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Recent Blogs Posts

  1. A solution to the stalemate on a permanent fix for DACA participants. (Article was posted previously.)

    Trump, Dems can solve the DACA problem by redefining it
    By Nolan Rappaport



    © Greg Nash

    President Donald Trump and Republican congressmen have been trying unsuccessfully to cut a deal with the Democrats that would provide lawful status for the undocumented aliens in the Deferred Action for Childhood Arrivals (DACA) program.

    The negotiations have seemed promising sometimes, such as when Trump offered a legalization program for 1.8 million undocumented aliens with his Framework on Immigration Reform & Border Security, but the Democrats would not agree to the concessions he was demanding in this four-pillar proposal.

    hope the Democrats are not holding out for a DREAM Act like the American Hope Act of 2017, which would have legalized millions of undocumented aliens who came to America as children. I call it “The False Hope Act” in a previous article I wrote about it.


    DREAM Acts have been pending since 2001. The Democrats could have passed one during Barack Obama’s administration. From January 2009 to January 2011, they had a strong majority in the House, and until Scott Brown’s special election in 2010, a filibuster-busting majority in the Senate. But they chose not to do it.

    It might be more productive at this point to put negotiations about DACA and DREAM Acts aside and try a different approach. My suggestion is to work on creating a place in the Special Immigrant Juvenile (SIJ) program for the DACA participants.
    This little-known humanitarian program makes lawful permanent resident (LPR) status available to undocumented alien children in the United States who have been abused, abandoned, or neglected by one or both parents and who should not be returned to their own countries.

    The SIJ Program

    Read more at http://thehill.com/opinion/immigrati...-redefining-it

    Published originally 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.





  2. Report Reveals that From 2009 to 2014 CBP was Abusing Immigrant Children

    by , 05-23-2018 at 02:07 PM (Matthew Kolken on Deportation And Removal)
    Via the ACLU:

    Documents obtained by the American Civil Liberties Union featured in a new report released today show the pervasive abuse and neglect of unaccompanied immigrant children detained by U.S. Customs and Border Protection. The report was produced in conjunction with the International Human Rights Clinic at the University of Chicago Law School.

    The report is based on over 30,000 pages of documents dated between 2009 and 2014. The documents were obtained by the ACLU Foundation of San Diego & Imperial Counties and the ACLU Foundation of Arizona through a Freedom of Information Act lawsuit co-counseled with Cooley LLP. The documents feature numerous cases of shocking violence and abuse against migrant children, many of whom arrived in the United States fleeing violence in their home countries.


    Examples of the documented abuses include allegations that CBP officials:

    • Punched a child’s head three times
    • Kicked a child in the ribs
    • Used a stun gun on a boy, causing him to fall to the ground, shaking, with his eyes rolling back in his head
    • Ran over a 17-year-old with a patrol vehicle and then punched him several times
    • Verbally abused detained children, calling them dogs and “other ugly things”
    • Denied detained children permission to stand or move freely for days and threatened children who stood up with transfer to solitary confinement in a small, freezing room
    • Denied a pregnant minor medical attention when she reported pain, which preceded a stillbirth
    • Subjected a 16-year-old girl to a search in which they “forcefully spread her legs and touched her private parts so hard that she screamed”
    • Left a 4-pound premature baby and her minor mother in an overcrowded and dirty cell full of sick people, against medical advice
    • Threw out a child’s birth certificate and threatened him with sexual abuse by an adult male detainee.


    Click here to read the report.

    #ThanksObama

    Updated 05-23-2018 at 02:42 PM by MKolken

  3. Trump Again Demonizes Children and Other Latino Immigrants as "MS-13 Members"; Attacks "Worst Immigration Laws" for Helping "Animals". Roger Algase

    Update, May 23, 9:57 pm:

    This is an extract from Trump's demagogic May 23 MS-13 "Roundtable", according to the White House official transcript. After emotional speeches by the parents of two MS-13 gang victims, Trump stated:

    "Their beautiful daughters, Kayla and Nisa, were murdered by MS-13 gang members, many of whom exploited glaring loopholes - and we have the biggest loopholes of any country anywhere in the world. We have the worst immigration laws of any country anywhere in the world. But they exploited the loopholes in our laws to enter the country as unaccompanied alien minors. They look so innocent; they're not so innocent."


    https://www.whitehouse.gov/briefings...n-bethpage-ny/

    This is not only a vicious attack on Central American unaccompanied children who are fleeing from gang violence in their countries, not participating in it, but it also implies that America's entire immigration system is rotten - the worst in the world.

    This goes far beyond the issue of gang violence, and strikes at the foundation of the entire non-discriminatory immigration system which America has had for the past 50 years - a system which Trump has consistently attacked because it enables immigration not only from Europe, as was the case before 1965, but from what Trump calls "shithole countries" because their citizens have darker skins, not white ones as in Trump's preferred "Countries Like Norway".

    This latest Roundtable was only about dealing with criminal gangs on the surface. Its real purpose was to stir up more hatred against non-white immigrants in general - and to take America back to the spirit of the bigoted "Nordics-only" 1924 "national origins" immigration act which Adolf Hitler (who also considered Jews and other Untermenschen to be less than human - i.e. like "animals") had such high praise for because of its racist foundations.

    My earlier comment follows:

    In his latest demagogic attempt to stigmatize and demonize all Latin American immigrants as criminals and gang members, Donald Trump is hosting a "Roundtable" in Bethpage, Long Island, New York with a group of evidently fawning, sycophantic, ICE, DOJ and local police officers focusing on MS-13. However, based on a few minutes watching the live video, which is ongoing as this is being written, it is clear that Trump is also trying to conflate MS-13 with the entirely separate issue of unaccompanied children showing up that the US border to try to escape from gang violence in Central America as if they were also criminals.

    I will update this comment as the "Roundtable" progresses. It can be watched on you tube by going to the Washington Post home page and following the link.

    Update, May 23 at 3:20 pm:

    After I watched one or two sycophantic speeches from local police officers praising Trump for his "great leadership" regarding MS-13, the mother of one of this gang's victims took the microphone and launched into an emotional speech which could only have the effect of arousing more hatred against all Latino immigrants, not only gang members.

    This of course, doesn't imply any lack of sympathy for her terrible loss, but one also has to wonder when Trump might be planning to hold a similar youtube Roundtable with the parents of the schoolchildren in Texas, Florida and other states who were murdered by gun violence.

    We should not hold our breath waiting for that Roundtable, since it would not provide the president with any chance to demonize and spread hatred against Latino and other non-white immigrants.

    When the victim's mother started to praise Trump for calling the gang members "animals" I had to stop watching. That is is enough dehumanization for one afternoon.

    Again, this is not to express any sympathy for the brutal, horrible MS-13 gang members. But the entire nation knows that, just as Trump used ISIS as an excuse to attack all Muslims, his focus on MS-13 is meant as an attack on all Latino, and by extension other non-white immigrants - who most studies show as having a lower crime rate than native born Americans.

    Don't expect Trump to mention this at any of his immigration Roundtables.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com




    Updated 05-24-2018 at 05:23 AM by ImmigrationLawBlogs

  4. The Trump Administration and the Rhetoric of Genocide

    If you go to the White House's official website, you will see this article: "What You Need To Know About The Violent Animals Of MS-13." The article claims that the "violent animals of MS-13 have committed heinous, violent attacks in communities across America." Indeed, the two-page article uses the term "animal" in reference to MS-13 gang members a total of 10 times. What to make of this?


    The path of dehumanization always ends at the same place.


    On the one hand, there is no doubt that MS-13 is a violent, criminal gang, that causes great misery in many communities, especially in Central America, but also in the U.S. I've met and represented many individuals who were victims of this gang. My clients have been attacked by machetes, shot, raped, threatened, and had family members murdered. For victims of MS-13, no language can adequately express their disgust and anger towards the gang.

    But here, we are not talking about victims. We are also not talking about over-heated pundits on cable news. We are talking about the United States government. And when the United States government, and our President, refers to people--even criminals--as "animals" that is not simply hyperbole. It is a dangerous step towards fascism and genocide. And I do not mean this in any metaphorical or rhetorical way. Dehumanizing people--even bad people--has historically been a first step towards mass murder.

    President Trump's characterization of MS-13 gang members as "animals" reminds me of the Rwandan government's rhetoric prior to the 1994 genocide. Tutsis were referred to as "cockroaches." At the time, Rwanda was involved in a civil war, which pitted the Hutu-majority government against the Tutsi-majority rebels. The Rwandan government had reasons to speak ill of Tutsi rebels, and certainly those rebels were no angels. However, the demonization and dehumanization of the enemy went well beyond the rebel soldiers--it extended to all Tutsis.

    In the same vein, perhaps the strong language against MS-13 can be justified. After all, many gang members have committed vicious crimes. But just as rhetoric against Tutsi rebels ultimately harmed innocent Tutsi civilians, the impact of the President's words will stretch well beyond members of the MS-13 gang. Here's more from the White House website--

    Recent investigations have revealed MS-13 gang leaders based in El Salvador have been sending representatives into the United States illegally to connect the leaders with local gang members. These foreign-based gang leaders direct local members to become even more violent in an effort to control more territory

    So does this mean that all people from El Salvador are suspect? Are they all "animals"? And when we are selecting people for dehumanization, how do we know where to stop? How do we know who is actually a member of the gang? What about people forced into the gang who are trying to escape, or people who simply look like gang members (whatever that means), or former gang members? Where is the due process in the dehumanization?

    And if you think that mere words are not dangerous, or they can be dismissed as "Trump being Trump," let's remember how the Nazis engineered the mass killing of millions of Jews and other "undesirables" during World War II. From the U.S. Holocaust Memorial Museum--

    Exploiting pre-existing images and stereotypes, Nazi propagandists portrayed Jews as an “alien race” that fed off the host nation, poisoned its culture, seized its economy, and enslaved its workers and farmers. This hateful depiction, although neither new nor unique to the Nazi Party, became a state-supported image

    The Nazis portrayed the Jews as a threat to the Fatherland. Jews were not people; they were aliens. There was even "evidence" for the threat: Some Jews were wealthy; others were Marxist. These vile stereotypes existed long before the Nazis, but when they were adopted by the German government, they led to genocide.

    In our own time, many commentators and activists have been dehumanizing non-citizens. These modern-day blood libels have always been disgusting and disgraceful. But when the President and the U.S. government get into the act, it raises the danger to a whole new level. And we are seeing that play out now, most recently in the government's decision to rip apart parents and children who arrive at the border seeking asylum (in many case from--ironically--MS-13). Could we tear families apart and separate children from their parents if we viewed these people as human beings? This is dehumanization in action, and the harm it will cause is very real.

    Let's not mince words about what is happening here. The White House, the President of the United States, and the U.S. government are referring to human beings as "animals." And when governments negate the humanity of people--even people deemed undesirable--it puts us on a path where the only destination is death. All of us have a responsibility to bring back humanity and decency to our country. Let us resolve to do what we can before it is too late.

    Originally posted on the Asylumist: www.Asylumist.com.
  5. DINNER AT AILA ANNUAL

    by , 05-23-2018 at 09:06 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    For the last several years a group of AILA lawyers who practice in healthcare have gotten together for a dinner on the Thursday of AILA Annual week. Most years we have about 15 people. It is a great chance to catch up with old friends (and new ones!). It is a casual event.

    If you are an AILA attorney who is interested in attending this year’s dinner, please let me know how many will be attending from your group. The deadline to register is June 1. Friends, spouses, etc. are also welcome.

    _____________
    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook, Twitter, and LinknedIn.
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