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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

  4. 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.
  5. 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.
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