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  1. Bay Area Restaurants Fear ICE I-9 Audits

    By: Bruce Buchanan, Sebelist Buchanan Law

    Restaurants in the Bay area of California are on pins and needles fearful of Immigration and Customs Enforcement’s (ICE) continued assault on California due to California passing laws viewed by ICE as restricting their ability to find and detain undocumented individuals. As discussed in prior blogs, ICE has been very active in delivering Notices of Inspection (NOI)/subpoenas to California employers.

    In an article in San Francisco Chronicle,, Gwyneth Borden, executive director of the Golden Gate Restaurant Association, was quoted as stating “Everyone is fearing a day that ICE could show up at their doors.”

    When ICE conducts an I-9 inspection/audit, their agents show up at employer locations and serve a subpoena and NOI demanding the employer produce the I-9 forms of current employees, and often former employees, within three days of service. Often, these inspections are referred to as “silent raids” because they can have the same effect as a raid – loss of employees through ICE detention, terminations or quick abandonment of jobs.

    Nick Cobarruvias, co-owner of Son’s Addition, employs roughly 29 people at his restaurant. He said about two-thirds are immigrants. Cobarruvias said one employee recently failed to show up for work for several days. Both he and staff members tried contacting him to no avail. “It turned out he was picked up by ICE. Just wrong place, wrong time,” Cobarruvias said. “This is the new reality we’re dealing with. People talk about it like it’s theoretical, but this is really happening.”

  2. Immigration Judge Earle Wilson Repeatedly Finds that Victims of Rape Do Not Qualify for Asylum

    by , 04-24-2018 at 10:31 AM (Matthew Kolken on Deportation And Removal)
    Immigration lawyer Bryan Johnson reviewed the FY 2017 BIA remands and underlying decisions of Immigration Judge Earle Wilson. Judge Wilson sits on the immigration court in Atlanta Georgia, which have been infamously called the "lawless court" as a result of alleged pervasive deprivation of due process, and sexism. Judge Wilson has a 97.8 percent denial rate for asylum applications that he presided over between fiscal years 2012 through 2017.

    Click here to read excerpts from Judge Wilson's decisions denying asylum courtesy of Bryan Johnson.

    Updated 04-24-2018 at 11:13 AM by MKolken

  3. Trump's "Breeding Concept" Tweet Recalls Dark Period of White Supremacist "Eugenics Concept" Influence on the 1924 Immigration Act. Roger Algase

    Donald Trump's April 18 "Breeding Concept" tweet referring to Mexican and other mainly Hispanic immigrants in California, which I wrote about in my April 23 Immigration Daily comment, has continued to create a storm of public outrage, even as the White House refuses to explain exactly what the president meant by using this racially charged term.

    Instead, White House press secretary Sarah Huckabee Sanders argued that the word "breeding" could "mean a lot of things to a lot of people", even as DHS Secretary Kirstjen Nielsen repeated a favorite white nationalist phrase about the right of a "sovereign nation" to "defend its borders" (at a time when illegal border crossings are reportedly at one of the lowest levels in many years)!

    It may be true that the word "breeding" taken by itself could mean a number of different things, but it is much harder to make that argument when "breeding" is combined with the word "concept", as in Trump's tweet.

    In the light of US immigration history, "breeding concept" can mean only one thing: eugenics - the dark pseudo science of alleged racial superiority and inferiority which had such a great influence on the "national origins" immigration quotas of the 1924 Immigration Act excluding most immigrants who were not from the "Nordic" countries of northern Europe (which Trump, almost 100 years later, now refers to as "Countries like Norway').

    Eugenics itself is also known as the "Eugenics Concept" according to a 2008 US government National Institutes of Health article. See, Guvercin:

    Eugenics concept: from Plato to present:

    It is impossible to overlook or deny the huge influence that racist eugenics ideology has had, not only on the 1924 act (which Trump's attorney general, Jeff Sessions, lavishly praised in an "immigration Handbook" for Congressional Republicans which he published as a Senator in January, 2015, and which Adolf Hitler also praised nine decades earlier in Mein Kampf - see below).

    As the site lumen learning states in its scholarly article:

    Eugenics in the United States/Cultural Anthropology

    "The Immigration Restriction League was the first American entity associated officially with eugenics. Founded in 1894 by three recent Harvard University Graduates, the League sought to bar what it considered inferior races from entering America...

    The League
    allied itself with the American BREEDERS Association..." (Capital letters spelling added for emphasis)

    The above should make the background of Trump's "Breeding Concept" tweet just a little clearer than his press secretary was evidently aware of or willing to acknowledge.

    But this is by no means all there is in the way of background to Trump's tweet. There is much more.

    The same article goes on to explain:

    "With the passage of the Immigration Act of 1924, eugenicists for the first time played and important role in the Congressional debate as expert advisers on the threat of "inferior stock" from eastern and southern Europe."

    One might add that the 1924 Act's almost total ban against immigration by people of "inferior stock" extended not only to eastern and southern Europe, withthose areas' large Jewish and Catholic populations, but also to all non-white areas of the world (except for the "Western Hemisphere" countries which were not subject to quotas), including the entire areas of Asia, the Middle East and Africa.

    The 1924 annual US immigration quota for Germany, for example, was approximately 50,000 immigrants. For India, Japan and China, it was 100 immigrants for each country. No this is not a typographical error. I am not leaving out any zeros by mistake.

    And as the above article also mentions, the US eugenics movement (or "concept"!) had a great influence on the Nazi ideology which ultimately lead to the extermination of six million Jews in the Holocaust.

    This, of course, does not imply that Trump supports antisemitism or genocide - or course he does not. It only implied that words have great meaning and can have enormous consequences.

    While no one would assume that Trump is an expert on the history of eugenics or even of the 1924 immigration act, it is by no means unfair or inappropriate to suspect that when he uses racially loaded terms such as "breeding concept", h has been listening to certain powerful and influential immigration advisers are are only too well versed in this dark history, and are now, with the president's active cooperation, trying to bring as much of it as possible back to America's present.

    Roger Algase
    Attorney at Law

    To be continued.

    Updated 04-24-2018 at 03:41 PM by ImmigrationLawBlogs

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