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  1. An alternative to Trump’s family separation policy. By Nolan Rappaport


    © Getty Images

    On April 6, 2018, Attorney General Jeff Sessions notified the U.S. Attorney’s Offices along the Southwest Border of a new “zero-tolerance policy” towards illegal entries into the United States.

    According to Sessions, the situation at the border had become unacceptable. Illegal border crossings had increased by 203 percent from March 2017 to March 2018.

    He directed the U.S. attorneys in those offices to prosecute all referrals of offenses for an illegal entry, to the extent practicable.

    Entry without inspection is a serious crime. For the first commission of such an offense, the punishment is a fine or imprisoned for not more than 6 months, or both, and, for a subsequent offense, a fine or imprisoned for not more than 2 years, or both.

    Sessions’ zero-tolerance policy has resulted in the separation of children from parents who are prosecuted for an illegal entry. DHS officials recently reported that 1,995 children had been separated from their parents over the six-week period from April 19 to May 31.

    All four living former first ladies — Rosalynn Carter, Hillary Clinton, Laura Bush, and Michelle Obama — have condemned the Trump administration's practice of separating parents and children at the border.

    Even President Trump’s first lady, Melania Trump, has said that she hates to see children separated from their families. Her communications director, Stephanie Grisham, told CNN on Sunday. "She believes we need to be a country that follows all laws, but also a country that governs with heart."
    What happens to the child of a parent who has been referred for criminal prosecution for making an illegal entry?

    Read more at http://thehill.com/opinion/immigrati...aration-policy

    Published originally on The Hill.

    Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.




  2. Trump-Friendly HLS Prof. Dershowitz Blasts Child Separation; DHS Chief's Memo Defends Policy With Lie Recalling Auschwitz Sign. Roger Algase

    Renowned Harvard Law School Professor Alan Dershowitz, who has been a staunch Trump defender in connection with the investigation by Special Counsel Robert Mueller into alleged collusion with Russia by high-ranking members of Trump's presidential campaign staff, if not Trump himself, has made a direct plea to Trump on Fox News to end his child separation policy:

    Here is what Dershowitz had to say to Trump, as reported in The Hill in June 18:

    President Trump, you know I've been defending your civil liberties and will continue to do so on this show, but you have to end this policy of separating parents from children...Not because of the parents, but because of the children. It imposes a trauma on the children."

    http://thehill.com/blogs/blog-briefi...nt-families-at

    While Trump, Sessions, and the DHS have tried to defend this barbaric and inhuman policy on the grounds that, in effect, the parents are criminals because they cross the border illegally and therefore deserve to be prosecuted, they never say anything about the children, who are too young to be criminals, cannot be prosecuted for any crime and are clearly not responsible for the parents' decision to bring them to the United States.

    Yet, as Dershowitz points out, these innocent children are now being made to suffer even more than the parents.

    Meanwhile, a June 18 DHS memo on family separation shows that it must be hard to be a high official in the Trump administration who is, evidently, being forced to lie about a major policy issue to keep one's job.

    In her so-called "Myth vs. Fact memo, DHS Chief Kirstjen Nielsen states:

    "DHS does not have a blanket policy of separating families at the border" but this only happens if "an adult is referred for criminal prosecution."

    http://discuss.ilw.com/content.php?9810

    She conveniently leaves out the fact that under the new Trump-Sessions zero-tolerance policy, 100 percent of adults who cross at unauthorized border points are now being referred for criminal prosecution!

    If this isn't a "blanket policy" of separating families at the border, what it? Nielsen would have a hard time explaining to the parents of the 2,000 children, including a breastfeeding baby, who have been forcibly torn away from their parents at the border in just the last few weeks that there is no blanket DHS policy of family separation.

    True, as Nielsen has also pointed out, parents who present themselves at authorized border crossing points are, at least in theory, not being prosecuted or separated from their children. There is only one problem with this - the authorized border crossing points have been closed against asylum seeking families as being "too full".

    As a practical matter, therefore, there are no border crossing points where parents can present themselves without being prosecuted and having their children torn away to places unknown without having any idea when they will see their children again.

    To be sure, in the same Fox News interview, Professor Dershowitz also criticized people who compare Trump's family separation policy to the horrors of Auschwitz or the Nazi holocaust in general. I have always been very careful to point out the comparisons between Trump and Hitler and the Nazis must be used with extreme care, and that Trump's border policies are light years away from the unimaginable horrors of Auschwitz where 2 million Jews and other people whom the Nazis didn't want around were brutally murdered.

    But the fact that a particular white supremacist immigration policy of the Trump-Sessions-Miller administration isn't as terrible as Auschwitz was is, as I sure everyone will agree, a pretty low bar for deciding if it meets the basic standards of humanity. Family separation, clearly does not.

    Also, with all due respect to both Professor Dershowitz and Secretary Nielsen, there is one uncomfortable resemblance between her DHS memo and Auschwitz. As almost everyone who has ever heard about the Holocaust knows, there was a big sign right at the entrance to Auschwitz with the words:

    Arbeit Macht Frei - literally: "Work Makes Free"

    Of course no one was ever made free at Auschwitz through work or anything else except death, until the camp was finally liberated by allied troops.

    The Auschwitz sign has therefore forever become a symbol of the Nazis' capacity to lie. The Trump administration has now issued a statement which, while certainly nowhere near as horrific as Auschwitz, is also a bald-faced out and out lie. Here it is again - on page 1 of the DHS memo:

    "DHS does not have a blanket policy of separating families at the border."


    Roger Algase
    Attorney at Law
    algaselex@gmail.com




    Updated 06-19-2018 at 09:27 AM by ImmigrationLawBlogs

  3. JULY 2018 VISA BULLETIN: LATEST UPDATE AND ANALYSIS

    by , 06-18-2018 at 03:42 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just issued the July 2018 Visa Bulletin. This is the tenth Visa Bulletin of Fiscal Year 2018. This blog post analyzes this month's Visa Bulletin.

    July 2018 Visa Bulletin


    Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.


    EB

    Class
    All Other
    CHINA
    INDIA
    MEXICO
    PHIL'PNES
    EB-1
    C
    01JAN12
    01JAN12
    C
    C
    EB-2
    C
    01JAN15
    01MAR09
    C
    C
    EB-3
    C
    01JAN13
    01NOV08
    C

    01JAN17

    Table B: Dates for Filing -- The DOS may work on applications with these dates. But the Visa cannot be approved until the date is current per Table A.


    EB


    Class
    All Other
    CHINA
    INDIA
    MEXICO
    PHIL'PNES
    EB-1
    C
    C
    01JAN12
    C
    C
    EB-2
    C
    01APR15
    22MAY09
    C
    C
    EB-3
    C
    01JAN16
    01MAY09
    C

    01JUL17


    MU Law Analysis (all references are to Table A unless noted)


    All Other: The EB-2 has been current for many years. The EB-3 is also current and is expected to remain current for the foreseeable future.

    China (mainland-born): As often happens as we get closer to the end of the fiscal year, each categories moves with a higher variance than is usual. We expect that China EB-1 and EB-3 are essentially fully used, which means that there will be no numbers until after October 1, 2018. On the other hand, the China EB-2 number progressed about 6 months, reflecting than "downgrade" demand that has occurred in the last several years.

    India: As with China, the retrogression of India EB-1 probably means that there will not be a forward progression until after October 1, 2018. EB-2 and EB-3 continued their steady progress. Rumors are flying around the internet about a massive progression of EB-3. We expect steady progressions for Indian EB-3, reflecting lower demand for these visas in 2008-09.

    Mexico: Mirrors All Other in analysis.

    Philippines: Phils EB-3 stayed the same. As with China EB-1 and EB-3, and India EB-1, this probably means no forward progression until October 1, 2018, when the new fiscal year begins. There is a minimal chance of a small progression in the next 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, Twitter, and LinknedIn.

    Updated 06-18-2018 at 04:10 PM by CMusillo

  4. Letters of the Week: June 18 - June 22

  5. Honduran nationals sentenced for wire fraud, illegally employing workers

    By: Bruce Buchanan, Sebelist Buchanan Law



    Two unlawfully present Honduran nationals, Anyi Artica-Romero and Milton Noel Romero were sentenced to 18 months in federal prison and 14 months (time served), respectively, for conspiracy to commit wire fraud for their roles in a scheme that created shell companies to mask the unauthorized employment of workers in the construction industry. Additionally, the defendants were also ordered to forfeit more than $800,000 in illegal proceeds from the scheme and pay more than $31,000 in restitution.

    According to court documents, the defendants facilitated the illegal employment of unlawfully present foreign nationals in the construction industry. Construction contractors and subcontractors entered into agreements with shell companies controlled by the defendants to provide workers, most of whom were undocumented aliens, for the contractors and subcontractors. By obtaining and paying the workers through the shell companies, the contractors and subcontractors could disclaim responsibility for ensuring the workers were legally authorized to work in the U.S., state and federal payroll taxes were paid and workers compensation insurance was provided.

    After creating the shell companies, the defendants applied for workers compensation insurance policies covering a period from September 2015 through July 2017. The defendants represented in the applications that the policies would cover up to 19 employees with estimated annual payrolls of no more than $410,800. The insurance companies issued policies based on this fraudulent information in the applications, which the defendants then “rented” to numerous construction contractors and subcontractors employing hundreds of workers with more than $20 million in annual payroll as purported proof of workers compensation insurance required under Florida law.

    The contractors and subcontractors wrote payroll checks to the shell companies for work performed by the workers. The defendants cashed the checks and distributed the cash to construction crew leaders, who then paid the workers in cash. No state or federal payroll taxes were deducted from the workers’ pay, in violation of Florida and federal law.

    The defendants kept approximately four percent of each payroll check as a “rental” fee. During the period of the scheme, they cashed more than $20 million in payroll checks, with the four percent fee totaling more than $800,000 in illegal proceeds.
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