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Via Syracuse University's TRAC Immigration:
Over nine out of ten post-Trump cases rely on immigration charges as the basis for seeking a removal order. About 40 percent are for illegal entry, while 51 percent were for other immigration charges. The most common of these other types of immigration charges were for no "current valid immigrant visa," or simply "being present in the country in violation of the law." In only 2 percent of the cases were persons charged with having an aggravated felony, while an additional 6 percent were charged with participating in other types of criminal behavior. There were no terrorism charges, and just 3 cases where the individual was charged with a "national security violation."
While this pattern is not dissimilar to the pattern of charges observed in Immigration Court cases under President Obama, there has been a shift away from illegal entry as the grounds for seeking deportation and a rise in other immigration offenses, such as not currently having a valid immigrant visa which can occur if the person entered legally and then stayed beyond the period permitted under their visa.
Click here for the full report.
By Bruce Buchanan, Sebelist Buchanan Law PLLC
Two low-level Houston supervisors of Waste Management, Rudy Martinez and Israel Arquimides Martinez, were sentenced to over seven years in federal prison for stealing the identities of U.S. citizens and using them to hire more than 100 undocumented workers. The men both face deportation upon completion of their prison sentences.
The two men were convicted by a federal jury in April 2016 of 18 counts, including knowingly conspiring to employ unauthorized immigrants, encouraging them to reside in the U.S., and aggravated identity theft. Additionally, Rudy Martinez, was convicted of obstruction of justice by testifying falsely under oath and threatening a witness. Three higher ranking managers at Waste Management took plea deals and were called to testify by the prosecution.
The undocumented workers involved in the identity theft scheme worked at a site run by a Waste Management subcontractor. The workers were fired and then rehired in 2012 with other people's identities. Some of these workers, who face deportation, also testified about the hiring scheme.
This is another example of the potential for criminal liability if one knowingly hires many undocumented workers, especially where identity theft is used.
On April 3, significantly the first day of receiving H-1B cap subject petitions for the anticipated but not yet announced lottery for the 2018 fiscal year, USCIS instead of providing more information about the lottery or the processing of these petitions, issued an announcement entitled
Putting American Workers First: USCIS Announces Further Measures to Detect H-1B Visa Fraud and Abuse
The announcement is on the home page of the USCIS website.
While the actual details of the announcement may come as good news to thousands of law-abiding smaller and medium sized employers who may sponsor a few key H-1B employers each year, by focusing "fraud" investigations on the larger "H-1B dependent" companies and on the staffing agencies who use up a large percentage of these visas, the real message is in the above headline.
Continuing with its policy of branding Muslim immigrants as potential terrorists, as in the Muslim ban executive orders; and stigmatizing primarily Mexican and other Hispanic immigrants as criminals by publishing lists of criminal detainers refused by Sanctuary jurisdictions, and threatening to cut off their funding under INA Section 1373; the Trump administration is now continuing with its white nationalist anti-immigrant agenda by labeling high-skilled H-1B workers, most of whom are from South Asia, as agents of fraud who are "stealing" American jobs.
What does this say about the future of racial and religious equality for immigration policy in Donald Trump's America? Are we heading back toward the "Nordics"-only immigration regime of the 1924 Johnson-Reed Immigration Act faster than anyone except Stephen Bannon, Jeff Sessions and other Trump advisers who have supported that law could imagine?
Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. He has been helping mainly skilled and professional immigrants obtain work visas and green cards for more than 35 years.
Roger's practice is primarily concentrated in H-1B specialty occupation and O-1 extraordinary ability work visas, J-1 training visas, and green cards through labor certification (PERM) and though opposite sex or same sex marriage. His email address is email@example.com
Updated 04-09-2017 at 04:46 AM by ImmigrationLawBlogs
Some sanctuary cities provide municipal ID cards to undocumented aliens to make it easier for them to remain in the United States unlawfully.
For instance, the San Francisco Board of Supervisors passed an ordinanceon Nov. 20, 2007, authorizing the County Clerk’s Office to issue SF City ID Cards. This photo identification card streamlined access to government programs for undocumented alien residents and connected them to local businesses, e.g., by providing a form of identification that could be used to open a checking account at participating banks.
New York City also has a municipal ID card. It connects New Yorkers to services, programs, and benefits, regardless of immigration status.
Five days after President Trump’s election, Chicago Mayor Rahm Emanuel reiterated Chicago’s commitment to being a sanctuary city. He said, “Chicago has been a city of immigrants since it was founded.” He also announced that a Municipal ID program was being developed and provided a link to Chicago’s Office of New Americans which is intended “to make Chicago the most immigrant-friendly city in the world.”
On March 29, 2017, he introduced an ordinance to the ity Council to establish the promised municipal ID card because many vital services require proof of identity, and some populations have difficulty accessing official identification, such as undocumented immigrants. The ID card will provide them with access to city services, cultural institutions, programs, and other benefits. “This program represents our values and reaffirms that everyone is welcome in this city.”
In President Trump’s Executive Order 13768, Enhancing Public Safety in the Interior of the United States, he declares that “Sanctuary jurisdictions” that “willfully violate Federal law in an attempt to shield aliens from removal from the United States” have caused “immeasurable harm to the American people and to the very fabric of our Republic.” He intends to withhold federal funds from these jurisdictions, “except as mandated by law.”
This could cause serious financial problems for Chicago. In FY2016, Chicago received the second highest amount of federal funding in the country, $5.3 billion. Information is not available yet on how much of this funding would be subject to withholding.
Read more at http://thehill.com/blogs/pundits-blo...ary-cities-and
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. 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.
The classic sign of a police state is when law enforcement agencies are free to take any action and engage in any abuses without being subject to judicial supervision. We saw this taking shape in America in the form of violent raids and assaults against immigrants under President Obama, and there are now signs of increasing abuses in the Donald Trump administration.
salon.com reports on April 2 that on March 27, ICE agents raided a home in Chicago and shot and seriously wounded an unarmed man in front of eight family members, including a one-year old child. According to a statement by immigrant rights organizations:
"The Chicago ICE firld office and its Director, Ricardo Wong, have repeatedly planned and executed violent raids in homes, wotk places, churches, and locations where our communities are supposed to feel safe."
These assaults are not new with the Trump administration. The same article reports that on May 28, 2010, US border agents:
"...beat and tasered 42 year old San Diego resident Anastasio Hernandez Rojas to death while he was handcuffed and immobile on the ground, video evidence shows."
The salon.com article also states that in 2014, the American Immigration Council learned of more than 800 reports of abuse by Border Patrol and CNP agents against betwen 2009 and 2012.
So what is new about Donald Trump's raids?
What is new is that Trump, in a televised address to DHS after signing his draconian January 25 immigration enforcement executive orders, Trump in effect told CBP and ICE officers that all restraints are off in dealing with immigrants. See the link to the full speech in the above salon.com story.
This can only bring back memories of another police agency, established in Europe in the 1930's, which was also exempted from any restraints, had total control over local police, and was also known for its violent arrests and treatment of people whom the government regarded as undesirable.
In this regard it is worthy of note that Trump's chief immigration enforcer, A.G. Jeff Sessions, is now demanding control over local police in American Sanctuary Cities.
Is America now heading in the same direction?
Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. Roger has been helping mainly skilled and professional immigrants receive work visas and green cards for more than 35 years.
His email address is firstname.lastname@example.org
Updated 04-09-2017 at 05:11 AM by ImmigrationLawBlogs