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  1. Trump Uses "National Security" as Excuse to End 1965 Racially Equal Immigration Law, Impoverish Middle Class and Advance Dictatorship. Roger Algase

    In his latest two immigration-related announcements, namely his brief December 16 address followed by a 68 page "National Security" memorandum released on December 18, Trump has escalated his strategy of using "National Security" as a pretext to unravel the landmark 1965 immigration reform law, based on acceptance of diversity and racial/religious equality, piece by piece, and bring back the Europeans only immigration ideology of the previous 1924 Johnson-Reed immigration act and 1890's Chinese exclusion laws.

    First, in the December 16 weekly address which I discussed in a different context in my comment appearing in the December 17 issue of Immigration Daily, Trump tried to label America's entire current immigration system, which is based in large part, but by no means entirely, on family immigration, as a danger to national security.

    This was continued in his National Security Memorandum, which contains a number of references to our current immigration system as being a "national security" threat and inconsistent with the "national interest."

    What is the purpose of trying to stigmatize entire classes of immigrants, such as the millions of people who have immigrated to the US legally in the past several decades under the visa lottery or as family-based immigrants, as dangers to national security without the slightest shred of evidence that this is true?

    And what does Trump mean by the "national interest" that is allegedly in danger under our current immigration system? As I will show in forthcoming comments, Trump's definition of the "national interest" regarding immigration, means admitting legal immigrants from European and other mainly white countries only, and shutting America's doors against immigrants from all other parts of the world.

    This is the only conclusion that can be drawn from Trump's opposition to family immigration and less skilled immigration, which have been enabled millions of immigrants from every part of the world to live and work in US legally for the half century; and his support for the RAISE Act.

    This latter proposal, under the guise of favoring "merit" based immigration (i.e. being white and English-speaking), would return to a Europeans-only immigration system similar to the one that America had for four decades beginning in 1924, until that system was abolished by the 1965 immigration reform law which Trump and his white nationalist supporters are now working so hard to destroy.

    To conclude with a comment which is admittedly beyond the scope of concerns with immigration law only, while Trump claims that his efforts to remake America's entire immigration system and take it back to the white supremacist ideology of the 1920's are part of an "America first" policy, the great majority of Americans, including millions of voters who heeded Trump's anti-immigrant siren song and put him in the White House because of his explicit and implied promises to reverse America's demographic trend toward a more racially and religiously diverse society, are now about to pay a terrible price in terms of passage of the Republican tax bill.

    This bill, with its huge tax giveaways to Trump's billionaire campaign donors such as the Koch brothers, will create enormous federal budget deficits which Trump and his supporters are already planning to make up by cutting back or eliminating Social Security, Medicare, Medicaid and other safety net programs on which most Americans, in one form or another depend.

    Then, America will become like the 1920's once again; not only in immigration policy, but in our entire society, with the super-wealthy on top and the great majority of Americans living a much more precarious existence than they do today.

    The only difference between now and the 1920's is that Trump is now attempting to make the broad authority and freedom from Constitutional restraints, which the courts have granted to the executive branch in immigration policy ever since the 1880's Supreme Court Chinese exclusion law cases, as a model for moving America closer to dictatorship in all aspects of our governmental and legal systems.

    But this topic is for another day.

    With the above thoughts, I wish all readers a very Merry Christmas, a Happy Hanukkah and a Happy New Year.

    Roger Algase
    Attorney at Law

    Updated 12-20-2017 at 10:35 AM by ImmigrationLawBlogs

  2. Employers Beware: ICE is Targeting Companies Who Hire Undocumented Workers

    By: Bruce Buchanan, Sebelist Buchanan Law

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    In mid-December, the federal government, through the U.S. Attorney’s office in Memphis and Immigration and Customs Enforcement (ICE), indicted 20 undocumented workers for using fake identification to get their jobs. These workers were employed at Expeditors International, a Memphis logistics company, and hired through a staffing agency, Provide Staffing Services.

    Robert Hammer, assistant special agent in charge with Homeland Security Investigations (HSI), a branch of ICE, stated the federal government is aggressively pursuing this case because the undocumented workers had access to a sensitive air cargo area at Memphis International Airport that required special clearance. “It is imperative for the safety and security of our airports, seaports and railyards that all individuals requiring this type of special vetting present valid and genuine identification documents in the hiring process,” he said.

    The U.S. Attorney for the Western District of Tennessee, Michael Dunavant, stated ICE plans to increase its focus on this type of criminal investigation in Tennessee throughout 2018. "Our enforcement strategy is going to be dual-pronged, focusing on both employers and the employees. According to the U.S. Attorney, no one with the companies that hired the workers has been indicted but the investigation is ongoing.

    If it is determined that the staffing company and/or Expeditors International had knowledge, actual or constructive, that the workers’ identification documents used in the I-9 work authorization process were fake, the companies and management would be subject to criminal prosecution by the federal government. It appears the federal government is taking this very seriously due to the workers’ access to a sensitive air cargo area that required special clearance.

    I expect ICE to continue to crackdown on employers’ use of undocumented workers in 2018. If you want a better understanding of the possible criminal and civil sanctions against employers within immigration compliance, I recommend you read my book, The I-9 and E-Verify Handbook, which is available at
  3. Seven Young Undocumented Immigrants Risk Deportation Remain in Jail on Hunger Strike

    by , 12-18-2017 at 04:10 PM (Matthew Kolken on Deportation And Removal)
    Media Contact: Lucia Allain 646-488-5919,;

    Seven Young Undocumented Immigrants Risk Deportation, Remain in Jail on Hunger Strike Following Arrest for Peaceful Demonstration in Congressional Offices Frida

    With their lives in limbo and time running out, undocumented youth take bold action to demand that Sen. Schumer (D-NY) and Rep. Curbelo (R-FL) ensure enough votes to block any year-end spending bill that does not include a Clean Dream Act.

    Washington, DC -
    Seven DACA beneficiaries and one ally were arrested Friday calling on leaders from both parties to ensure votes to pass a Clean Dream Act by the end of the year. They are now entering day 4 of incarceration and continue to be on a hunger strike. All eight have made a decision not share personal information with police and not cooperate until Sen. Schumer and Rep. Curbelo publicly confirm that they have the votes to block any spending bill that does not include a clean Dream Act. Until then, the DACA recipients and ally are willing to stay in jail. With every day, there is an increased risk of detention by Immigration and Custom Enforcement (ICE).

    “We have seen this before, empty promises from both political parties. I remember being in the Senate gallery in 2010 as members of both parties voted down the DREAM Act. We had assurances from Democratic leaders that they would whip the votes. We had sympatic meetings with Republicans who said they believe we deserve an opportunity,” recalled Juan Pablo Orjuela, a DACA recipient and friend of the incarcerated. “I am now standing outside of the jail where my friends were taken, where they are exposed to the deportation machine now under control of President Trump. DACA is no longer a protection for me, it is no longer a protection for the seven who are detained. Sen. Schumer and Rep. Curbelo have the power to assure the votes needed but instead of using it, they choose to delay and make empty promises. Sen Schumer, Rep Curbelo, will you continue to stand by as my friends are at risk of deportation or will you have the courage to force your colleagues to do what you know to be right? Will you continue to delay as I count down the days until I am forced back into the shadows to live in fear of being torn from my family and community?”

    “We have been in jail for 4 days now. We haven’t eaten since Friday morning. We are tired. Our parents and communities are worried about us. But I am willing to risk deportation because I have nothing else to lose,” said one of the 7 arrested DACA beneficiaries. “We are willing to risk it all. We are asking Schumer - what are you willing to risk?”

    “Some say that we can wait to pass legislation. But every day the Dream Act does not pass, more undocumented youth are at risk of detention and deportation. There is no time to waste. We need permanent protection now.” said another one of the undocumented youth in jail.

    All eight individuals arrested were brought before a judge and charged with unlawful entry. We have reason to believe that D.C. Pre-Trial Services contacted ICE regarding one Undocumented Youth’s immigration status. There is a concern surrounding further ICE communication and engagement for the other youth as the days go by and they continue to be in police custody. One of the youth incarcerated has been reported as Erika Andiola, former press secretary for Bernie Sanders and a DACA recipient.

    Dreamers incarcerated are making a sacrifice and risking their status, deportation, and their health to protect the 800,000 Dreamers in the country. Individuals are expected be brought up before a judge Tuesday morning.


    Please contact Candice Fortin at (917) 244-7206, if you would like to interview participants involved in this action. You can view a livestream of today’s press conference

    PDF of this release.

    The #OurDream campaign is a coalition effort led by undocumented youth that includes: The Seed Project, Our Revolution, Youth Caucus of America, Democracy Spring, Progressive Democrats of America, Justice Democrats,, Good Jobs Nation, Millennials for Revolution, Undocumented, Students for Education Equity, Democratic Socialist of America (NYC), The People's Consortium for Economic and Human Rights, Inc., Working Families Party, People for Bernie, Women's March, Common Defense PAC/Vets Against Hate, Action Group Network, Million Hoodies

  4. Letters of the Week: December 18 - December 24


    by , 12-18-2017 at 09:41 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    In yet another anti-business immigration measure, the Trump demonstration has begun taking steps to eliminate H-4 EADs. Some outlets are reporting that the H-4 EAD rule could be rescinded as soon as February 2018. News reports have been predicting the end of H-4 EADs for several months.

    Now, the Administration has published notice that it intends to “modify” the program. Most expect that the modification will be the elimination of the H-4 EAD program.

    This rule is yet another example that Pres. Trump is not just against illegal immigration, he is against any immigration. There is no rational basis to make this change, other than as a gift to his xenophobic followers. He would eliminate hundreds of thousands of taxpayers at a time when the federal deficit is expected to increase by $1.4 trillion.

    Traditionally when programs like this end, the government allows those with valid EADs to continue to be able to work until the end of the EAD period. Accordingly, MU Law advise those H-4 spouses who are eligible for EADs to file immediately. Likewise, if your H-4 EAD is set to expire in the next few months, you should immediately file an EAD extension.


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