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  1. Citizens will be subject to the new DHS social media searches too, not just aliens. By Nolan Rappaport

    Homeland Security searching some social media doesn't violate privacy.
    By Nolan Rappaport




    © Getty


    The Department of Homeland Security (DHS) has posted a new rule on the Federal Register which authorizes adding information from an alien’s social media sites to the files that are kept in his/her official immigration records, such as “social media handles, aliases, associated identifiable information, and search results.”

    The official immigration records are known as “A-Files.”

    The social media sites will be searched for information which pertains to granting aliens a visa or some other type of immigration benefit, and this almost certainly will lead to social media searches of the American citizens and lawful permanent residents who sponsor them.

    For instance, if a citizen files a visa petition to accord immediate relative status to his alien spouse, and information on the spouse’s Facebook site indicates that the marriage is a sham, DHS will search the citizen petitioner’s Facebook site for additional information to assist in determining whether the marriage really is a sham.


    But the most important reason is to identify terrorists, and this is the reason that prompted 26 senators to ask DHS to search social media sites after the San Bernardino terrorist attack.

    Social media sites provide a record of contacts with terrorist organizations.

    Read more at http://thehill.com/opinion/immigrati...iolate-privacy

    Published initially on The Hill.

    About the author.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.




    Updated 10-02-2017 at 05:34 PM by ImmigrationLawBlogs

  2. Letters of the Week: October 2 - October 8

  3. DOJ Files Complaint Alleging Discrimination Against U.S. Citizens

    By Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

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    The Justice Department, acting through Immigrant and Employee Rights Section (IER), has filed a Complaint against Crop Production Services Inc. (Crop Production) of Loveland, Colorado, for allegedly discriminating against U.S. workers in violation of the Immigration and Nationality Act (INA). In announcing the Complaint, Attorney General Jeff Sessions stated, “In the spirit of President Trump’s Executive Order on Buy American and Hire American, the Department of Justice will not tolerate employers who discriminate against U.S. workers because of a desire to hire temporary foreign visa holders.”

    The Complaint, filed with Office of Chief Administration Hearing Officer (OCAHO), alleges Crop Production discriminated against at least three U.S. citizens by refusing to employ them as seasonal technicians in El Campo, Texas, because Crop Production preferred to hire temporary foreign workers under the H-2A visa program. Additionally, the Complaint alleges Crop Production imposed more burdensome requirements on U.S. citizens than it did on H-2A visa workers to discourage U.S. citizens from working at the facility. For instance, the Complaint alleged that whereas U.S. citizens had to complete a background check and a drug test before being permitted to start work, H-2A workers could begin working without completing them and, in some cases, never completed them. The Complaint also alleged Crop Production refused to consider a limited-English proficient U.S. citizen for employment but hired H-2A workers who could not speak English. Ultimately, all of Crop Production’s 15 available seasonal technician jobs in 2016 went to H-2A workers rather than U.S. workers.

    Under the INA, it is unlawful for employers to intentionally discriminate against U.S. workers because of their citizenship status or to otherwise favor the employment of temporary foreign workers over available, qualified U.S. workers. In addition, the H-2A visa program requires employers to recruit and hire available, qualified U.S. workers before hiring temporary foreign workers. The Complaint seeks back pay on behalf of the workers, civil penalties, and other remedial relief to correct and prevent discrimination.

    This Complaint and Attorney General Sessions’ statement demonstrate the ability of the Trump administration to enforce Trump’s Executive Order - Buy American and Hire American. This is the second Complaint filed in two months alleging discrimination against U.S. citizens. I discussed the first Complaint against Technical Marine Maintenance Texas LLC in a prior blog post - http://blogs.ilw.com/entry.php?10034...tus-is-Unusual.

    For the answers to many other questions related to employer immigration compliance, I invite you to read my new book, The I-9 and E-Verify Handbook, which is available at http://www.amazon.com/dp/0997083379.
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