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  1. Letters of the Week: December 18 - December 24


    by , 12-18-2017 at 09:41 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    In yet another anti-business immigration measure, the Trump demonstration has begun taking steps to eliminate H-4 EADs. Some outlets are reporting that the H-4 EAD rule could be rescinded as soon as February 2018. News reports have been predicting the end of H-4 EADs for several months.

    Now, the Administration has published notice that it intends to ďmodifyĒ the program. Most expect that the modification will be the elimination of the H-4 EAD program.

    This rule is yet another example that Pres. Trump is not just against illegal immigration, he is against any immigration. There is no rational basis to make this change, other than as a gift to his xenophobic followers. He would eliminate hundreds of thousands of taxpayers at a time when the federal deficit is expected to increase by $1.4 trillion.

    Traditionally when programs like this end, the government allows those with valid EADs to continue to be able to work until the end of the EAD period. Accordingly, MU Law advise those H-4 spouses who are eligible for EADs to file immediately. Likewise, if your H-4 EAD is set to expire in the next few months, you should immediately file an EAD extension.


    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at and You can also visit us on Facebook, Twitter and LinknedIn.
  3. Trump Continues Attempt to Abolish 1965 Racially Diverse Immigration Law and Bring Back Bigoted 1924 Law by Attacking Family Immigration. Roger Algase

    On December 16, Donald Trump, in his weekly address,

    continued his demagogic attempts to use a recent terror attack and a second attempted terror attack in New York by deranged, apparently radicalized, Muslim immigrants acting on their own as a pretext for promoting his larger agenda of ending the racially diverse immigration system that America has had for the past half century.

    He did so by attacking family immigration, which is the foundation of America's 1965 law that abolished the white supremacist immigration quotas in the 1924 "national origins" immigration law. The 1924 law, in turn, inspired Adolf Hitler, according to Hitler's own statement in Mein Kampf.

    See: The Guardian: Hitler's debt to America

    90 years later, then Senator Jeff Sessions (R-AL) who is now Trump's attorney general, had high praise for that same bigoted 1924 law which Trump and his white nationalist supporters are now trying to bring back in principle, if not in the exact letter.

    In his December 16 address, Trump began by saying

    "Our current immigration helps special interests, but hurts American workers, taxpayers and national security."

    It is difficult to imagine more cynical and misleading statements on every topic mentioned than the ones contained in this single brief sentence.

    First, what does Trump mean by the "special interests" which are allegedly benefited by the current immigration system?

    Those "special interests", according to Trump. are the tens of millions of immigrants from every part of the world who have been able to come to America during the past 50 years under the 1965 law's non-discriminatory system based in large part on family immigration.

    These "special interest" immigrants were mainly people who would have been barred from America under the 1924 law because they were from Asia, the Middle East and Africa, or because they were Jews and Catholics from Eastern and Southern Europe rather than citizens of the "Nordic" countries favored by the 1924 law.

    In other words, Trump is, in effect, calling all Asian, Middle Eastern and African immigrants who have immigrated to the US legally over the past half century members of "special interests"!

    This kind of openly racial dog-whistle may make Trump's white nationalist and alt-right supporters happy, but it is particularly reprehensible in view of the fact that Trump himself has considerable expertise in serving the real special interests - most recently the wealthy individual and large corporate campaign donors who will benefit most from huge Republican tax cuts that threaten the continued existence of Social Security, Medicare and many other government programs that are vitally important to many millions of middle class and working class Americans. With regard to the dangers to Medicare and Social Security in particular, see:

    Trump also says that immigration in its present form "hurts American workers". How much does this cynical comment reflect any real concern for American workers, millions of whom will be devastated by Trump and his party's tax "reform" boondoggle for the super-wealthy that could wipe out social safety net and healthcare protections for millions of American families?

    How much concern are Trump and his party showing for protecting the union benefits, minimum wages, equal pay protections and safety/environmental protections that safeguard the health and lives of American workers?

    About the same amount of concern that Marie Antoinette showed for her starving people whom she told to "eat cake."

    The hypocrisy in Trump's attempt to demonize mainly non-white immigrants for the effects of his own administration's and party's economic policies on ordinary Americans goes beyond appalling.

    And as far as alleged harm to American taxpayers arising from admitting legal immigrants from diverse parts of the world, not just primarily Europe as was the case before 1965, the president's timing in making this remark could not possibly be worse. According to many news reports, The president and his party are now in the process of ramming through a tax bill which would vastly enrich the wealthiest campaign donors at the expense of millions of ordinary wage earners, who would either get minimal tax relief, or actually see their taxes go up.

    A September 29 article about an earlier version of the bill (that was not essentially different from what is known about the current version) in the respected business magazine Forbes, not known as a left wing or partisan publication, says it all in the title:

    Despite Promises To The Contrary, Trump Tax Plan Heaps Biggest Benefits On The Rich

    Blaming an immigration system which has been relatively open to immigrants from all over the world, not just mainly Europe, for the past 50 years for the harm that the tax bill that the president is actively trying to help push through Congress will do to ordinary Americans is the worst form of demagogy.

    (Since this is not a site that deals with tax issues except as they relate to immigration, I will not go into any further discussion of this point raised by the president in his above speech.)

    The above does not by any means deal with the worst part of Trump's speech, which is the part blaming immigrants for national security problems.

    I will have more to say about Trump's short but seriously misleading and deceptive December 16 address, and its ominous implications for future immigration policies under his presidency, in a forthcoming comment.

    Updated 12-18-2017 at 12:36 PM by ImmigrationLawBlogs

  4. Trump Recalls Worst of the Worst Campaign Demagoguery vs. Mexican Immigrants by Calling Diversity Immigrants "Worst of the Worst". Roger Algase

    Way back in June 2015, before we all got used to Donald Trump's anti-immigrant rants, he shocked the conscience of America and the world, by launching a hate-filled attack against Mexican immigrants as "criminals", "rapists" and drug dealers, beginning with the charge that Mexico is "not sending their best" people to the United States.

    At that time, at least Trump had the excuse that large millions of the Mexican immigrant targets of this racist attack were in the United States without authorization, so he could claim with justification that they had broken the law. Moreover, even though calling them all "criminals", "rapists" and drug dealers was nothing more than a vicious lie, Trump could point to the fact that at least a small percentage of Mexican immigrants do in fact fall into the above categories (even though studies seem to agree that the crime rate among unauthorized immigrants is actually lower than it is among native born American citizens).

    Now, Trump has gone even beyond his despicable 2015 attack on Mexican immigrants.

    Using very similar language, Trump is now demonizing over a million people from all over the world who have immigrated to the US legally in the past 2 decades under the diversity green card visa lottery program and, so far as available reports indicate, have caused few if any problems in America. (The only reported exception, so far as anyone is aware, is the one single radicalized lone wolf immigrant who carried out his own personal terror attack in New York on October 31. See also the report cited below.)

    Huffington Post reports that in his latest exercise in open and shameless demagoguery, Trump gave a speech in Quantico, Virginia on December 15 making the following accusations, according to its article:

    "President Donald Trump on Friday accused foreign nations of manipulating a visa lottery program to send the United States their 'worst of the worst' - a complete misrepresentation of how the State Department's program actually works."

    The Huffpost's report continues

    "In fact, foreign leaders have zero control over the entrants or the winners of the diversity lottery. Nor do they control the vetting process, which requires the same security checks as many other immigration paths to the US."

    The article then goes on to quote Trump's exact words, as follows:

    "You think the country is giving us their best people? No...What kind of a system is that? They come in by a lottery. They give us their worst people, they put them in a bin. But in his hand when he's picking them is really the worst of the worst. 'Congratulations, you're going to the United States.'"

    The appalling falsity of calling these immigrants, many of whom are now US citizens and are therefore just as much Americans as Trump himself, drew the following comment from David Bier of the libertarian-leaning Cato Institute (which cannot be called a left, liberal or immigrant advocacy organization by any stretch of the imagination), according to the same Huffpost article:

    "'t's beyond insulting - it's totally malevolent...I can't wrap my mind around the fact that the fact that the president just told the entire world that these million people are the worst of the worst, to use his expression. It's not true."

    There is simply no rational basis for claiming that the visa lottery program can be manipulated or used by terrorists to come into the United States; and of the million or more people who have immigrated to the US legally under this program, only one other person besides the October 31 attacker has ever been suspected of having terrorist sympathies or intent, according to available information.

    What then, is the real reason for Trump's malicious and delusional attack on the DV visa lottery program? The answer is simple: Before 1994, when the predecessor to this program, known as the AA-1 visa lottery, was in effect, there were no attacks on the program from immigration opponents (much less from Donald Trump himself).

    At least I do not recall hearing any objections to the AA-1 lottery from anyone in Congress or the media, even though I was personally familiar with the program and represented clients seeking to immigrate under that program myself.

    Why were there no objections to that program - no claims that the countries involved were sending their "worst" people to the United States under that program and no calls (that I can remember at least) to abolish that lottery as being harmful to the United States?

    The reason is clear. The AA-1 visa lottery, unlike its successor, the current DV program, was almost entirely limited to European and other predominantly white countries. The only countries on the list that were not predominantly white were Japan and Indonesia.

    It was only when the green card lottery became open to people from countries in every part of the world and the great majority of immigrants under the program came from outside Europe, as is the case now under the DV-program, that it started coming under attack. According to the latest statistics, if I am not mistaken, some 40 percent of the successful lottery immigrants each year come from Sub-Saharan Africa, and most of the rest come from Asian and Latin America.

    Therefore, the evidence is simply inescapable that the attempt to eliminate the DV lottery is part of a larger agenda to reduce or eliminate many, if not all, visa programs which have enabled millions of non-white immigrants to come to the US legally over the last few decades. This agenda includes ending what Trump and his supporters derogatorily call "chain migration" (as in the above Huffpost article also), and which everyone else calls reuniting families; ending or reducing less skilled immigration (except for H-2B cooks and gardeners working at Trump's own resorts, of whom he sponsored around 70 this year alone); and attacking skilled immigrant visas popular with well-educated Asian immigrants especially, such as H-1B, under the president's so-called "Buy American, Hire American" executive order and by other means.

    This is not to mention Trump's various versions of the Muslim Ban orders; his cancellation of DACA; and his support for the RAISE Act, which would once again make Europe the center and focus of all US immigration categories, in a throwback to the openly racist "national origins" immigration act of 1924 which excluded immigrants from Asia, Africa and the Middle East entirely and also barred most of the world's Jews - thereby eventually adding to the death toll in the Holocaust.

    What is particularly disturbing about Trump's immigration policies, of which the proposal to abolish the Diversity Visa is only one small part, is not merely the white supremacist ideology that underlies his policies. Trump is certainly not the first Republican politician in the past 20 or more year to pursue this type of agenda.

    But few of these other immigration opponents, even those who have been the strongest advocates of reducing immigration, have pursued this agenda with the openly expressed venom, falsehoods and hatred toward minority immigrants which Trump has in effect made his trademark, and for which his presidency may be remembered more by future historians than any other single feature.

    The above is not to say that a lottery is necessarily the best way to select permanent resident immigrants, any more than it makes any sense to use a lottery as a standard for selecting H-1B skilled workers, as is currently the case due to the long standing refusal by Congress to consider any attempt to make enough visas available under this program to meet the demand for skilled foreign workers by US employers

    But the question is not what is the best way to select immigrants. It is whether considerations of how best to pick immigrants should be distorted by the kind of openly racial antagonism, vilification and, yes, cruelty that Trump has exhibited toward immigrants from Asia, Latin America, the Middle East and other non-white parts of the world without let-up from the time he announced his candidacy for president up until the present time.

    Roger Algase
    Attorney at Law

    Updated 12-17-2017 at 06:55 PM by ImmigrationLawBlogs

  5. Report Documents Concerns about ICE Detainee Treatment and Care at Detention Facilities

    by , 12-15-2017 at 08:09 AM (Matthew Kolken on Deportation And Removal)
    Via The Office of the Inspector General:

    In response to concerns raised by immigrant rights groups and complaints to the Office of Inspector General (OIG) Hotline about conditions for detainees held in U.S. Immigration and Customs Enforcement(ICE) custody, we conducted unannounced inspections of five detention facilities to evaluate their compliance with ICE detention standards.

    Our inspections of five detention facilities raised concerns about the treatment and care of Ice detainees at four of the facilities visited. Overall,we identified problems that undermine the protection of detainees’ rights, their humane treatment, and the provision of a safe and healthy environment. Although the climate and detention conditions varied among the facilities and not every problem was present at all of them, our observations, interviews with detainees and staff,and our review of documents revealed several issues. Upon entering some facilities, detainees were housed incorrectly based on their criminal history. Further, in violation of standards, all detainees entering one facility were strip searched.Available language services were not always used to facilitate communication with detainees. Some facility staff reportedly deterred detainees from filing grievances and did not thoroughly document resolution of grievances. Staff did not always treat detainees respectfully and professionally, and some facilities may have misused segregation. Finally, we observed potentially unsafe and unhealthy detention conditions.

    Click here to read the report.

    Updated 12-15-2017 at 09:40 AM by MKolken

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