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  1. Trump, strike a deal: Trade border wall funding for DACA protections. By Nolan Rappaport



    © Getty

    Congress must extend government funding by September 30 and has until mid-October to raise the debt ceiling, and President Donald Trump is threatening to veto any funding bill that does not include money for the wall he has promised to build on the southwest border.

    “If we have to close down our government,” he said, at his rally in Phoenix last week, “we’re building that wall.”

    A 16-day shutdown in 2013 resulted in an estimated loss of $24 billion in economic output and shaved 0.6 percent off the nation's economic growth. But failure to raise the debt limit would be even more serious.

    Unless a law is passed to raise the debt limit, the government will run out of money to pay its bills, which would trigger a default. This would jeopardize the world’s faith in America’s ability to pay its bills and that faith serves as the underpinning of the entire global financial system.

    The risks are high on both ends of this equation — financial security and border security. Indeed, it has not been possible to erect even a virtual wall along the length of the southwest border.

    In September 2006, CBP awarded Boeing a contract to build the Secure Border Initiative Network (SBInet), a virtual wall of technological devices that was supposed to provide border patrol officers with the information needed to maintain operational control of what was happening along the entire length of the southwest border.

    It was a complete failure. When former DHS Secretary Janet Napolitano terminated the program in January 2011, it had cost taxpayers almost $1 billion to complete two regions covering a total of only 53 miles of the 2,000-mile border.

    Despite the difficulty of the task, give Trump a chance to show what he can do. This can be done by properly funding the existing border security legislation.

    Read more at
    http://thehill.com/blogs/pundits-blo...nding-for-daca

    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 08-28-2017 at 02:36 PM by ImmigrationLawBlogs

  2. USCIS will Increase Number of Applicant Interviews

    by , 08-28-2017 at 01:30 PM (Matthew Kolken on Deportation And Removal)
    Protecting the Integrity of the Immigration System:
    USCIS will Increase Number of Applicant Interviews
    Agency Develops Strategy to further Detect and Deter Immigration Fraud

    WASHINGTON –U.S. Citizenship and Immigration Services has begun a multiphase approach to expand interviews across benefit types, focusing on benefits that, if granted, allow an individual to permanently reside in the United States. Conducting these in-person interviews will further strengthen the agency’s fraud detection and national security initiatives.


    This change complies with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” and is part of the agency’s comprehensive strategy to further improve the detection and prevention of fraud and further enhance the integrity of the immigration system.

    Effective Oct. 1, USCIS will begin to phase in interviews for:

    • Adjustment of status applications based on employment (Form I-485, Application to Register Permanent Residence or Adjust Status).


    • Refugee/asylee relative petitions (Form I-730, Refugee/Asylee Relative Petition) for beneficiaries who are in the United States and are petitioning to join a principal asylee/refugee applicant.


    “USCIS is collaborating with our federal partners to develop a uniform baseline for screening and vetting standards and procedures. Part of our USCIS strategy to support this uniform baseline is the incremental expansion of interviews for those benefit types which would provide permanent residence in the United States,” said Acting USCIS Director James W. McCament.

    Conducting interviews will provide USCIS officers with the opportunity to verify the information provided in the application directly with the individual(s), discover new information that may be relevant to the adjudication, and determine the credibility of the individual(s) seeking permanent residence in the United States. USCIS will meet the additional interview requirement through enhancements in training and technology as well as transitions in some aspects of case management.

    Additionally, individuals can report allegations of immigration fraud or abuse by completing ICE’s HSI Tip Form.

    For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis) and Instagram (@USCIS).


    - USCIS

    Updated 08-28-2017 at 01:32 PM by MKolken

  3. Realty Company Pays Over $100,000 to U.S. Workers to Settle Discrimination Claims

    By: Bruce Buchanan, Sebelist Buchanan Law

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    The Department of Justice announced Barrios Street Realty LLC, a Louisiana company, has paid approximately $108,000 to 12 U.S. workers pursuant to a settlement with DOJ. The payments are part of a March 2016 settlement that resolved claims that Barrios discriminated against U.S. workers in violation of the Immigration and Nationality Act (INA).

    The investigation found in July 2014, Barrios Street Realty and Jorge Arturo Guerrero Rodriguez failed to consider or improperly rejected 73 U.S. workers who applied for positions as sheet metal roofers or laborers, and then solicited foreign workers to fill these positions. The Office Special Counsel (later re-named Immigrant and Employee Rights Section) of the Department of Justice determined the company’s applications for foreign workers falsely claimed that its earlier efforts to fill the sheet metal and laborer positions failed to identify qualified U.S. workers. Refusing to consider or hire qualified U.S. workers because of their citizenship violates H-2B regulations and the INA’s anti-discrimination provision.

    The settlement required Barrios to pay $30,000 in civil penalties and up to $115,000 in back pay to compensate U.S. workers who were denied employment because of the company’s reliance on H-2B visa workers. After entering the settlement, the department determined that 12 U.S. workers were entitled to receive back pay totaling approximately $108,000, and the company made the final payments to the workers last week.

    This settlement is another effort by the Department of Justice to protect American workers. You might President Trump discuss this settlement in an upcoming speech as the Administration’s efforts to protect American workers.
  4. USCIS MIND-NUMBINGLY TO REQUIRE IN PERSON INTERVIEWS FOR I-485s

    by , 08-28-2017 at 10:47 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The USCIS on Friday announced that all employment-based Adjustment of Status applicants (Form I-485) will now be subject to an in-person interview before the USCIS approves the green card. Politico first reported the story.

    This is a colossal waste of everyone’s time and money. It shows this Presidential administration’s complete disregard for government efficiency when they have the option to pander to their base. The USCIS is using “extreme vetting” as the rationale for this new in-person interview requirement. In reality of course, his administration is anti-immigrant and uses any excuse it can muster to inconvenience and harass contributing immigrants.


    How stupid is this policy change? Employment-based I-485 applicants will have already been in the United States for years before this useless interview. For instance, most Indian-born nationals average 10-15 years of US status before they are eligible to receive the green card. Any damage that they wished upon the US would surely have happened in the 10-15 years before that interview. Terrorists, as a class, are not the type of people who work at a gainful job for years, diligently file countless immigration papers, and have no criminal record, all of which is required before any such interview would happen.

    The USCIS knows this, which is why they long-ago waived the interview requirement for employment-based immigrants. Back then, USCIS recognized that in a government of scarce resources, its scarce resources could much better be used to find real threats to US. This policy change reveals just how tone deaf the President is as to who actually contributes to the richness of American life.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook, Twitter and LinknedIn.

    Updated 09-12-2017 at 02:28 PM by CMusillo

  5. Letters of the Week: August 28 - September 3

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