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  1. Texas Bill Could Allow Criminal Charges Against Police Who Do Not Comply With ICE Detainers, Putting America's Basic Freedoms at Risk. Roger Algase

    The Guardian reports that the Republican-dominated Texas legislature, apparently taking its cue from the Trump administration's harsh policies toward unauthorized immigrants and attempts to cut off funds for Sanctuary Cities, may be about to pass a bill which, according to the newspaper report:

    "...puts sheriffs and other police chiefs at rusk of criminal charges and other serious sanctions if they do not help the federal government enforce immigration laws by complying with requests to detain immigrants. There are also civil fines for non-cooperation by local entities including campus police departments."

    http://www.theguardian.com/us-news/2...ain-immigrants

    The Guardian also reports that in the face of protests against the bill by Democratic legislators, one of whom began a four day hunger strike, another of whom wept as she described her experience as a sexual assault survivor and warned that the proposed law would help criminals, and a third who described the fear and terror she went through as a young girl in a family of unauthorized immigrants, the Republican legislators reacted as follows:

    "...they strengthened the language of the bill to allow law enforcement to ask the immigration status of anyone who is merely detained - for example during a traffic stop - as well as arrested."

    Most ominous of all for those who care about traditional American family values and the welfare of children, the Republican majority:

    "...refused to pass amendments calling for exemptions for young children at school or people in domestic violence shelters."

    All Americans, whether living in Texas or not (and the same article reports that Texas is not the only state considering similar draconian immigration "enforcement" measures) need to think about what it means to live in a country where a state or local government may be able to pass a law so clearly intended to spread panic and dread in Latino and other minority communities, in the same manner that autocratic or totalitarian regimes did to their minority populations in much of the 20th century and are still doing in some places in the world today.

    America was founded in order to be a refuge from this type of persecution against unpopular minorities. Will it now become a country that, under color of law, openly engages in such inhumanity in the era of Donald Trump?

    And it is not only immigrants who could have reason to worry about the effect of the Trump administration's mass deportation agenda on the basic civil liberties and freedoms that Americans have been taking for granted in a democratic society up to now.

    Based on the above news report (as I have not seen the actual text of the Texas bill), American citizens, in this case, state sheriffs and other law enforcement officials, could be at risk of going to prison if they refuse to become participants in this agenda.

    When this is combined with Attorney General Jeff Sessions' warning that officials in Sanctuary Cities could be at risk of being prosecuted under INA Section 274 for refusal to cooperate with federal immigration enforcement activities such as sharing or maintaining immigration status information under 8 U.S.C. Section 1373, or honoring ICE detainer requests, it could turn out that American citizens may have as much, or even more, to fear from the new administration's policies as minority immigrants themselves.

    These policies may or may not be successful in bringing about the demographic changes in the ethnic makeup of America's population so evidently desired by some of Trump's inner circle of immigration advisers, such as Stephen Bannon. But these policies could result in the loss of freedom for the American people to dissent from or oppose whatever orders relating to immigration the president chooses to issue from the White House.
    __________________________________
    Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 35 years, Roger has been helping mainly skilled and professional immigrants from diverse parts of the world receive work visas and green cards.

    Roger's email address is algaselex@gmail.com




    Updated 04-28-2017 at 11:58 AM by ImmigrationLawBlogs

  2. Other Than Rhetoric Very Little Has Changed on Immigration

    by , 04-27-2017 at 12:29 PM (Matthew Kolken on Deportation And Removal)
    As the saying goes: Perception is reality.

    Via The Nation:

    "The media has played its own role in fanning the flames. Since Donald Trump entered the Oval Office, news reports have proliferated about rising raids, arrests, detentions, and deportations. These suggest that something new, terrifying, and distinctly Trumpian—something we’ve simply never seen before—is underway, including mass sweeps to deport individuals who would have been protected under the previous administration.

    The numbers tell a different story.


    A Washington Post scare headline typically read: “ICE Immigration Arrests of Noncriminals Double Under Trump.” While accurate, it was nonetheless misleading. Non-criminal immigration arrests did indeed jump from 2,500 in the first three months of 2016 to 5,500 during the same period in 2017, while criminal arrests also rose, bringing the total to 21,000. Only 16,000 were arrested during the same months in 2016. The article, however, ignored the fact that 2016 was the all-time-low
    year for arrests under President Obama. In the first three months of 2014, for example, 29,000 were arrested, far more than Trump’s three month “record.”

    And even though arrests went up during Trump’s first three months in office, deportations actually went down, mostly due to the fact that the number of immigrants crossing the border declined.

    To those who have been following deportation politics in this country, Trump’s policies, as they are now unfolding, have an eerie resonance. They seem to be growing directly out of policies first instituted in the presidencies of Bill Clinton and Barack Obama."

    Click here
    to read the full article.

    Updated 04-27-2017 at 01:01 PM by MKolken

  3. Under Trump 763 New Lawsuits Filed in Disputes Involving Immigration

    by , 04-27-2017 at 11:43 AM (Matthew Kolken on Deportation And Removal)
    Via Syracuse University's TRAC Immigration:

    According to the case-by-case court records analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, during March 2017 there were 318 new federal civil filings involving these immigration matters. This number is up 5.6 percent over the previous month when the number of civil filings of this type totaled 301. See Table 1.

    When monthly 2017 civil immigration filings are compared with those of the same period in the previous year, their number was up 40.5 percent. Civil filings for March 2017 are higher than they were for the same period five years ago. Overall, the data show that civil filings of this type are up 105.6 percent from levels reported in March 2012.



    TRAC also determined that:

    Nearly half (47%) of the 763 suits filed since January 20, 2017 were brought by individuals detained by Immigration and Customs Enforcement (ICE). These individuals sought release from their detention and/or a court order to prevent their deportation. Most of the remaining suits challenged government inaction. One third (33%) were mandamus suits to compel the federal government to act on visa or related applications. Another 8 percent sought a hearing or other action on naturalization applications.



    Click here for the full report.
  4. Trump Threatens to Break up 9th Circuit Over Sanctuary Cities Decision. Another Step Toward Authoritarian Rule in America? Roger Algase

    If history tells us anything at all, it is that dictators don't like independent courts and will do anything they can to crush them.

    See: Peter H. Solomon Jr.

    Courts and Judges in Authoritarian Regimes

    60 World Politics Number 1, p. 122 (2007)


    Available through Project Muse, University of California at Berkeley

    To access, go to Google or see the link below:

    Donald Trump, evidently outraged by the California Federal District Court (not Circuit Court) decision against him regarding his broad January 27 executive order cutting off all federal funds to sanctuary cities (not just funds related to immigration law enforcement - see my Immigration Daily comment for April 26) is now threatening to break up the 9th Circuit Court of Appeals in retaliation.

    Nothing could be more in the spirit of the above article.

    http://muse.jhu.edu/journals/wp/summ...1.solomon.html

    For the story about Trump's threat to break up the 9th Circuit Court, see:

    http://nymag.com/daily/intelligencer...h-circuit.html

    Meanwhile, contradicting the argument of his own Justice Department before the Federal District Court in San Francisco to the effect that Trump's January 27 Executive Order cutting off all funds for Sanctuary Cities was so narrow in scope that it in effect made no change in existing law, A.G. Jeff Sessions also weighed in against the Court's decision and continued his dark warnings that no one who has entered the US without permission will be safe from Trump's deportation dragnet.

    http://www.politico.com/blogs/under-...-cities-237668

    As Solomon's article shows in full detail, democracy cannot exist without independent courts, free to decide cases without interference from those in power.

    Is America's democracy on a collision course with the president's immigration agenda of mass exclusion, mass expulsion and, perhaps coming soon, judging from Sessions' repeated threats to step up immigration-related prosecutions, mass incarceration (including American citizens)?

    See: New York Immigration Coalition, April 13,

    Sessions Memo Threatens U.S. Citizens With Criminal Prosecution

    https://thenyic.org/PR/Sessions/41317
    _________________________________
    Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 35 years, Roger has been helping mainly skilled and professional immigrants from diverse parts of the world obtain work visas and green cards.

    Roger's email address is algaselex@gmail.com


    Updated 04-27-2017 at 05:55 PM by ImmigrationLawBlogs

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