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Whatever one wants to say about Donald Trump's latest two deportation and interior enforcement memos, including his plan to send asylum seekers from all countries, not just Mexico (ostensibly to wait in that country for US asylum hearings), one has to acknowledge that his plan is not without historical precedent.
(For a link to the memos, see the propublica.org article immidiately below.)
An article in propublica.org describes Trump's plan as follows:
"If present immigration trends continue, that could mean the United States would push hundreds of thousands of Guatemalans, Hondurans, Salvadorans, Brazilians, Ecuadorans, even Haitians into Mexico. Currently, such people are detained in the US and allowed to request asylum...
'This would say if you want to make a claim for asylum or whatever we'll hear your case but you are going to wait in Mexico,' a DHS official said."
How willing would Mexico be to accept all these non-Mexican asylum seekers? The above article continues:
"However, former senior Mexican and American immigration officials said it would very well create new security problems along the border, as authorities in each country push unwanted migrants back and forth...
Mexico is as likely to embrace the plan as it did the notion of paying for a wall. 'I would expect Mexico to respond with an emphatic "No," ' said Gustavo Mohar, a former senior Mexican immigration and national security policy official."
The above reference to pushing unwanted immigrants back and forth, recalls chilling memories of another group of unwanted people, Polish Jews, who were shunted back and forth between Germany and Poland during early stages of the Holocaust. A website based in the Czech Republic describes these events as follows:
After Poland cancelled the passports of all Polish Jews living in Germany and Austria because it didn't want them to return to Poland, and after talks between Germany and Poland failed,
"...the German foreign ministry handed the whole affair over to the Gestapo. which on 27 October 1938 started forcibly deporting Polish Jews over the border. In some places only the men were deported, since the Nazis expected that they would be joined by their wives and children all the same, while in other places women and children were deported as well.
How about that for an example of "family reunification"? The article continues:
"Those arrested included old people, some of whom died during deportation. There were also suicides. The arrested Jews were compelled, through threats and violence, to illegally cross the border with Poland. In all, approximately 17,000 people were expelled in this way."
And what was Poland's reaction? The article continues
"However, the Polish authorities refused to accept them, and so most had to live in for many long weeks in no man's land, or the Polish border area.".
The article goes on to describe how thousands of the deported Jews were forced to live in a Polish refugee camp before it was later disbanded and the Jews were finally allowed to reside in Poland. The article also states that the Nazis, after talks with the Polish authorities, also allowed a small group of Jewish men to return to Germany temporarily so that they could put their affairs in order.
Trump's administration might be more generous. A very few of the asylum seekers who can meet the stricter standards which Trump is also planning to impose may actually granted asylum by Trump's adjudicators or immigration court judges and allowed to return to live in the US. No one should expect the numbers of successful applications to be very large.
Trump, also, expects his administration to hold discussions with Mexico about his planned expulsion of Central American and South American immigrant to that country (just as Germany held discussions with Poland about the Jews) even though, according to USA Today (February 22) Mexico is vigorously resisting Trump's plan and is threatening to go to the United Nations to oppose it.
See: USA Today:
Mexico says no to Trump's new deportation rules
(I do not have a link - please go to Google to access this story.)
Is Germany's deportation of Polish Jews about to become the model for Trump's plans for hundreds of thousands of asylum seekers in America?
Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 35 years, he 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 firstname.lastname@example.org
Updated 02-23-2017 at 05:25 PM by ImmigrationLawBlogs
by Chris Musillo
The Department of Stateís Visa Bulletin guru, Charlie Oppenheim, hosts monthly meetings with the American Immigration lawyers Association. Charlie Oppenheim is the Department of Stateís Chief of the Control and Reporting Division. He is the officer who is responsible for producing the Visa Bulletin each month. This monthís Check In With Charlie featured predictions about EB2 and EB3 in most of the popular categories for readers of this Blog. Here are some of this monthís highlights:
Philippine EB-3 Ė As with last month, Charlie again offered his most optimistic predictions for this category. He said that he expects predicts future advancement at a pace of ďup to six months.Ē He expects that the Philippine EB-3 date should quickly move through 2012 and 2013, and quickly move into 2014. This is consistent with internal MU Law analysis, which sees this category progressing at least into 2013 by the summer of 2017.
India EB-2 Ė Charlie hopes that the India EB-2 category can progress at a pace of ďup to one month.Ē He cautions that an increase in EB-3 upgrades could slow the progression of India EB-2.
India EB-3 Ė There was no specific comment by Charlie. Mu Law expects that India EB-3 will progress at about the same 1-2 week rate as it has in prior months. The India EB-3 date may stall/stop in the summer of 2017, as the full allotment of numbers gets used. It will then recommence in October. This is normal. It happens every year. Read our FAQ on why the Visa Bulletin progression stops in August and September.
Worldwide EB-2 and EB-3 Ė EB-2 will remain current for the foreseeable future. Worldwide EB-3 will continue to move ahead steadily and be effectively current.
China EB-2 and EB-3 Ė These categories are the most difficult to predict because of the upgrade/downgrade phenomenon of EB-2 and EB-3. At present China EB-3 is 15 months ahead of EB-2.
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 and follow us on Twitter.
Lost in all of the Trump deportation hysteria is the fact that on February 20, 2017, a memorandum was issued by Department of Homeland Security Secretary John Kelly that specifically reinforces protections previously issued in favor of individuals benefiting from Deferred Action for Childhood Arrivals (DACA), as well as parents of United States citizens or lawful permanent residents (DAPA) by protecting them from deportation.
From the memorandum:
With the exception of the June 15, 2012, memorandum entitled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children," and the November 20, 2014 memorandum entitled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents," all existing conflicting directives, memoranda, or field guidance regarding the enforcement of our immigration laws and priorities for removal are hereby immediately rescinded- to the extent of the conflict-including, but not limited to, the November 20, 2014, memoranda entitled "Policies for the Apprehension, Detention and Removal of Undocumented Immigrants," and "Secure Communities."
It should be noted that the November 20, 2014 memorandum was enjoined by a U.S. District Court Judge.
What this means is that Trump has not revoked DACA, those who have it may continue to benefit from work authorization, and President Trump has extended protections from deportations to people with citizen or green card holding children and they should also not be at risk of being deported.
I can also attest to the fact that government lawyers have acknowledged in open court that their new directive from Headquarters relating to individuals with DACA, or that are DACA eligible is to agree to continuances as the individuals are not a priority for deportation.
There is always a silver lining.
Updated 02-22-2017 at 09:17 AM by MKolken
By Bruce Buchanan, Sebelist Buchanan Law
After pleading guilty to fraud in relation to H-1B visas, New York immigration lawyer Loreto Kudera, and his wife, Hazel Kudera, the owner of several medical staffing agencies, were sentenced to two years probation and fined $25,000 each. Previously, they had forfeited $1 million.
Hazel Kudera owned multiple staffing agencies in New York that specialized in providing nurses to hospitals, outpatient and skilled nursing facilities. According to the government, Hazel and Loreto Kudera submitted at least 100 fraudulent applications to authorities, and profited from filing fees collected from the nurses and from the health care facilities that paid Hazel Kuderaís staffing agencies.
Hazel and Loreto Kudera falsely stated that the foreign nurses would be working in specialty occupations at prevailing wage rates when in actuality they were going to work as licensed practical nurses (LPNs) or registered nurses (RNs) at much lower rates of pay.
As part of the alleged scam, Hazel Kudera falsified a staffing agreement between NYC Healthcare Staffing and Dewitt Rehabilitation listing job positions that did not exist, such as clinical coordinator and health care quality assurance manager, in order to cover up the false job titles she provided to USICS.
According to the UNHCR, the UN Refugee Agency, the United States has an exceptional history of welcoming refugees.
Since 1975, it has welcomed more than three million refugees for resettlement from all over the world. Nevertheless, despite the efforts of the United States and 29 other countries that accept refugees for resettlement, less than one percent of the worldís 21.3 million refugees are resettled.
The United States conducts its own vetting process to decide which refugees it will accept, and this is in addition to the screening UNHCR does on the refugees. The entire process is conducted abroad. It can take up to two years to complete, but the processing time has been severely reduced on at least one occasion.
The United States reduced the processing time to three months last year to meet President Barack Obamaís goal of resettling 10,000 Syrian refugees here by September 30.
And the value of security screening depends on the availability of information from a refugeeís country.
The threat of terrorism has caused many people to become suspicious of the refugees. In the minds of many Europeans, for instance, the current refugee crisis and the terrorism in the European Union are very much related to one another.
Read more at --
Published initially 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.