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  1. ICE Workplace Raids Continue in Nebraska and Minnesota

    By: Bruce Buchanan, Sebelist Buchanan Law



    On August 8, 2018, in a multi-state operation, covering Nebraska and Minnesota, Immigration and Customs Enforcement痴 (ICE) Homeland Security Investigations (HSI), raided numerous workplaces serving a series of criminal search warrants and criminal arrest warrants. The raids were the result of a 15-month investigation into companies allegedly knowingly hiring undocumented workers, who were using fraudulent identification belonging to U.S. citizens.

    As a result of these raids, 17 individuals were arrested for an alleged criminal conspiracy to exploit illegal alien laborers for profit, fraud, wire fraud and money laundering in Nebraska and Minnesota. HSI believes the alleged conspirators colluded to create an illegal alien workforce in their respective businesses. In addition to these arrest warrants, authorities also identified 133 employees who were subject to arrest for immigration violations and were unlawfully working at these businesses. These individuals had been illegally residing and working in the United States and may also have been exploited as part of this alleged criminal conspiracy.

    By colluding to create an illegal alien workforce in their respective businesses, the 17 individuals defrauded the U.S. government and created an unfair advantage over their competition businesses. Additionally, authorities suspect the illegal aliens who were knowingly hired as part of this alleged conspiracy were exploited by the conspirators through force, coercion, or threat of arrest and/or deportation. Specifically, these illegal aliens were allegedly required to cash their paychecks at an illegal remittance business for a fee, have tax money deducted from their pay even though this money was never paid to the government, and were coerced to remain quiet about this criminal activity.

    Search warrants were served at the following businesses and locations:

    Christensen Farms in Appleton, Minnesota; Sleepy Eye, Minnesota; and Atkinson, Nebraska;

    Elkhorn River Farms in O誰eill, Nebraska;

    O誰eill Ventures in O誰eill, Nebraska;

    La Herradura Restaurant in O誰eill, Nebraska;

    El Mercadito in O誰eill, Nebraska;

    La Herradura Restaurant in Stromsburg, Nebraska;

    GJW LLC with three locations in Ainsworth, Nebraska;

    J.E. Meurets Grain Company in Ainsworth, Nebraska; and

    Herd Co. Cattle Company in Bartlett, Nebraska.

    典he job magnet in the United States is primarily what draws illegal aliens across our borders, said Special Agent in Charge Tracy J. Cormier, HSI St. Paul, which oversees Nebraska and Minnesota. 典his HSI-led criminal investigation has shown that these targeted businesses were knowingly hiring illegal workers to unlawfully line their own pockets by cheating the workers, cheating the taxpayers, and cheating their business competitors.

    The illegal aliens who remain in ICE custody after being administratively arrested on immigration violations will be transported to a nearby processing facility and placed in removal proceedings. Detained aliens will be held in facilities in Nebraska and Minnesota while awaiting removal proceedings.

    These workplace raids are a continuation of the new policy in the Trump administration of a return to workplace raids. Earlier this year, ICE conducted raids in Tennessee and Ohio. It is expected these ICE raids will continue throughout the Trump administration.

    If you want to know more information on methods to defend yourself from workplace raids and other issues involving employer immigration compliance, I recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and available at http://www.amazon.com/dp/0997083379.
  2. Revoking Critics' Security Clearances; Attacking Free Press: What Began as Trump's Assault on Immigrants is Leading to Full Dictatorship. Roger Algase

    Much as one would like to limit discussion of the Donald Trump presidency strictly to topics that affect immigration exclusively and do not deal with larger issues at all, it is becoming more and more impossibly to overlook the elephant in the room. This elephant is the acute and immediate danger to America's democracy as a direct outgrowth and consequence of Trump's attacks against and persecution of minority immigrants.

    Turning away from or refusing to acknowledge the direct connection between Trump's anti-immigrant agenda and his rapid movement toward setting himself up as America's dictator and Supreme Leader, in the style of Vladimir Putin, Kim Jong Un and Joseph Stalin, would make no more sense than focusing on Adolf Hitler's attacks on the Jews, horrible as the consequences were, only by themselves, and ignoring the overthrow of democracy which those attacks led to.

    (The above does not in any way imply that Trump is a Hitler supporter, a Nazi, an antisemite or an advocate of mass murder or genocide. He is very clearly none of the above.)

    I say this in the context of two recent articles in The Guardian, that venerable British newspaper which is functioning as the conscience of America with regard to both immigration and democracy. One of these articles deals with Trump's latest attempt to use authoritarian power to shut down Robert Mueller's Russia investigation - namely revoking the security clearance of former CIA director Brennan in order to stifle dissent.

    The second article, and editorial deals the Trump's direct threat to democracy by trying to close down America's free press. As shown by a closer look at a ranting speech which Trump gave before a business group one month ago, on June 18 (I hope readers will not mind my excursion into this "ancient history"), these two latest assaults on democracy are the direct outgrowth o Trump's ongoing vicious and delusional attacks on minority immigrants - attacks which as Trump himself boasted in the speech (one of his few truthful statements) got him elected as president.

    The Guardian reports the following about the reaction of responsible intelligence experts to Trump's revoking the security clearance o former CIA Director John Brennan for his support of the Mueller investigation into Trump's ties with Russia - ties which could, not inconceivably, be more dangerous to US security than the presence of millions of unauthorized immigrants:

    "...a joint letter from 12 former senior intelligence officials [called] Trump's action 'ill-considered and unprecedented'. They said it 'has nothing to do with who should and should not hold security clearances - and everything to do with an attempt to stifle free speech'."

    https://www.theguardian.com/us-news/...in-brennan-row

    In other words, this was the action of a dictator concerned about threats to his own power, not the leader of a democratic country.

    Meanwhile, in reaction to Trump's attempt t muzzle a free press and shut down any criticism or opposition, The Guardian's August 15 editorial comments as follows on the fact that over 300 editorials are appearing in newspapers all over America condemning Trump's assault on independent journalism:

    "Mr. Trump's abuse of the press is grimly familiar now. He calls the US press 'enemies of the people'...He recently called the press 'dangerous and sick'...He has called journalists 'the lowest from of humanity'...

    Inescapably, this campaign has consequences...Almost half of Republican voters (44%) believe the president should be able to close news organizations for 'bad behavior'. In another poll this week, a majority of Republican voters (51%) say that the news media are 'the enemy of the people'."

    https://www.theguardian.com/commenti...ork-not-at-war

    Are Trump's attacks on the news media any different from the Nazis' assault against the "Lugenpresse" ("Lying newspapers")?

    But what do these and other equally dangerous attacks on the foundations of our democracy - such as Trump's threat to abolish the immigration courts while stating that "We need border security, not judges" come from? What was their origin?

    As this above statement indicated, it all started with Trump's attacks against minority immigrants - his attempts to demonize and dehumanize not only Mexicans and Muslims, but all immigrants with a darker skin color than is normally found in the "Countries like Norway" which Trump pointed to in a January 11 White House comment as the main, if not only, legitimate source of immigration to the US in his view.

    One of the clearest, and most recent, examples of the symbiotic connection between Trump's attacks on immigrants and his attempt to extinguish democracy itself was in a disjointed, delusional rant in front of a business group on June 18. For a detailed report on the speech, see, alternet.org:

    Trump's Speech to National Federation of Independent Businesses is the Proud Rant of a Dictator

    https://www.alternet.org/news-amp-po...-rant-dictator

    The following extracts from that speech will show that the above headline is by no means unwarranted or overblown. To the contrary, the bitter anger and hostility that Trump has been showing toward brown immigrants from the beginning of his presidential canpaign, while of course different in substance - no,Trump is not a Nazi, a Hitler supporter or an antisemite in any way, shape or form - still cannot help recalling Hitler's attacks on the Jews in tone.


    To be continued.

    Updated 08-17-2018 at 09:29 AM by ImmigrationLawBlogs

  3. Iraqi National Wanted for Murder in Iraq Arrested In California

    by , 08-16-2018 at 09:39 AM (Matthew Kolken on Deportation And Removal)
    Department of Justice
    Office of Public Affairs

    FOR IMMEDIATE RELEASE
    Wednesday, August 15, 2018

    Iraqi National Wanted for Murder in Iraq Arrested In California

    Had Previously Attempted To Gain Lawful Permanent Resident Status

    Omar Ameen, 45, an Iraqi national, wanted on a murder charge in Iraq, appeared before a federal magistrate judge in Sacramento, California today in connection with proceedings to extradite him to face trial in Iraq. Ameen settled in Sacramento as a purported refugee and attempted to gain legal status in the United States.

    The arrest was announced by Assistant Attorney General for National Security John C. Demers, U.S. Attorney McGregor W. Scott for the Eastern District of California, Assistant Director Michael McGarrity of the FBI痴 Counterterrorism Division, and Special Agent in Charge Sean Ragan of the FBI痴 Sacramento Field Office.

    An arrest warrant charging Ameen with the 2014 murder of an Iraqi police officer was issued on May 16, by a judge of the Baghdad Federal Al-Karkh Inquiry Court. In accordance with its treaty obligations with Iraq, the United States filed a complaint in Sacramento seeking a warrant for Ameen痴 arrest based on the extradition request. U.S. Magistrate Judge Edmund F. Brennan issued the warrant on Tuesday, and Ameen was arrested by the FBI Joint Terrorism Task Force in Sacramento today.

    The Iraqi arrest warrant and extradition request allege that after the town of Rawah, Iraq fell to the Islamic State of Iraq and al-Sham (ISIS) on June 21, 2014, Ameen entered the town with a caravan of ISIS vehicles and drove to the house of the victim, who had served as an officer in the Rawah Police Department. On the evening of June 22, 2014, after the caravan arrived at the victim痴 house, Ameen and other members of the convoy allegedly opened fire on the victim. Ameen then allegedly fired his weapon at the victim while the victim was on the ground, killing him.

    Ameen, originally of Rawah, in the Anbar province of Iraq, fled Iraq following the alleged murder, and later settled in Sacramento as a purported refugee. It is alleged that Ameen痴 family supported and assisted the installation of al-Qaeda in Iraq (AQI) in Rawah, and that Ameen was a member of AQI and ISIS. It is also alleged that he participated in various activities in support of those terrorist organizations, including helping to plant improvised explosive devices, and committing the murder that is the subject of the extradition request. Ameen concealed his membership in those terrorist groups when he applied for refugee status, and later when he applied for a green card in the United States.

    The details contained in the charging document are allegations and have not been proven in court.

    Today痴 arrest and the subsequent extradition are the product of a coordinated effort by the U.S. Department of Justice, the U.S. Department of State, the FBI in particular the FBI Sacramento Field Office which provided considerable resources to further this investigation and ensure the safety of the American people throughout it and ICE-Homeland Security Investigations.
  4. Sheriff Arpaio痴 Unlawful Actions Lead Court to Find Frimmel Has No Liability

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC




    Just when you thought Sheriff Joe Arpaio could not cause further trouble because he痴 out of office, he strikes again in an immigration case.

    This case centers on a Notice of Inspection (NOI) that was delivered to Frimmel Management after Sheriff Arpaio痴 police force, Maricopa County Sheriff痴 Office (MCSO), conducted raids of two Uncle Sam痴 restaurants and the owner痴 home. MCSO seized employment records based on suspicion that the restaurants workers committed identity theft and forgery. During the State of Arizona痴 prosecution of Frimmel, the state court found the affidavits supporting the search warrant for the raids were 砥nreasonable and reckless. Therefore, the Court dismissed the charges against Frimmel.

    One day after MCSO痴 raids, MCSO sent a memorandum to ICE summarizing the results of the unlawful raid. Thereafter, MCSO issued press releases publicizing their raids and stated some of the workers had been put on ICE holds.

    About two and one-half weeks after the raids, ICE served a NOI/subpoena on Frimmel. After Frimmel timely produced the restaurants I-9 forms, ICE issued a Notice of Intent to fine (NIF) and a complaint for the case to be heard by an OCAHO Administrative Law Judge.

    In response to Frimmel痴 objections, this ALJ found that how Frimmel had come to the attention of ICE was 妬rrelevant to the OCAHO case. Frimmel also argued the I-9 forms must be suppressed under the fruit of the poisonous tree doctrine. The ALJ disagreed and found ICE had not relied on any 兎vidence directly obtained from MCSO痴 unlawful conduct. Since the primary goal of suppressing evidence based on illegal conduct is to deter future unlawful police conduct, this was not a factor in question in the ICE痴 NOI of Frimmel. Thus, the ALJ upheld the $347,000 penalty.

    On appeal to the 9th Circuit Court of Appeals, the Court initially reviewed MCSO痴 conduct. It found that MCSO痴 omissions and distortions in the affidavits for the search warrant were 途eckless and immaterial. Thus, this finding led the 9th Circuit to find the raids violated the 4th Amendment to the Constitution.
    Furthermore, the Count found MCSO痴 conduct to be egregious.

    Despite those findings, DHS argued the 的CE investigation was too attenuated from MCSO痴 illegal conduct Under the attenuation doctrine, evidence is admissible when 鍍he connection between the illegality and challenged evidence has become so attenuated as to dissipate the taint caused by the illegality.

    The Court rejected that argument and found there was a causal connection between MCSO痴 unlawful search and the ICE audit. The identity evidence Frimmell and his restaurants resulted from MCSO痴 raid, which 都ignificantly directed the subsequent ICE investigation. Thus, the I-9 forms which ICE seized were fruit of MCSO痴 illegal search.

    In conclusion, the 9th Circuit found for Frimmel because ICE used the fruit of the poisonous tree the I-9 forms. Thus, Frimmell did not owe the $347,000 that OCAHO had found as penalties.

    Although very few cases get litigated to the Court of Appeals, companies continue to have some success in appeals to the Courts of Appeal. Several years ago, the 5th Circuit Court of Appeals reversed OCAHO痴 $227,000 penalty against Employer Solutions Staffing Group II, LLC.

    If you want to know more information on employer immigration compliance, I recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and available at http://www.amazon.com/dp/0997083379.
  5. 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 attorney and graduate of Harvard College and Harvard Law School who has been practicing immigration law for 40 years. He concentrates mainly in the areas of skilled and professional work visas (H-1B); extraordinary ability business, scientific and artist visas (O-1); and green cards through PERM Labor Certification and family relationships. He also represents F-1 students who are beginning their business or professional careers.

    Roger represents immigrants from diverse parts of the world. He believes that respecting the fundamental American values of racial equality and 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 history.

    Roger's email address is algaselex@gmail.com


    Updated 08-15-2018 at 09:23 AM by ImmigrationLawBlogs

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