well as Numbers USA, are also agonizing over the possibility that firing Sessions or pressuring to resign might indicate that Trump is going "soft" on immigration.

    Rosemary Jencks, a spokesperson for this latter organization is quoted as follows in another right wing anti-immigrant publication, signal.com

    "Attorney General Sessions has proven beyond any doubt his commitment to enforcing the law, and particularly the immigration laws that have been neglected for decades to the detriment of American workers."

    http://dailysignal.com/2017/07/25/am...ound-sessions/

    Supporters of AG Sessions, who has a long record of hostility to immigration as a Senator, including support for the same "Nordics"- only 1924 immigration law that Adolf Hitler also praised some 90 years earlier in Mein Kampf (see Sessions' January, 2015 immigration "Handbook" for Congressional Republicans), and who has lost no time putting a mass deportation agenda into effect against Latino and other mainly non-white immigrants in what Sessions himself as called the "Trump Era", need not worry that Donald Trump has suddenly turned into a strong defender of immigrant rights without regard to any particular immigrant's race, color or creed.

    If Trump's views on immigration were so flexible, malleable, or free from what the 4th Circuit Federal Court of Appeals, in an overwhelming 10-3 en banc decision determined as a matter of fact to be Trump's "animus" against at least one class of minority immigrants (Muslims), he would never have appointed Jeff Sessions as Attorney General in the first place.

    To be continued.

    Updated 07-27-2017 at 07:32 PM by ImmigrationLawBlogs

  2. President Trump’s 101-Year Deportation Plan

    Joseph Stalin and Mao Zedong had their five-year plans. Nikita Khrushchev had his seven-year plan. And now President Trump has a 101-year plan. That’s how long it will take to deport the country’s 11 million undocumented residents if current trends continue.


    Happy Birthday! Now, get the hell out of my country!


    The most recent statistics on case completions in Immigration Court show that the Trump Administration has issued an average of 8,996 removal (deportation) orders per month between February and June 2017 (and 11,000,000 divided by 8,996 cases/month = 1,222.8 months, or 101.9 years). That's up from 6,913 during the same period last year, but still well-below the peak period during the early days of the Obama Administration, when courts were issuing 13,500 removal orders each month.

    Of course, the Trump Administration has indicated that it wants to ramp up deportations, and to that end, the Executive Office for Immigration Review or EOIR--the office that oversees the nation's Immigration Courts--plans to hire more Immigration Judges ("IJs"). Indeed, Jefferson Beauregard Sessions, the Attorney General (at least for now) announced that EOIR would hire 50 more judges this year and 75 next year.
    Assuming EOIR can find 125 new IJs, and also assuming that no currently-serving judges retire (a big assumption given that something like 50% of our country's IJs are eligible to retire), then EOIR will go from 250 IJs to 375. So instead of 101 years to deport the nation's 11 million undocumented residents, it will only take 68 years (assuming that no new people enter the U.S. illegally or overstay their visas, and assuming my math is correct--more big assumptions).

    But frankly, I'm doubtful that 68 years--or even 101 years--is realistic. It's partly that more people are entering the population of "illegals" all the time, and so even as the government chips away at the 11,000,000 figure, more people are joining that club, so to speak. Worse, from the federal government's point of view, there is not enough of a national consensus to deport so many people, and there is significant legal resistance to Mr. Trump's immigration agenda.

    In addition to all this, there is the Trump Administration's modus operandi, which is best characterized as malevolence tempered by incompetence. One statistic buried in the recent deportation numbers illustrates this point. In March 2017, judges issued 10,110 removal orders. A few months later, in June, judges issued 8,919 removal orders.

    This means that the number of deportation orders dropped by 1,191 or about 11.8%. How can this be? In a word: Incompetence (I suppose if I wanted to be more generous—which I don’t—I could say, Inexperience). The Trump Administration has no idea how to run the government and their failure in the immigration realm is but one example.

    There are at least a couple ways the Administration’s incompetence has manifested itself at EOIR.

    One is in the distribution of judges. It makes sense to send IJs where they are needed. But that’s not exactly what is happening. Maybe it’s just opening night jitters for the new leadership at EOIR. Maybe they’ll find their feet and get organized. But so far, it seems EOIR is sending judges to the border, where they are underutilized. While this may have the appearance of action (which may be good enough for this Administration), the effect—as revealed in the statistical data—is that fewer people are actually being deported.

    As I wrote previously, the new Acting Director of EOIR has essentially no management experience, and it’s still unclear whether he is receiving the support he needs, or whether his leadership team has the institutional memory to navigate the EOIR bureaucracy. Perhaps this is part of the reason for the inefficient use of judicial resources.

    Another reason may be that shifting judges around is not as easy as moving pieces on a chess board. The IJs have families, homes, and ties to their communities. Not to mention a union to protect them (or try to protect them) from management. And it doesn’t help that many Immigration Courts are located in places that you wouldn’t really want to live, if you had a choice. So getting judges to where you need them, and keeping them there for long enough to make a difference, is not so easy.

    A second way the Trump Administration has sabotaged itself is related to prosecutorial discretion or PD. In the pre-Trump era, DHS attorneys (the “prosecutors” in Immigration Court) had discretion to administratively close cases that were not a priority. This allowed DHS to focus on people who they wanted to deport: Criminals, human rights abusers, people perceived as a threat to national security. In other words, “Bad Hombres.” Now, PD is essentially gone. By the end of the Obama Administration, 2,400 cases per month were being closed through PD. Since President Trump came to office, the average is less than 100 PD cases per month. The result was predictable: DHS can’t prioritize cases and IJs are having a harder time managing their dockets. In essence, if everyone is a deportation priority, no one is a deportation priority.

    Perhaps the Trump Administration hopes to “fix” these problems by making it easier to deport people. The Administration has floated the idea of reducing due process protections for non-citizens. Specifically, they are considering expanding the use of expedited removal, which is a way to bypass Immigration Courts for certain aliens who have been in the U.S. for less than 90 days. But most of the 11 million undocumented immigrants have been here much longer than that, and so they would not be affected. Also, expansion of expedited removal would presumably trigger legal challenges, which may make it difficult to implement.

    Another “fix” is to prevent people from coming here in the first place. Build the wall. Deny visas to people overseas. Scare potential immigrants so they stay away. Illegally turn away asylum seekers at the border. Certainly, all this will reduce the number of people coming to America. But the cost will be high. Foreign tourists, students, and business people add many billions to our economy. Foreign scholars, scientists, artists, and other immigrants contribute to our country’s strength. Whether the U.S. is willing to forfeit the benefits of the global economy in order to restrict some people from coming or staying here unlawfully, I do not know. But the forces driving migration are powerful, and so I have real doubts that Mr. Trump’s efforts will have more than a marginal impact, especially over the long run. And even if he could stop the flow entirely, it still leaves 11 million people who are already here.

    There is an obvious alternative to Mr. Trump’s plan. Instead of wasting billions of dollars, harming our economy, and ripping millions of families apart, why not move towards a broad legalization for those who are here? Focus on deporting criminals and other “bad hombres,” and leave hard-working immigrants in peace. Sadly, this is not the path we are on. And so, sometime in 2118, perhaps our country will finally say adieu to its last undocumented resident.

    Originally posted on the Asylumist: www.Asylumist.com.
  3. Trump Plans to Raise Asylum Bar and Speed Deportations

    by , 07-26-2017 at 02:35 PM (Matthew Kolken on Deportation And Removal)
    Via Reuters:

    WASHINGTON (Reuters) - The Department of Homeland Security has prepared new guidance for immigration agents aimed at speeding up deportations by denying asylum claims earlier in the process.

    The new guidelines, contained in a draft memo dated February 17 but not yet sent to field offices, directs agents to only pass applicants who have a good chance of ultimately getting asylum, but does not give specific criteria for establishing credible fear of persecution if sent home.


    The guidance instructs asylum officers to "elicit all relevant information" in determining whether an applicant has "credible fear" of persecution if returned home, the first obstacle faced by migrants on the U.S.-Mexico border requesting asylum.


    Click here for more of the story.
  4. Undocumented Youth Stage Mass Sit-in at Texas Attorney General Office

    by , 07-26-2017 at 10:01 AM (Matthew Kolken on Deportation And Removal)
    Immigrant Youth From Across The Country Come To Texas For First Undocumented Led Escalated Action Under The Trump Administration
    This action comes in response to the recent threats facing the Deferred Action for Childhood Arrivals (DACA) Program and the introduction to the DREAM Act bill in Congress

    Austin, TX- Immigrant youth from across the country are gathering in Texas to take escalated action and pledge their renewed commitment to winning permanent protection, dignity and respect for all 11 million undocumented immigrants.


    Who:
    Undocumented youth, parents, and allies


    What:
    Mass sit-in at Texas Attorney General’s Office, in the first and largest undocumented led direct action since Trump’s inauguration. 300 W 15th St, Austin, TX


    When:
    Wednesday, July 26th 10:30 AM


    Texas has become the battleground state in the struggle for immigrant rights in the Trump era. It leads the country on mass deportations and recently passed the most anti-immigrant statewide law. It was Texas Attorney General Ken Paxton who spearheaded the call for the repeal of DACA. Undocumented youth in Texas and across the country are confronting attacks on the immigrant community head on. For the DACAmented young people participating in this action, the threat of facing ICE retaliation is real- just as it was seven years ago when the first undocumented youth began risking arrest. Austin Mayor Steve Adler and Travis County Sheriff Sally Hernandez have said that the police department does not transfer immigrants over to ICE and we expect them to honor that commitment.


    “With DACA under threat, we know that some will put their hope in DC politicians. But we also know that we won DACA not because of any politician, but because our community took fearless action. We marched, we walked-out, we stopped deportations and shut down detention centers. We took risks and put our bodies on the line to tell the people of this country that we were ‘Undocumented, Unafraid, and Unapologetic,’” said Maria Fernanda Cabello, a spokesperson for Movimiento Cosecha. “This moment calls for us to be brave again; to create a moral crisis that will change the narrative on immigration in this country.”


    Immigrant youth have always known DACA was temporary, which is why we need permanent protection, dignity and respect for all. This moment is bigger than any piece of legislation. DACA is under attack while our parents, who were never even given the temporary protection DACA provides, are denied dignity and respect in a country that has never recognized them. It is time for the immigrant community to show this country that it depends on us. We will not stop fighting until we have won permanent protection, dignity and respect for our parents, our communities, and all 11 million undocumented immigrant
  5. REGISTER FOR MU HEALTHCARE IMMIGRATION WEBINAR ON AUGUST 1

    by , 07-26-2017 at 08:43 AM (Chris Musillo on Nurse and Allied Health Immigration)
    MU Law is pleased to announce a free healthcare immigration webinar on August 1, 2017 at 3PM ET for all clients and friend of the firm. It is ideal for US employers, staffing companies, recruiters, and others interested in healthcare immigration.

    Click here to REGISTER

    The Healthcare Immigration Seminar will feature these topics:

    • Green card Immigration for Nurses and Physical Therapists (Schedule A occupations)
    • Filing for Green card when you have an Unanticipated Worksite
    • Visa Screens and Healthcare Worker Certificates
    • FCCPT and the future of PT immigration
    • H-1B visas for PTs, OTs, Med Techs, and other allied healthcare workers
    • Managing Social Security Numbers and Licensure
    • H-1B cap-exempt entities
    • Immigration under the Trump administration
    • Legislative and Regulatory changes that may be on the horizon

    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, Twitter and LinknedIn

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