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  1. ICE to testify at congressional hearing on MS-13

    by , 06-20-2017 at 04:02 PM (Matthew Kolken on Deportation And Removal)
    WASHINGTON – U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) Executive Associate Director (EAD) Matthew T. Albence and ICE Homeland Security Investigations (HSI) Acting EAD Derek Benner will testify Wednesday, June 21, at 10 a.m. EDT before the Senate Committee on the Judiciary at a hearing entitled, “The MS-13 Problem: Investigating Gang Membership, its Nexus to Illegal Immigration, and Federal Efforts to End the Threat.”

    WHO:

    Matthew Albence, ICE ERO Executive Associate Director
    Derek Benner, ICE HSI Acting Executive Associate Director
    Carla Provost, Acting Chief, U.S. Border Patrol, U.S. Customs and Border Protection
    Kenneth Blanco, Acting Assistant Attorney General, Criminal Division, U.S. Department of Justice
    Scott Lloyd, Director, Office of Refugee Resettlement, U.S. Department of Health and Human Services
    WHEN: Wednesday, June 21, 2017, at 10 a.m. EST

    WHERE: Dirksen Senate Office Building 226, Washington, D.C.

    ADDITIONAL INFORMATION: A webcast of the hearing will be available here.
  2. Trudeau tweets not the answer to Canada's refugee issues. by Nolan Rappaport



    © Greg Nash

    The day after President Donald Trump issued his first travel ban order, Canadian Prime Minister Justin Trudeau tweeted a message to aliens “fleeing persecution, terror & war.” In addition to the inappropriateness of accusing the president of the United States of religious discrimination, his tweet made a promise that Canada will not be able to keep.

    His tweet was an unqualified invitation to the 65.6 million aliens worldwide who have been displaced from their countries by conflict and persecution. Canada almost certainly will have to turn away many of the aliens who accept the invitation and come to Canada relying on it.
    Some will be disqualified by Canada’s Safe Third Country Agreement with the United States, which requires asylum seekers to apply for asylum in the United States if they enter that country before entering Canada, with some exceptions.

    Also, his invitation includes aliens who are fleeing terror and war, and despite their very real need for refuge, they are not likely to be able to establish eligibility for refugee status or asylum on that basis. According to UNHCR figures, only 22.5 million of the 65.6 million displaced persons are refugees.

    Trudeau’s tweet reminds me of President Jimmy Carter’s invitation to Cuban refugees when he was asked what the government was going to do about the Mariel Boat Lift. On April 20, 1980, Cuban President Fidel Castro announced that he would permit Cubans wishing to leave Cuba to go to the United States. Two weeks later, Carter said that the United States would "welcome the Cuban refugees with open arms and open hearts."

    Read more at --
    http://thehill.com/blogs/pundits-blo...witch=standard

    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.





    Updated 06-21-2017 at 08:19 AM by ImmigrationLawBlogs

  3. ICE Confirms Detainer Issued on Salvadoran Immigrant Suspected of Murdering Muslim Teen

    by , 06-20-2017 at 08:06 AM (Matthew Kolken on Deportation And Removal)
    Via the Daily Caller:

    A 22-year-old man accused of killing a 17-year-old Muslim girl in Virginia on Sunday morning is an illegal immigrant from El Salvador, a spokesperson for U.S. Immigration and Customs Enforcement (ICE) tells The Daily Caller.

    The suspect, Darwin A. Martinez Torres, was arrested on Sunday in the death of Nabra Hassanen, a high school student from Reston, Va. Police say he beat Hassanen with a metal baseball bat in what is being described as a road rage incident.


    Click here for official statements from the Fairfax County Police Department.
  4. BALCA Reverses Decision of Certifying Officer

    By Bruce Buchanan, Sebelist Buchanan Law PLLC

    Click image for larger version. 

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    BALCA reversed a Certifying Officer’s (CO) denial of labor certification after it was persuaded that an employer’s failure to provide an unaltered copy of requested Form 9089 in response to the audit request was due to an electronic processing system and printing error that cut off language in the form. (Spirent Communications, 2013-PER-02757).

    Spirent Communications, Inc. filed Form 9089 sponsoring a foreign national for permanent employment. The application was later chosen for audit requiring the employer to provide a copy of the submitted Form 9089. After noticing a sentence at the end of both paragraph H. 11 and H. 14 of the form were unintendedly cut off by the electronic processing system, Spirent provided a corrected form to include each entire sentence. The corrected language matched what was included in paragraph K-9 of Form 9089 and the Prevailing Wage Determination.

    The CO denied the PERM application citing that the corrected cut off sentence violated the requirement of an unaltered copy of Form 9089. Spirent asked for reconsideration stating it had no intent to deceive and the dangling sentence had no material effect on recruitment. Spirent additionally submitted an affidavit explaining the discrepancy between printed and electronic documents. The CO upon reconsideration upheld its denial - stating Spirent failed to submit an unaltered copy of the form.

    On appeal, BALCA found that correcting an obvious error was not a substantial failure to respond. Spirent’s notarized affidavit and attorney both explaining the mistake as well as the language in question being represented in full in paragraph K-9 and the Prevailing Wage Determination buttressed its appeal. Thus, BALCA remanded the matter for certification.

    Although the company ultimately prevailed, this case illustrates the importance of checking system printouts before submission and maintaining an audit file.
  5. Letters of the Week: June 19 - June 25

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