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  1. Islamophobic Party Wins Austrian Election; May Partner With Party Founded by Ex-Nazis. A Warning for U.S.? Roger Algase

    Sebastian Kurz, the 31-year old leader of the right wing Austrian Peoples Party, has been elected as the next Chancellor of Austria, largely by exploiting fears and animosity against Muslim refugees. His election has raised fears that he may partner with an even farther right wing party with even more extreme anti-Muslim right wing views, the Freedom Party, which was originally founded by ex-Nazis (real ones, not "Neo-Nazis" such as the ones who demonstrated in Charlottesville) in order to form a new government in Austria.

    The possibility that the two right wing parties, which came in first and second in the election by trying to outdo each other in promising harsh action to close Austria's borders to Muslim immigrants, might join together to form a government, was worrying to the leaders of Jewish organizations in particular, given that country's past history.

    Ronald S. Lauder, president of the World Jewish Congress, issued the following statement regarding the Freedom Party's anti-Muslim immigrant platform:

    "It is sad and distressing that such a platform should receive more than a quarter of the vote and become the country's second party...It is still full of xenophobes and racists and is, mildly put, very ambiguous toward Austria's Nazi past. My only hope is that they won't end up in government."

    http://www.npr.org/sections/parallel...new-chancellor

    Donald Trump also won power in large part by exploiting fear and prejudice against Muslim immigrants. His administration is still fighting in the Supreme Court and other federal courts for the power to ban almost all immigration from a number of almost 100 percent Muslim countries, using constantly shifting pretexts ("terror sponsorship", replaced by "extreme vetting") for the ban.

    Trump is also escalating his rhetoric and executive orders to try to exclude more and more non-white immigrants from every part of the world through his support of the heavily Eurocentric RAISE Act.

    Most recently, he has also launched an assault against family immigration, which benefits legal immigrants who are mainly from Asia, Latin America and the Caribbean, and which Trump refers to by the same derogatory term "Chain Migration" favored by the Alt-Right, Neo-Nazis and other American white supremacists.

    http://thehill.com/latino/355654-tru...tion-proposals

    For an example of the use of ​"Chain Migration" as a pejorative term referring to family immigration by non-European immigrants, see the following article in the publication American Renaissance, which the Southern Poverty Law Center has identified as having been associated with white supremacist and white nationalist views, See:

    https://www.amren.com/news/2017/09/i...ain-migration/

    and

    https://www.splcenter.org/fighting-h...an-renaissance

    Could the Austrian election be a warning of the direction in which America could be heading - in which the same kind of bigotry against minority immigrants becomes the country's governing policy in the US as is now taking place in that central European one, with all of its dark history from the not-so-distant past?

    And if this happens, will America's democracy be strong enough to survive the effects of a government based on a foundation of racial and religious discrimination, such as that which led to the extinction of freedom in Europe within the living memory of many people today, and which many people are worried could happen again in the near future?

    Roger Algase
    Attorney at Law

    Updated 10-16-2017 at 11:01 PM by ImmigrationLawBlogs

  2. Call for Reforms to Deeply Flawed Immigration Detention System

    by , 10-16-2017 at 07:14 PM (Matthew Kolken on Deportation And Removal)
    For Immediate Release
    Oct. 16, 2017
    Contact: Rebecca Bryant (SMITH), 202-225-8901 rebecca.bryant@mail.house.gov
    Omer Farooque (JAYAPAL), 202-450-0088, omer.farooque@mail.house.gov

    Representatives Smith and Jayapal Call for Reforms to Deeply Flawed Immigration Detention System

    SEATTLE – Today, Congressman Adam Smith (WA-09) and Congresswoman Pramila Jayapal (WA-07) convened local stakeholders in support of the Dignity for Detained Immigrants Act to dramatically reform the injustices in our current immigration detention system. At present, the detention system is driven by private, for-profit corporations that benefit from increased detention efforts, like the GEO Group which operates the Northwest Detention Center in Tacoma, Washington. This bill moves to end the use of private facilities; repeal mandatory detention; and restore due process, oversight, accountability and transparency to the immigration detention system.

    “We must fix the injustices in our broken immigration detention system,” said Congressman Adam Smith. “As the Trump administration continues to push a misguided and dangerous immigration agenda, we need to ensure fair treatment and due process for immigrants and refugees faced with detention. This legislation will address some of the worst failings of our immigration policy, and restore integrity and humanity to immigration proceedings.”

    “The high moral cost of our inhumane immigration detention system is reprehensible. Large, private corporations operating detention centers are profiting off the suffering of men, women and children. We need an overhaul,” said Congresswoman Jayapal. “It’s clear that the Trump administration is dismantling the few protections in place for detained immigrants even as he ramps up enforcement against parents and vulnerable populations. This bill addresses the most egregious problems with our immigration detention system. It’s Congress’ responsibility to step up and pass this bill.”

    In addition to repealing mandatory detention, a policy that often results in arbitrary and indefinite detention, the legislation creates a meaningful inspection process at detention facilities to ensure they meet the government’s own standards. The bill requires the Department of Homeland Security (DHS) to establish legally enforceable civil detention standards in line with those adopted by the American Bar Association. With disturbing track records of abuse and neglect, DHS has a responsibility to ensure that facilities are held accountable for the humane treatment of those awaiting immigration proceedings.

    Individuals held in our immigration detention system are subject to civil law, but are often held in conditions identical to prisons. In many cases, detained people are simply awaiting their day in court. To correct the persistent failures of due process, the legislation requires the government to show probable cause to detain people, and implements a special rule for primary caregivers and vulnerable populations, including pregnant women and people with serious medical and mental health issues.

    “The immigrant detention and prison industrial complex breaks down the mental, emotional, and psychosocial development of our communities in various ways. I saw this firsthand when my family member was detained. I believe the Dignity for Detained Immigrants Act provides transformative provisions that we have been working toward, to move the immigrant rights movement forward,” said Yvette Maganya, a OneAmerica youth leader and the niece of a survivor of the Northwest Detention Center. “I’ve seen the toll detention conditions have in our community. Our communities are being jailed in inhumane conditions with no accountability. Often they are jailed not because of what they did, but to fulfill cruel, arbitrary quotas. It is wrong to jail immigrants indefinitely with no accountability or oversight. This is why we need the Dignity for Detained Immigrants Act.”

    “We are grateful for the leadership of Representatives Smith and Jayapal in ensuring that the rights and dignity of all peoples are respected. NWIRP supports the Dignity for Detained Immigrants Act of 2017 that they have introduced and see it as a critical step toward making our immigration detention system more humane and more consistent with fundamental American values,” said Jorge L. Barón of Northwest Immigrant Rights Project.

    “The Dignity for Detained Immigrants Act is a crucial piece of legislation that introduces a wave of accountability that we desperately need. This officially puts the federal government on notice that we will no longer tolerate the rampant disregard for human life,” said Victoria Mena of Colectiva Legal del Pueblo.

    “Today, we’re facing an extremist expansion of our immigration detention system, which makes the Dignity for Detained Immigrants bill even more imperative. We have continually seen the ways in which conditions in the detention center and the traumatic experience of being detained deters people from fighting their cases. We stand in strong support of this important piece of legislation that sets a new, humane vision to reform our flawed immigration detention system,” said Roxana Norouzi of immigrant rights organization OneAmerica.

    The Dignity for Detained Immigrants Act is cosponsored by 60 members of Congress: John Conyers Jr. (MI-13), John Lewis (GA-5), Louise Slaughter (NY-25), Jose Serrano (NY-15), Maxine Waters (CA-43), Eleanor Holmes Norton (D.C.), Jerrold Nadler (NY-10), Luis V. Gutiérrez (IL-4), Lucille Roybal-Allard (CA-40), Bobby Rush (IL-1), Nydia M. Velázquez (NY-7), Lloyd Doggett (TX-35), Sheila Jackson Lee (TX-18), Zoe Lofgren (CA-19), Elijah E. Cummings (MD-7), Earl Blumenauer (OR-3), Danny K. Davis (IL-7), James P. McGovern (MA-2), Barbara Lee (CA-13), Grace Napolitano (CA-32), Jan Schakowsky (IL-9), Betty McCollum (MN-4), Raúl Grijalva (AZ-3), Gwen Moore (WI-4), Steve Cohen (TN-9), Keith Ellison (MN-5), Henry C. “Hank” Johnson Jr. (GA-4), André Carson (IN-7), Chellie Pingree (ME-1), Jared Polis (CO-2), Mike Quigley (IL-5), Judy Chu (CA-27), Ted Deutch (FL-22), Bill Foster (IL-11), David N. Cicilline (RI-1), Suzan DelBene (WA-1), Donald M. Payne Jr. (NJ-10), Colleen Hanabusa (HI-1), Joaquin Castro (TX-20), Hakeem Jeffries (NY-8), Joseph P. Kennedy III (MA-4), Mark Pocan (WI-2), Mark Takano (CA-41), Marc Veasey (TX-33), Katherine Clark (MA-5), Mark DeSaulnier (CA-11), Ruben Gallego (AZ-7), Brenda Lawrence (MI-14), Ted Lieu (CA-33), Kathleen M. Rice (NY-4), Bonnie Watson Coleman (NJ-12), Dwight Evans (PA-2), Nanette Diaz Barragán (CA-44), Adriano Espaillat (NY-13), Ro Khanna (CA-17), Jimmy Panetta (CA-20), Jamie Raskin (MD-8), Jimmy Gomez (CA-34).

    The legislation is also supported by 52 civil society organizations: American Civil Liberties Union (ACLU), Asian Americans Advancing Justice - AAJC, Asian Pacific Institute on Gender-Based Violence, Capital Area Immigrants' Rights Coalition, Center for Community Change, The Center for Victims of Torture, Church Council of Greater Seattle, Church World Service, Colectiva Legal del Pueblo, Columbia Legal Services, Community Initiatives for Visiting Immigrants in Confinement (CIVIC), DC Coalition Against Domestic Violence, Democracy for America, Detention Watch Network, Entre Hermanos, FIRM, Grassroots Leadership, Human Rights First, Human Rights Watch, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, Immigration Equality Action Fund, Indivisible Vashon, Just Detention International, Lutheran Immigration and Refugee Service, Make the Road CT, Make the Road New York, Make the Road NJ, MoveOn.org Civic Action, National Asian Pacific American Women’s Forum (NAPAWF), National Center for Transgender Equality, National Coalition Against Domestic Violence, National Immigrant Justice Center, National Immigration Law Center, National Korean American Service & Education Consortium (NAKASEC), National LGBTQ Task Force Action Fund, National Network to End Domestic Violence, Northwest Immigrant Rights Project, OneAmerica, Our Revolution,Refugee and Immigrant Center for Education and Legal Services (RAICES), South Asian Americans Leading Together (SAALT), Southeast Asia Resource Action Center (SEARAC), Southern Poverty Law Center, Tacoma Migrant Justice, Tahirih Justice Center, United We Dream, Wallingford Indivisible, Washington Community Action Network, Washington Defender Association, The Washington Immigrant Solidarity Network, Women’s Refugee Commission, 21 Progress, Asian Counseling and Referral Service.

    ###
  3. Letters of the Week: October 16 - October 22

  4. California’s New Law Requiring Employee Notification of ICE Audits and More

    By: Bruce Buchanan, Sebelist Buchanan Law

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    The State of California has a new law, “The Immigrant Worker Protection Act” (AB 450), which requires employers to notify its employees by written notice within 72 hours of Notice of Inspection (NOI) of I-9 records and to notify its employees, individually, of the results of the I-9 audit by Immigration and Customs Enforcement (ICE) within 72 hours of receiving the results of the NOI. Concerning these notifications, the Labor Commissioner is required to develop a template.

    The new California law also requires ICE agents to provide a judicial warrant to employers to access non-public portions of worksites. Thus, employers may not simply consent for ICE to have access to non-public portions of the worksite. The new law does not restrict ICE from providing a NOI to an employer demanding the employees’ I-9 forms within three days of service of the NOI and the employer being required to honor it. Additionally, employers are prohibited from sharing confidential employee information, such as Social Security numbers, unless required to do so in a NOI or provided a judicial warrant.

    The penalty for a first offense is $2,000 to $5,000 and for each subsequent violation - $5,000 to $10,000. The enforcement of these penalties is under the exclusive authority of the Labor Commissioner or California Attorney General. Thus, employers or employees may not seek enforcement of the statute.

    The question that I have with this legislation is whether any of it is preempted under federal law, Immigration Reform and Control Act (IRCA). Under federal law, when ICE wants to inspect an employer’s I-9 forms, it issues a Notice of Inspection and usually an administrative subpoena. I don’t believe the portions of the legislation concerning notifying workers would be preempted by federal law. It’s unclear whether restricting access to non-public portions of the worksites is preempted.

    I will keep you updated on any litigation over this new state law. For a review of all employment and immigration-related state laws and other issues 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.
  5. Press Conference Calling for Reforms to Broken Immigration Detention System

    by , 10-16-2017 at 08:16 AM (Matthew Kolken on Deportation And Removal)
    Media Advisory -- For Planning Purposes
    October 16, 2017
    Contact: Rebecca Bryant (SMITH), 202-225-8901, rebecca.bryant@mail.house.gov
    Omer Farooque (JAYAPAL), 202-450-0088, omer.farooque@mail.house.gov

    Smith, Jayapal to Hold Press Conference Calling for Reforms to Broken Immigration Detention System

    WASHINGTON, D.C. – On Monday, October 16, Representatives Adam Smith (WA-09) and Pramila Jayapal (WA-07) will host a press conference on their recently introduced Dignity for Detained Immigrants Act, legislation to reform systemic problems in our immigration detention system.

    The current detention system is inhumane, unjust and driven by private, for-profit corporations. The Dignity for Detained Immigrants Act will end the use of private facilities and repeal mandatory detention, while restoring due process, oversight, accountability and transparency to the immigration detention system.

    Who:

    • Rep. Adam Smith (WA-09)
    • Rep. Pramila Jayapal (WA-07)
    • Jorge L. Barón, Northwest Immigrant Rights Project
    • Roxana Norouzi, OneAmerica
    • Victoria Mena, WA Immigrant Solidarity Network / Colectiva Legal del Pueblo
    • Yvette Maganya, OneAmerica Youth Leader, niece of a survivor of the Northwest Detention Center


    When: Monday, October 16, 2017, 1:00 – 2:00 pm

    Where: Northwest Immigrant Rights Project
    615 2nd Ave, 1st floor atrium, Seattle, WA 98104

    The press conference will be streamed live via Rep. Smith here and Rep. Jayapal here.

    Media interested in attending the press conference are requested to RSVP to Rebecca Bryant with Rep. Smith at rebecca.bryant@mail.house.gov or Omer Farooque with Rep. Jayapal at omer.farooque@mail.house.gov.

    ###
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