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  1. DOJ Settles Immigration-Related Discrimination Claim Against Themesoft Inc.

    By: Bruce Buchanan, Sebelist Buchanan Law

    The Department of Justice, through the Immigrant and Employee Rights Section (IER), has reached a settlement with Themesoft Inc., a Texas-based company that provides consulting and staffing services to technology clients. The settlement resolves the IER’s investigation into whether the company discriminated against a work-authorized immigrant by refusing to allow him to continue in the hiring process, in violation of the Immigration and Nationality Act (INA).

    The investigation, initiated based on a worker’s complaint, revealed Themesoft engaged in citizenship status discrimination against an asylee by refusing to process his application because he was not a lawful permanent resident, U.S. citizen, or H-1B visa holder. Asylees have permanent work authorization, like U.S. citizens, refugees, and lawful permanent residents, so employers are generally prohibited from discriminating against them based on their citizenship status. The investigation also revealed Themesoft requested specific immigration documentation from the worker because of his citizenship or immigration status even though the INA’s anti-discrimination provision prohibits such conduct.

    Under the settlement agreement, Themesoft will pay $12,000 in back pay to the Charging Party and offer him employment; $4,543.25 in civil penalties for the alleged citizenship status discrimination and the unfair documentary practices; post notices informing workers about their rights under the INA’s anti-discrimination provision; train its Human Resources personnel on their legal obligations to not discriminate by viewing a free online IER Employer/HR Representative webinar presentation and reviewing the M-274 Handbook for Employers; review and revise, as necessary, any existing employment policies that relate to nondiscrimination based on traits or characteristics protected by law; for the next three years, provide the most current version of the Form I-9 Lists of Acceptable Documents to individuals in the same manner as it provides them with the Form I-9 to complete; and be subject to departmental monitoring and reporting requirements for three years.
  2. Immigration Court Cases Currently Involve More Long-Time Residents

    by , 04-23-2018 at 09:12 AM (Matthew Kolken on Deportation And Removal)
    Via Syracuse University's TRAC:

    Over time, immigration enforcement priorities have varied, as have the ebb and flow of illegal entrants, visa over-stayers, and asylum seekers. Using the court's records on the date of entry of each individual, TRAC calculated the period of time between the entry date and the date of the notice to appear (NTA) that imitated the court case.

    The typical or median length of stay has varied a lot during the period from October 2000 through March of 2018. This typical length of stay - half were less, half were more - varied between almost 5 years down to 0.0 - this is, most had just arrived. Average lengths of stay was somewhat longer than median stays. This is because the average can be skewed upward by a small proportion of individuals who had been in the country for long periods of time.

    These results are plotted in the time series graph at Figure 2. Here the average length of stay is depicted by the bars, while the lower orange line that is superimposed on the bars represents the median years of stay. The upper dark line that usually appears above the bars shows how long the minimum length of time was for the top quarter of all cases. That is, 25 percent of the cases had been in the country this long or longer at the time their cases began.

    Figure 2. Length of Stay in U.S. before Immigrant Court Cases Began, October 2000 - March 2018

    Click here for the full report.
  3. Letters of the Week: April 23 - April 27

  4. SCOTUS to Hear Arguments on When Time Stops Cutting off Cancellation of Removal Eligibility

    by , 04-23-2018 at 08:48 AM (Matthew Kolken on Deportation And Removal)
    Today the Supreme Court will hear arguments on the case of Pereira v. Sessions.

    The question presented is: "Whether, to trigger the stop-time rule by serving a“notice to appear under section 1229(a),” the government must “specify” the items listed in § 1229(a)’s definition of a “notice to appear,” including “[t]he time and place at which the proceedings will be held.”

    Click here for full SCOTUS Blog coverage.

    Updated 04-23-2018 at 08:52 AM by MKolken

  5. Trump's "Breeding" Tweet Dehumanizes Immigrants, Echoing White Supremacists and Nazis. But DHS Chief Won't Criticize Her Boss. Roger Algase

    The following is a revised version, as of 9:56 am on April 22, of my comment which was originally posted on April 21.

    On April 18, Donald Trump issued a tweet which not only hit a new low point in his racial attacks on immigrants but contained disturbing echoes of Nazi anti-Jewish propaganda as well as "American as apple pie" style white supremacy. The tweet, as has been widely reported, was as follows:

    "There is a revolution going on in California Soooo many Sanctuary areas want OUT of this ridiculous crime infested & breeding concept. Jerry Brown is trying to back out of the National Guard at the border, but the people of the State are not happy. Want Security and Safety now."

    As in the case of many of Trump's other exercises in anti-immigrant demonization, the word "breeding" in this tweet appears to be ambiguous. It could refer, as the White House later claimed, only to "breeding" crime.

    But there is a darker and more ominous reference, namely to the of Mexican and other dark-skinned immigrants breeding too many children and thereby threatening America's white majority..

    According to the Southern Poverty Law Center (SPLC) and CNN, this is exactly the charge that Dan Stein, the head of one of today's most active and best known anti-immigrant groups, FAIR (Federation for Immigration Reform) made when he accused immigrants of "competitive breeding" in a 1997 WSJ interview, among the many other statements he has been reported as making accusing immigrants of undermining white "civilization" in America: See



    Stein is far from the only immigration opponent in America today using dehumanizing ways of referring to immigrants. Dana Milbank, in an April 20 Washington Post article, quotes two present Republican Congressmen, Jeff Duncan (R-SC) and Steve King (R-Iowa) as also making remarks comparing immigrants to animals. See:

    Is it a coincidence that Trump uses the language of white supremacy?

    (I do not have a working link to this article - please use Google to access.)

    Even more ominously, Milbank also mentions the following example of Nazi propaganda against the Jews. whom the Nazis described as"

    "... the product of the inbreeding of asocial, criminal, degenerate and rejected elements..."

    While Trump of course does not support antisemitism or genocide in any form, any statement implying that Hispanic or any other groups of non-white immigrants are "breeding", with all of that word's connotations of animal reproduction, should be taken with a great deal of concern.

    If Trump does not look at a particular group of immigrants as fully human, what kind of immigration policies can we expect from his administration? Without undue cynicism, one could answer that we might expect an anti-immigrant agenda very similar to the one which the Trump administration is now pursuing in order to reduce the number of nonwhite immigrants of every category - including legal as well as unauthorized immigration.

    There is, however, one context in which the term "breeding" had a positive connotation for the Nazis, namely in the "Lebensborn" program which was designed to "breed" "racially superior" children. Ironically, the biggest Nazi Lebensborn birth center was located in German-occupied Norway.

    There is no reason, of course, to think that Trump was aware of this when he made his infamous January 11 statement that he wanted America's immigrants to come from "Countries like Norway" instead of from what he called the "shithole countries" of Africa, Central American and the Caribbean.

    It is, however, disappointing to say the least, that Trump's DHS chief, Kirstjen Nielsen, whose name coincidentally suggests Norwegian ancestry, allegedly tried to convince a Senate committee at her conformation hearing that she did not know that Norway was mainly a white country!

    Nielsen also pointedly refused to speak out against Trump's latest "breeding" slur against immigrants who, we can be quite sure, are not from "Countries like Norway."

    How sensitive to the basic human, constitutional and statutory rights of non-white immigrants, whether they are applying for legal visas or green cards, or whether they are in the US without legal status, can we expect DHS policies to be under Nielsen's stewardship in Donald Trump's America?

    Roger Algase
    Attorney at Law

    Updated 04-22-2018 at 05:33 PM by ImmigrationLawBlogs

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