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    by , 10-28-2016 at 09:28 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Maria Schneider

    In a recent decision, USCIS demanded FCCPT issue Type 1 Certificates ONLY to graduates of university programs whose diploma reads “Master’s Degree” and who have at least 202.1 credit hours. Any graduate of a program that is equivalent to a US Master’s Degree will no longer be eligible to enter the US and practice Physical Therapy. In 2017, applicants will need a DPT to obtain a Type 1 Certificate.

    Type 1 Certificate renewals will not be subject to this new ruling. Renewal applications do not examine education, but only licensure and verification of English proficiency. PTs with a current Type 1 can renew the Type 1 Certificate without being subject to the new standard. However, if the Type 1 expires, the PT will have to make a new application and will be subject to the new standard.

    Type 1 Certificates are valid for five years from the date of issue. MU strongly advises PTs to timely renew their Type 1 Certification so that they can continue to maintain their immigration status and their ability to work in the US.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at and You can also visit us on Facebook and follow us on Twitter.
  2. Stop the Deportation of the Workers in the Buffalo Restaurant Raids

    by , 10-27-2016 at 10:31 AM (Matthew Kolken on Deportation And Removal)

    On Tuesday, October 18, 2016, the Department of Homeland Security (DHS) raided several Mexican restaurants in and around the City of Buffalo, detaining at least 25 people connected to the restaurants. This petition requests that DHS exercise discretion in terminating their deportation proceedings.

    Sixteen of the twenty-five individuals arrested have not been charged with any crime. At least four of these workers have been placed in deportation proceedings despite appearing to be the victims Ė not the perpetrators Ė of their employerís criminal scheme. The criminal complaint states that these workers were working 16 hours per day, 6 days per week and being paid as little as $500. This amounts to far less than the minimum wage and no overtime pay.

    DHS claims that it raided these restaurants in part to protect workers from exploitation. In addition, DHS has recognized that effective ďenforcement of labor law is essential to ensure proper wages and working conditions for all covered workers regardless of immigration status.Ē Revised Memorandum of Understanding between the Dept. of Homeland Sec. and Labor Concerning Enforcement Activities at Worksites (Dec. 7, 2011).

    Consequently, we request that DHS exercise discretion and terminate the deportation proceedings against the workers who were not criminally charged in the raids. DHS has broad prosecutorial discretion to enforce immigration law, and to exercise discretion to terminate deportation proceedings. According to DHS guidance, this is an appropriate circumstance to do so - and as early in deportation proceedings as possible. DHS has ruled that termination of deportation proceedings is appropriate when individuals are victims of certain crimes, or are victims of civil rights and labor violations. Memorandum, Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs (June 17, 2011). ICE has made clear that it is generally preferable to exercise such discretion as early in the case or proceeding as possible to preserve government resources.

    The arrest and deportation of these low-wage workers is both out of line with the clear enforcement priorities of DHS and a gross misuse of government resources. The individuals arrested during the raids are hardworking members of the community. Their families have been severely impacted by the raids; some of the children of those arrested have been placed into the custody of Child Protective Services. DHS should not target contributing members of the community and their families when they have committed no crimes and are, in fact, the victims of unfair labor practices. Justice can be carried out in this case by terminating these workers' deportation proceedings and allowing the Department of Labor to investigate the allegations of abusive labor practices. We ask that DHS take these steps immediately.

    Click here to sign the petition.
  3. Justice Department to announce significant law enforcement action

    by , 10-27-2016 at 08:49 AM (Matthew Kolken on Deportation And Removal)
    WASHINGTON Ė Assistant Attorney General Leslie R. Caldwell, U.S. Attorney Kenneth Magidson of the Southern District of Texas and other law enforcement officials will hold a press conference TODAY, THURSDAY, OCTOBER 27, 2016, at 11:00 a.m. EDT, to announce a significant enforcement action.

    Assistant Attorney General Leslie R. Caldwell of the Criminal Division
    Kenneth Magidson of the Southern District of Texas

    U.S. Immigration and Customs Enforcementís Homeland Security Investigations Executive Associate Director Peter T. Edge
    U.S. Treasury Inspector General for Tax Administration J. Russell George
    Department of Homeland Security Inspector General John Roth

    Press conference announcing a significant law enforcement action.

    11:00 a.m. EDT

    Department of Justice

    7th Floor Press Conference Room
    950 Pennsylvania Avenue, NW
    Washington, DC 20530



    NOTE: All media must present government-issued photo I.D. (such as driverís license) as well as valid media credentials.
    Media must enter the department at the visitorís entrance on Constitution Avenue NW between 9th and 10th Streets. Media may begin arriving at 10:00 a.m. EDT and cameras must be pre-set by 10:45 a.m. EDT. Press inquiries regarding logistics should be directed to the Office of Public Affairs at (202) 514-2007 or

    by , 10-26-2016 at 11:00 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Maria Schneider

    Earlier this year in May the USCIS published a proposed rule to increase fees. On October 24, 2016, the final rule was published adjusting the fees for most immigration applications and petitions. The new fees will go into effect on December 23, 2016.

    The new fees are:

    Current Fee
    New Fee

    A full list of all of the new fees can be found on the USCIS website.

    The USCIS is almost entirely funded by the fees paid by applicants and petitioners for immigration benefits. The fee increase is the first in the last six years and. The fees will go up an average of 21 percent and will recover the costs associated with fraud detection and prevention and national security.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at and You can also visit us on Facebook and follow us on Twitter.
  5. Today's Muslim immigrants and 1930's Jewish ones are the same as the "Bicycle Riders". Roger Algase

    Even during the darkest days of the Holocaust, the Jewish people never entirely lost their sense of humor. There was a joke about a Jewish man who is stopped in the street by a Nazi storm trooper. The Nazi shouts:

    "Tell me, Jew, who started the war?"

    The Jewish man, afraid of being sent to a concentration camp if he gave the wrong answer, replies::

    "The Jews, of course...and the bicycle riders.".

    The Nazi looks puzzled. He says:

    "I understand about the Jews, but why the bicycle riders?"

    The Jewish man answers:

    "Why the Jews?"

    Incidentally, in New York, especially in the Upper West Side of Manhattan where I live, it it important to watch out for the bicycle riders Including, but by no means limited to, the ubiquitous restaurant delivery men who speed by so fast that they can be very dangerous.if one isn't looking out for them. .

    It would be quite fair to say that most New Yorkers are far more concerned about the chances of being hit by a bicycle than they are about being attacked by terrorists.

    However, to get to the point of this comment, when it comes to immigration policy, there is a tendency among many of our elected officials to scapegoat Muslim immigrants in general, especially wherever there is a terror attack in the US or any Western country, while looking at the Jews as the innocent "bicycle riders", as in the above story.

    But this was not always the case, at least as far as the American public was concerned.

    During the 1930's and 1949's, many Americans were afraid to admit Jewish refugees because of the unfounded fear, (comparable to what 7th Circuit Federal Court of Appeals Judge Richard Posner recently called "nightmare speculation" in referring to claims concerning the alleged dangers of admitting Syrian Muslim refugees in an October 3 decision which I have written about in more detail in previous comments) that the Jewish refugees fleeing Hitler might be "Nazi agents".

    Today's often repeated fears that Muslim Syrian refugees might be "allied with ISIS" (or, even less likely, that they might be "terrorists" connected with the Syrian government whom the ISIS terrorists are trying to overthrow) are on the same level and are equally unfounded

    Moreover, some Americans with white nationalist or "alt right" views even regard the whole concept of allowing Muslim immigration in the US as a "Jewish" plot today.

    See, Kevin MacDonald (January 23)

    Jewish Fear and Loathing of Donald Trump [2]: "New York Values" vs. Muslim Immigration

    MacDonald writes (in reaction to Trump's Muslim ban which had been announced the previous month]:

    "The common denominator in many of the comments of Jewish organizations [opposing the Muslim ban]: hysteria about the singling out of a group. For example, Jeffrey Greenblatt of the ADL [Anti-Defamation League] wailed 'A plan that singles out Muslims and denies them entry to the U.S. based on their religion is deeply offensive and runs counter to our nation's deepest values''...

    But I can see why the Jewish organizations are upset. Singling out a group because members of the group are more likely to commit terrorist acts reminds Jews that anti-Jewish attitudes have often resulted from Jews actually being likely to have attitudes or behaviors that the majority finds objectionable."

    MacDonald then gives examples of charges made against Jewish immigrants in the 1930's which he and his fellow anti-semites apparently find quite justified (as did all too many Americans at the time) but which no observer who is not consumed with anti-Jewish hatred would ever take seriously now.

    I will go into further detail about these charges, which virtually everyone (except for MacDonald and his fellow extremists) now recognizes as vicious lies, but which 80 years ago led to America's refusal to admit thousands of Jewish refugees who would have survived the Holocaust if they had been allowed in, in Part 2 of these comments.

    Also, see the above link for more details.

    Why am I repeating the kind of vile antisemitic propaganda contained in MacDonald's above referred to article?

    Obviously, not because any of it has even the slightest grain of truth, but to show that Jewish immigrants have been the objects of the same kind of hatred in the past (and, in the case of Kevin MacDonald and his ilk, still are) as Muslims are today.

    There are those, of course, who agree that it was wrong to spread hatred against Jewish immigrants in the 1930's but contend that it is OK to do the same in the case of Muslim immigrants today.

    Their argument is that even though the Jews as a group have never in fact posed a danger to America, Muslims, as a group, really. allegedly, are potentially dangerous and should be kept out or looked at with great anxiety and suspicion.

    My question would then be: whom will today's Islamophobes go after next?

    The answer should be obvious - the bicycle riders.

    Roger Algase
    Attorney at Law

    Updated 10-26-2016 at 10:01 PM by ImmigrationLawBlogs

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