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  1. Cancer of Trump's Racist Agenda Spreads From "National Security" Muslim Ban to "Public Charge" Ban Against Millions of Brown Immigrants. Roger Algase

    Those who warned that Donald Trump's first Muslim Ban executive order issued almost immediately on becoming president 18 months ago was only the curtain-raiser to world-wide exclusion of non-white legal immigrants are now being proven right, as the fake "national security" pretext for the Muslim ban is now morphing into an even more phony "public charge" ban which could affect millions of Mexican and other non-European immigrants, as opposed to some 200 thousand caught up in the Muslim ban.

    The only difference is that the initial Muslim ban caused widespread outrage among the American people leading to court action and the ultimate withdrawal of the order.

    Now, a Trump adminnistration plan to impose a much wider ban based on absurdly inflated and distorted "public charge" grounds - which themselves had their origin in attempts to keep out Chinese, Jewish and other immigrants considered "racially undesirable" by the bigots of a century ago or more ago - and could affect many more immigrants than the Muslim ban, has caused hardly a murmur among the public and our politicians, and no lawsuit plans to date that I am aware of.

    This increasing public acceptance of escalating authoritarian outrages against targeted minority groups is the way that a society loses its democracy, as the example of Germany in 1933 shows.

    In the latest outrage involving the Trump administration's expanded use of the Public Charge exclusion grounds against legal immigrants who are totally self-supporting and have always been in compliance with our immigration laws down to the last comma, dotted "i" and crossed "t", the Houston Chronicle reports that a Mexican woman with a steady job and career in her country and a legal visitor visa, and who has made numerous trips to the US to visit her US citizen daughter and never overstayed by even a single day, was denied entry at the airport by CBP officers, had her visa cancelled and was barred from returning to the US for five years mainly on "Public Charge" grounds - because she used a legal US government program to help pay for a medical emergency on a previous visit.

    Apparently as an afterthought, with no evidence other than the fact that she had made a number of legal visits to see her American family and always left on time, CBP also determined that she was inadmissible to the US as an "intending immigrant".

    https://www.houstonchronicle.com/new...r-13139345.php

    The Trump/Miller/Sessions message to immigrants, not only from Mexico, but from every part of the world, is becoming clearer and clearer with every new assault on the basic dignity and human rights of immigrants seeking to enter the United States in full compliance with our laws as written by Congress in accordance with our democratic system of government - not as unilaterally rewritten by the above triumvirate themselves.

    This message is, obviously:

    "We don't care what type of visa or other legal permission you may have. Don't even think of entering the United States unless you are 'Intending' - to be white."
    __________________________
    Roger Algase is a New York immigration lawyer and graduate of Harvard College and Harvard Law School, who has been practicing in this field for 40 years. His practice is concentrated mainly in the area of skilled and professional work visas (H-1B and O-1), and green cards through PERM Labor Certification and family relationships.

    Roger represents immigrants from diverse parts of the world and believes that respecting the American values of racial equality and protecting basic human rights in our immigration system is essential to maintaining our democracy - which is threatened today as rarely, if ever, before in this country's entire history.

    Roger's email address is algaselex@gmail.com


    Updated 08-15-2018 at 08:12 AM by ImmigrationLawBlogs

  2. ACLU’s lawsuit may force Trump to stop granting asylum applications. By Nolan Rappaport





    The American Civil Liberties Union (ACLU) is suing Attorney General Jeff Sessions to prevent his domestic abuse decision from being used for credible fear determinations in expedited removal proceedings.

    Sessions is trying to eliminate the need for asylum hearings on applications that are based on improper persecution claims. These meritless cases are contributing to an immigration court backlog crisis. If he is prevented from doing this by issuing precedent decisions to provide guidance on how asylum cases are supposed to be handled, the administration will resort to more extreme measures.

    The United States does not have to grant any asylum applications. Asylum is discretionary, and the Supreme Court has held that the president can suspend the entry of aliens into the United States when he finds that their entry “would be detrimental to the interests of the United States.”

    The court declined to decide whether “some form of inquiry into the persuasiveness of a president’s finding is appropriate.” It seems unlikely, however, that the court would reject a president’s finding that discretionary asylum grants should be suspended until the immigration court backlog crisis is brought under control because allowing the backlog to continue is detrimental to the interests of the United States.

    This would not leave asylum seekers without a way to avoid persecution. Withholding of removal is available too and it is mandatory when eligibility has been established. The main difference in eligibility requirements is that asylum just requires a well-founded fear of persecution, and withholding requires the applicant to establish that it is more likely than not that he will be persecuted.

    But withholding does not entitle aliens to remain in the United States. It just prevents them from being deported to a country where they will be persecuted.

    The backlog crisis.

    Read more at
    http://thehill.com/opinion/immigrati...m-applications

    Published originally on The Hill.

    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 08-13-2018 at 04:22 PM by ImmigrationLawBlogs

  3. PERM Book Practice Tip - Maintenance of Status in PERM Cases By Joel Stewart, Editor PERM Book III

    by , 08-13-2018 at 03:24 PM (Joel Stewart on PERM Labor Certification)
    Before beginning a PERM case, an employer must always check the immigration history of the foreign national to confirm that he or she is eligible to receive permanent residency, and whether the applicant may expect to apply by Adjustment of Status or by Consular Processing.
    Focus must be placed on determining that the foreign national has always maintained status in the United States – whether it by as a temporary visitor for pleasure, business, as a student or in an authorized category of work.
    In addition to the Resume and Diplomas of the foreign worker, it is recommended to ask the worker to provide a time line to prove maintenance of status.
    This can be done by establishing an unbroken line of authorized stay and status in the US, and by confirming that the applicant has not worked without authorization by proving the monthly income from the time of first entering the United States.
    The issue of maintenance of status is more acute for visitors and students who rely entirely on funds from abroad. They should be prepared to provide all their income during stays in the United States – whether by credit cards from abroad, bank transfers, cash brought legally into the US, gifts, or other lawful receipts of valuable goods or services.
    While the word “work” is not defined in the Immigration and Nationality Act and is only obliquely referred to in the regulations and other guidance, it should be construed to mean an exchange of services for valuable consideration.
    There are nuances such as persons paid abroad while on business trips to the US or entrepreneurs who may be on US soil managing their business abroad by phone or internet. These persons would not be “working” without authorization in the US, but, even so, they may be violating their status. Examples of these nuanced situations are abundant. The one that comes to mind is the Hong Kong Tailor who may enter the US as a visitor to take measurements but may not sew or manufacture the clothing in the US.
    If the applicant is found to be ineligible for adjustment of status, an interview for permanent residency should be held in the US Consulate abroad. It is not a basis for ineligibility to have failed to maintain status in the US, however, it untruthful statements regarding same in connection with an adjustment of status application would create a new ground of ineligibility in the category of fraud or misrepresentation.
    For someone in student status, there are two lines of inquiry to determine eligibility for adjustment of status:

    1. Has the individual been studying full-time, the whole time? This is determined by creating a time line of documents in chronological order. The schools use form I-20 to show that the student is in status. The I-20’s have start and end dates, and the dates of all the I-20’s should be uninterrupted back to back. Furthermore, the time in student status had to be full-time. Granted, the schools are allowed some flexibility to define “full-time.” It’s usually a number of hours per week or a number of credits per semester. The student must provide us with this documentation to prove that she has maintained her student status.
    2. The second line of inquiry is whether the student has supported herself with her own funds, or whether she is working illegally. When someone is here from a country which has a bad exchange rate with the US, and the student has been here a long time, it is natural for the examiner to imagine that illegal work may be involved. The way to prove legal source of support, a monthly budget should be prepared. After establishing the budget, it is then necessary to show where the funds came from each month to pay for the expenses in the budget.


    In summary, if the foreign worker is not eligible for adjustment of status, he or she should still be able to apply for permanent residency by asking for an interview in the US Consulate abroad, since unauthorized employment and other kinds of failure to maintain status cause the applicant to be statutorily ineligible to adjust status in the USA.
  4. Letters of the Week: August 13 - August 17

  5. Double Standard Toward Melania Trump's Parents' "Chain Migration" is not the Only Stench of Immigration Hypocrisy in Trump/Miller Era. Roger Algase

    In my August 10 Immigration Daily comment, I wrote about the stench of hypocrisy in Donald Trump's venomous attacks on family immigration by labeling the estimated 40 million mainly non-European parents, adult children and siblings of US citizens who have legally immigrated to the US in the past half century as "criminals" who "do not love America" and came here through "horrible chain migration"., even as Melania Trump's white parents, who by all indications, came to the US the same way, have now attained their US citizenship.

    Now, even Melania Trump's own parents' lawyer, Michael Wildes, is calling Trump's vicious and delusional attacks on extended family immigration "unconscionable.", as Trump continues his utterly delusional attacks on this visa, such as the following:

    "The chain is like a disaster. You bring one person in, you end up with 32 people."


    https://alternet.org/michael-wildes-...ly-immigration

    As I have pointed out in previous comments, even strong immigration opponents such as Mark Krikorian of the Center for Immigration Studies have pointed out that numbers such as these are totally impossible under current law. They are pure presidential fantasy, without the remotest relation to reality, and are invented purely to dehumanize non-white legal immigrants as people who are coming into the country uncontrolled, i.e. "infesting" or "invading" America, to use Trump's language from recent speeches at his rallies.

    One rather doubts that the president and first lady are spending much time talking about where to find space for her parents' "32 relatives."

    But Trump administration hypocrisy is not limited to Trump's in-laws' method of immigration, which Trump has had no problem with when his own white family members use it but acts as if it will destroy America when brown people do.

    See, POLITICO, August 13:

    Stephen Miller is an Immigration Hypocrite. I Know Because I'm his Uncle

    https://www.politico.com/magazine/st...s-uncle-219351

    In this powerfully written op-ed, Miller's own uncle condemns Miller for promoting bigoted immigration policies which would have not only prevented his own Jewish ancestors from immigrating to the US at the turn of the 20th century, but might have led to their being wiped out in Czarist Russia.

    This appalling, shameless, example of immigration hypocrisy on Miller's part creates a stench which makes Donald Trump's own hypocrisy smell like fine perfume by comparison.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com


    Updated 08-13-2018 at 08:51 PM by ImmigrationLawBlogs

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