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  1. On immigrant crime, Trump's right. Americans deserve more data. By Nolan Rappaport

    © Getty

    In his speech last night to a joint session of congress, President Donald Trump mentioned that he has “ordered the Department of Homeland Security (DHS) to create an office to serve American Victims. The office is called VOICE — Victims of Immigration Crime Engagement. We are providing a voice to those who have been ignored by our media, and silenced by special interests.”

    According to an article this month in Scientific American, immigration-crime research over the past 20 years has corroborated the conclusions of a number of early 20th century presidential commissions that found no backing for an immigration-crime connection. In fact, the literature demonstrates that immigrants commit fewer crimes, on average, than native-born Americans.

    But did the researchers have the information they needed to substantiate those conclusions?

    Read more at --

    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 the 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. He also has been a policy advisor for the DHS Office of Information Sharing and Collaboration under a contract with TKC Communications, and he has been in private practice as an immigration lawyer at Steptoe & Johnson.

    Updated 03-02-2017 at 12:11 PM by ImmigrationLawBlogs

  2. After Hinting at "Compromise" on Immigration, Trump Promises More Restriction and Repression in the Name of "Reform". Roger Algase

    In a move that recalls his announced "softer" line on immigration which suddenly vanished before his hard line address on August 31, 2016, which not only called for more deportations but for major reductions in legal immigration, Trump reportedly hinted to a group of reporters on February 28 that he might be open to a bill granting relief from deportation to some unauthorized immigrants if both sides were willing to compromise.

    Shortly afterward, that same evening, Trump gave a speech to Congress in which he repeated every element of his anti-immigrant agenda, in a performance which could only have made his white nationalist supporters even happier than before. For the full text of the speech, see:

    Here are the main points of Trump's speech regarding immigration, with a few of my own annotations:

    1) More immigration enforcement instead of "lawless chaos" (presumably under the previous president, who deported more immigrants than any other president in US history, and who might well be called "John the Baptist" for Trump's own mass deportation agenda).

    2) The "Great Wall" along the Mexican border (nothing, this time, about humiliating Mexico and the Mexican people by making Mexico "pay for the Wall").

    3) "Bad Ones" (English for "Bad Hombres", one can assume) are "going out". (No mention of Trump's recent raids, roundups, orders and memos providing for deportation of all 11 million unauthorized immigrants, regardless of whether they have any criminal records or not. No mention either of the fear and anxiety that this has caused in immigrant communities throughout the United States.)

    4) Improved "vetting" procedures to keep out terrorists. No one can argue with that in principle, but how many immigrants will be able to pass the super-strict ideological tests for admission to the US, many of which have nothing to do with weeding out terrorist sympathies or connections. which Trump contemplates in Section 4 of his January 27 Muslim ban order - a part of the order which has not been put on hold by the feferal courts? Trump also said nothing about his disastrous, failed attempt to keep out nearly 200 million immigrants from countries that just happen to be 99 per cent Muslim, with all the Constitutional issues it raised, as well as refugees from all over the world, in violation of America's deepest values and the most elementary principles of international law and basic humanity.

    5) "Reforming" legal immigration by "switching away" from "lower-skilled" to "merit-based" immigration in order to be "raise workers' wages" and "be guided by the well being of American citizens".

    Again, this may sound good in principle, especially in Trump's reference to following the lead of countries such as Canada, which has shown a much more welcoming attitude toward legal immigrants - including 40,000 extensively screened Syrian refugees (!) than the US. But in practice, and based on Trump's campaign proposals and those of his close immigration advisers and other Republican leaders, "merit based" immigration is just a euphemism for cutting down on family immigration.

    Reducing family immigration, much of which is from Latin America, Asia, Africa and the Middle East, is another linchpin in the white nationalist agenda of returning America's racial "balance" closer to what it was before the 1965 reform law which Trump and close advisers such as Jeff Sessions and Stephen Bannon have had such harsh words for prior to Trump's election.

    6) Setting up a new DHS office of Victims of Immigration Crime Engagement. This, and the emphasis that Trump placed in his speech on American victims of violent crimes committed by unauthorized immigrants, were merely the latest in Trump's many demagogic attempts to smear all immigrants as potential violent criminals and terrorists, and to stir up the passions and prejudices of Americans against immigrants in general.

    In summary, Trump's speech to Congress had a lot to like for those who would like to see America turn back toward the 1920's era policies of accepting immigrants from Europe only (and only certain favored parts of Europe), and not very much to like for America's immigrant communities and all Americans who are hoping to see this country continue on the path of diversity, welcome and equality for immigrants of all ethnic backgrounds, religions and national origins - the path that has made America truly great.
    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 obtain work visas and green cards.

    Roger's practice is focused in work visas through specialty occupations (H-1B) and extraordinary ability (O-1), as well as J-1 training visas. He also concentrates in green cards through labor certification and through opposite sex or same sex marriage. Roger's email address is

    Updated 03-12-2017 at 03:41 PM by ImmigrationLawBlogs

  3. Lawsuits Challenging the Jailing of Immigrants Jump

    by , 03-01-2017 at 06:20 AM (Matthew Kolken on Deportation And Removal)
    Figure 1. Habeas Corpus Filings in Federal District Court Challenging Confinement of Noncitizens

    Via Syracuse University's TRAC:

    Habeas corpus filings in federal courts challenging the confinement of noncitizens have risen sharply. The latest available data from the federal courts show that during January 2017 the government reported 168 new habeas corpus civil filings by noncitizens. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 24.4 percent over the previous month when the number of civil filings of this type totaled 135.

    Table 1. Habeas Corpus - Noncitizen Detainee Civil Filings
    Number Latest Month 168
    Percent Change from previous month 24.4%
    Percent Change from 1 year ago 57.7%
    Percent Change from 5 years ago 76.0%
    The comparisons of the number of civil filings for habeas corpus - noncitizen detainee-related suits are based on case-by-case court records which were compiled and analyzed by TRAC (see Table 1).

    When monthly 2017 civil filings of this type are compared with those of the same period in the previous year, their number was up (57.7%). Civil filings for January 2017 are also higher than they were for the same period five years ago. Overall, the data show that civil filings of this type are up 76.0 percent from levels reported in January 2012 (see Figure 1). The one-year and five-year change comparisons are based upon a six-month moving average so that natural fluctuations are smoothed out.

    Click here for the full report.

    Updated 03-01-2017 at 08:50 AM by MKolken

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