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  1. Obama Admin Says Deportation Jails for Kids Necessary to put Teeth in Immigration Law

    by , 05-09-2016 at 08:33 AM (Matthew Kolken on Deportation And Removal)
    The Texas Department of Family and Protective Services issued a childcare license to one of Obama's for-profit privately owned deportation internment camps euphemistically called the Karnes County Residential Center. Thankfully, a Judge in Texas isn't having it.

    Via NPR

    The federal government's controversial immigrant family detention camps in south Texas are back in court.

    A Texas state judge has blocked a state agency from licensing the childcare facility inside a mammoth, 2,400-bed private lock-up. The detention facility was opened to temporarily confine undocumented mothers and children who have been surging across the Texas-Mexico border fleeing dangerous conditions in Central America.

    Immigrant advocates and detainees have complained bitterly that these family detention facilities are nothing more than prisons with dormitories and soccer fields. The Dept. of Homeland Security contends the secure facilities are family-friendly, and their existence is necessary to put teeth into America's immigration laws.

    Where is the liberal outrage?
  2. Increased Demand from China and India Resulting in Retrogression of Visa Numbers

    by , 05-09-2016 at 07:50 AM (Matthew Kolken on Deportation And Removal)
    From the Department of State Visa Bulletin for June 2016:



    CHINA F4: The increased level of applicant demand being received has necessitated retrogression of the June final action date, in an effort to hold number use within the overall China Family-sponsored annual limit. At this time, it is not possible to predict whether this date will advance prior to the end of the fiscal year.

    INDIA F4: The increased level of applicant demand being received has necessitated retrogression of the June final action date, in an effort to hold number use within the overall India Family-sponsored annual limit. This date is not expected to advance prior to the end of the fiscal year.

    All Chargeability
    Areas Except
    Those Listed
    F1 01OCT09 01OCT09 01OCT09 01APR95 01SEP05
    F2A 15OCT15 15OCT15 15OCT15 15OCT15 15OCT15
    F2B 15DEC10 15DEC10 15DEC10 15MAY96 01JAN06
    F3 01AUG05 01AUG05 01AUG05 01MAY95 01AUG95
    F4 01MAY04 01MAY04 01MAY04 01JUN98 01APR93


    INDIA E2: During the past two months, there have been extremely high levels of Employment-based demand for adjustment of status cases filed with U.S. Citizenship and Immigration Services. This has necessitated retrogression of the Second preference final action date for the month of June in an effort to hold number use within the FY-2016 annual limit. This date is expected to advance slowly during the last three months of the fiscal year, at a pace consistent with that of the India Employment-based Third preference date.

    CHINA E2 and E3: During the past two months, there have been extremely high levels of Employment-based demand for adjustment of status cases filed with U.S. Citizenship and Immigration Services. This has necessitated retrogression of both the Second and Third preference final action dates for the month of June in an effort to hold number use within those FY-2016 annual limits. Neither of these dates is expected to advance prior to the end of the fiscal year.

    Item D of the May Visa Bulletin advised readers that such corrective action might be necessary to control future number use during the coming months. Every effort will be made to return the retrogressed dates to those listed in the May 2016 Visa Bulletin as quickly as possible, once the FY-2017 annual limits take effect October 1, 2016. Speculation on how quickly, or when, a full recovery might occur might not be possible until late summer.

    All Charge-
    Areas Except
    Those Listed
    1st C C C C C C
    2nd C 01JAN10 C 01OCT04 C C
    3rd 15FEB16 01JAN10 15FEB16 22SEP04 15FEB16 01NOV08
    Other Workers 15FEB16 22APR07 15FEB16 22SEP04 15FEB16 01NOV08
    4th C C 01JAN10 C C C
    Certain Religious Workers C C 01JAN10 C C C
    (C5 and T5)
    C 15FEB14 C C C C
    (I5 and R5)
    C 15FEB14 C C C C
  3. How Anti-Immigrant Extremists In Congress Are Shaping Trump's Policies. Roger Algase

    Update, May 12, 6:00 am:

    Of course, it is not only Senator Jeff Sessions and Rep. Steve King who have helped to create Donald Trump. Trump's anti-immigrant bigotry comes out of a cesspool of anti-immigrant proposals which the Republican-controlled House has been supporting for more than a decade. See Nancy Pelosi's telling statement in Politico on May 11:

    But Trump has taken anti-immigrant prejudice to a new and dangerous level, where it could threaten America's entire democracy. While Trump is certainly no Hitler and has never advocated genocide, there is at least one analogy:

    Just as the anti-Semitism which Hitler used in order to seize power had been rampant in Germany for at least a century before Hitler came on the scene, the anti-immigrant hate which Trump has been using so effectively has been part of American society for more than 150 years, going back to the time of the Know-Nothing movement which Trump's supporters so much resemble today.

    Only the targets are different - Irish immigrants then, to be followed by Italian, Jewish, Eastern European and Asian immigrants in the later 19th and early 20th centuries - mainly Latino/Middle Eastern immigrants now.

    Update, May 7, 7:53 am:

    New York Magazine, in an article which appeared in April, confirms that Senator Jeff Sessions (R-Alabama), one of the strongest and most outspoken opponents of both legal and illegal immigration in the entire Congress, was responsible for Donald Trump's sudden U-turn on H-1B visas:

    "A conservative source close to the campaign told me that Trump only truly consults one person, Alabama Republican senator Jeff Sessions: 'When Jeff calls, Trump listens.' It's hard to overstate Sessions' influence on trade and immigration policy within the GOP...

    And when Sessions called Trump last month and criticized him for coming out in favor of H-1B visas, which allow companies to recruit high-level talent abroad, Trump promptly changed his position."

    My original post appears below:

    Senator Jeff Sessions (R-Alabama) and Representative Steve King (R-Iowa) are two of the most active and vocal anti-immigrant figures in Congress. Few people have forgotten King's infamous attacks on DREAMERs as "drug mules", and Sessions has been a leader in almost every Congressional attempt to restrict immigration, legal as well as illegal.

    Both have praised Trump's immigration policies, and Sessions was the first Senator to endorse Trump for president, well before Trump's nomination became all but inevitable. See the following AP report:

    "...Trump and Sessions were out of touch until last June, when they held a conference call on immigration policy and Trump began courting Sessions' endorsement in earnest. Then Sessions defended Trump ;ast year when he called for a temporary ban on Muslim immigrants coming to the United States...

    The Alabamian is best known for his opposition to the Senate's 2013 comprehensive immigration bill. But beyond his rejection of both a pathway to citizenship for undocumented immigrants and his support for a wall along the Southern border, he also believes the United States should lower legal immigration."

    Is Sessions the reason that Trump suddenly changed his mind after supporting the H-1B program at one of the Republican debates and then came out in favor of cancelling that visa entirely, as well as eliminating green cards through labor certification, the following day or soon after?

    According to the same report, Sessions' background of openly racist positions goes back more than 30 years:

    "Sessions is familiar with controversy, racial and otherwise. In 1986, President Reagan nominated him for a federal judgeship. The ensuing confirmation process turned ugly over episodes from his past: the times he called the NAACP 'un-American,' prosecuted civil rights advocates for voter fraud and said, according to a colleague, that the Ku Klux Klan was 'OK'."

    At the same time, Steve King is quoted by Right Wing Watch on May 5 as saying the following about Trump, while not (yet) actually endorsing him:

    "Expect me to say to Donald Trump: 'Thanks a lot for borrowing my immigration policy, you get to keep it and I'll help you with that, and let's see what else we can do, if we can work together to strengthen this.'"

    With help from Congressional fans like Jeff Sessions and Steve King, we can no doubt look forward to many more creative and innovative immigration proposals from a President Trump - aimed at keeping minority immigrants out of the US and sending as many as possible of those who are already here back to their countries.
    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 obtain work visas and green cards.

    Roger believes that upholding the rights of immigrants, and opposing prejudice and discrimination against them, are essential to preserving the rights of all the people of America, and to maintaining the foundations of our democracy. His email address is

    Updated 05-12-2016 at 09:40 AM by ImmigrationLawBlogs

  4. Couple Indicted for $20 Million H-1B Visa Fraud

    By Bruce Buchanan, Sebelist Buchanan Law PLLC
    Click image for larger version. 

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    A husband and wife and four co-conspirators, were indicted by a federal grand jury in Virginia on charges of conspiracy to defraud the United States of at least $20 million concerning more than 800 applications for illegal immigration benefits under the H-1B visa program.

    The indictment alleges that Raju Kosuri set up a network of shell companies that he presented to immigration authorities as independent businesses in need of Indian workers, but which he in fact owned and controlled. The indictment further alleges that Kosuri and his co-conspirators used these entities to file petitions for non-existent job vacancies at Kosuri’s data center in Danville, Virginia. Kosuri is alleged to have required workers to pay their own visa processing fees, in violation of H-1B program rules; and he allegedly treated the beneficiaries as hourly contractors, again in violation of H-1B visa program rules. The visa fraud scheme involved the forgery of numerous individuals’ signatures on visa petitions and exhibits, without their knowledge.

    The three main co-conspirators, Kosuri, his wife, Smriti Jharia and Raimondo Piluso face a maximum penalty of 30 years in prison, if convicted. The other co-conspirators face a maximum penalty of 10 years in prison, if convicted.

  5. Unaccompanied Minor Surge Part II

    by , 05-05-2016 at 05:52 AM (Matthew Kolken on Deportation And Removal)
    Here we go again.

    During the first six months of Fiscal Year 2016 (ending March 31, 2016) there was a 78 percent increase in apprehension of unaccompanied children by Customs and Border Protection from Fiscal Year 2015. There were 28,579 unaccompanied children apprehended in 2014.

    Via The Hill:

    The number of families and unaccompanied children apprehended on the southern border has skyrocketed this year, according to new figures from the Obama administration.

    The numbers, compiled by the U.S. Customs and Border Protection (CBP), reveal that child migration is on par with 2014 levels, when a wave of kids –– thousands of them unaccompanied –– arrived at the southern border.

    The surge of illegal immigration quickly swamped border authorities, immigration courts and health and humanitarian workers, while sparking a political battle on Capitol Hill over the cause and proper response to the crisis.

    And in related news via the Texas Tribune:

    A nonprofit organization has sued the Texas Department of Family and Protective Services for issuing a temporary child-care license to an immigration detention facility in Karnes City.

    Grassroots Leadership, which opposes for-profit prisons, says the department has no authority to regulate detention centers or prisons and is asking Travis County District Court for a temporary injunction and restraining order to stop the licensing.

    From Grassroots Leadership's press release:

    (AUSTIN, Texas) — Today, Grassroots Leadership and two mothers who are detained in Texas with their children filed papers in state court in Austin seeking a Temporary Injunction and Temporary Restraining Order to halt the licensing of controversial family detention centers in South Texas.

    The South Texas Family Residential Center, operated by prison corporation Corrections Corporation of America in Dilley, and the Karnes County Residential Center, operated by prison corporation GEO Group in Karnes City, had applied for licenses under lowered standards adopted under a new regulation, 40 TEX. ADMIN. CODE § 748.7, implemented by the agency on March 1st. On Friday and without an official announcement, DFPS granted the Karnes detention camp a childcare license based on that regulation.

    Grassroots Leadership has asked the 250th Judicial District Court to invalidate those regulations on the ground that DFPS only is granted authority to regulate childcare facilities and not detention centers, prisons, detention camps, or mental health facilities.

    I'm waiting to hear if Hillary Clinton will once again call for these refugee children to be sent back to their death to send a message.

    Updated 05-05-2016 at 07:08 AM by MKolken

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