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  1. GLOBAL COMPACT FOR SAFE, ORDERLY AND REGULAR MIGRATION. July 11, 2018

    We, the Heads of State and Government and High Representatives, meeting in Morocco on 10 and 11 December 2018, reaffirming the New York Declaration for Refugees and Migrants and determined to make an important contribution to enhanced cooperation on international migration in all its dimensions, have adopted this Global Compact for Safe, Orderly and Regular Migration

    PREAMBLE


    1. This Global Compact rests on the purposes and principles of the Charter of the United Nations.
    2. It also rests on the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; the other core international human rights treaties1; the United Nations Convention against Transnational Organized Crime, including the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children and the Protocol against the Smuggling of Migrants by Land, Sea and Air; the Slavery Convention and the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery; the United Nations Framework Convention on Climate Change; the United Nations Convention to Combat Desertification; the Paris Agreement2; the International Labour Organization conventions on promoting decent work and labour migration3; as well as on the 2030 Agenda for Sustainable Development; the Addis Ababa Action Agenda; the Sendai Framework for Disaster Risk Reduction, and the New Urban Agenda.
    3. Discussions about international migration at the global level are not new. We recall the advances made through the United Nations High-level Dialogues on International Migration and Development in 2006 and 2013. We also acknowledge the contributions of the Global Forum on Migration and Development launched in 2007. These platforms paved the way for the New York Declaration for Refugees and Migrants, through which we committed to elaborate a Global Compact for Refugees and to adopt this Global Compact for Safe, Orderly and Regular Migration, in two separate processes. The two Global Compacts, together, present complementary international cooperation frameworks that fulfil their respective mandates as laid out in the New York Declaration for Refugees and Migrants, which recognizes that migrants and refugees may face many common challenges and similar vulnerabilities.

      1. Refugees and migrants are entitled to the same universal human rights and fundamental freedoms, which must be respected, protected and fulfilled at all times. However, migrants and refugees are distinct groups governed by separate legal frameworks. Only refugees are entitled to the specific international protection as defined by international refugee law. This Global Compact refers to migrants and presents a cooperative framework addressing migration in all its dimensions.
      2. As a contribution to the preparatory process for this Global Compact, we recognize the inputs shared by Member States and relevant stakeholders during the consultation and stocktaking phases, as well as the report of the Secretary-General, ďMaking Migration Work for AllĒ.
      3. This Global Compact is a milestone in the history of the global dialogue and international cooperation on migration. It is rooted in the 2030 Agenda for Sustainable Development and the Addis Ababa Action Agenda, and informed by the Declaration of the High-level Dialogue on International Migration and Development adopted in October 2013. It builds on the pioneering work of the former Special Representative of the Secretary-General for International Migration and Development, including his report of 3 February 2017.
      4. This Global Compact presents a non-legally binding, cooperative framework that builds on the commitments agreed upon by Member States in the New York Declaration for Refugees and Migrants. It fosters international cooperation among all relevant actors on migration, acknowledging that no State can address migration alone, and upholds the sovereignty of States and their obligations under international law.





    Read more at https://www.un.org/pga/72/wp-content.../migration.pdf



    Posted by Nolan Rappaport

    Updated 07-14-2018 at 10:36 PM by ImmigrationLawBlogs

  2. Trump's Racist Rants Against Immigrants Who are "Losing" or "Violently Changing" Europe's "Culture" Echo Nazis and US White Supremacists. Roger Algase

    The following comment has been revised as of July 15 at 1:00 pm, and is still in progress.

    As I have made clear many times in my previous comments, I have never claimed that Donald Trump is a Nazi, a fan of Hitler, an antisemite or a supporter of genocide or mass murder against anyone or any group of people. This would be as far from the truth as one could imagine.

    What I am contending is that in his attacks on Latin American, Muslim and black immigrants, while attempting to demonize and vilify them as dangerous outsiders who threaten the stability, welfare and even existence of America as a country, this president is using tactics, and even language, which bring back at least echoes of Nazi attacks on the Jews and other "outsiders" who were accused of "poisoning German culture" ,

    (as the US Holocaust Memorial Museum describes in its extract called: Defining the Enemy. I cannot find a working link; please go to Google to access.)

    Obviously, Trump's attacks on brown immigrants are not in any way leading to mass murder or anything remotely approaching it. But his demonization and dehumanization of non-white immigrants have already lead to at least one appalling human rights violation, the forced separation and incarceration of young children torn away from their parents.

    While some children have already been released from the cages and shackles where many had been confined by the Trump regime in an effort to punish and intimidate their parents in the name of "deterrence", some others may never be reunited; and America has already has already suffered damage to its fundamental values as a nation of justice, basic compassion and humanity which might take years, or decades, to recover from.

    With the above as introduction about events that are already past, why are Trump's latest racist rants against African, Middle Eastern and other non-white immigrants in Europe so full of ominous implications of American immigration policy right now, at the present, and in the immediate future?

    To understand this, we need to look at three factors - first, what Trump actually said about non-white immigrants in Europe; second, how this compares with, not only Nazi attacks on the Jews, but with the language that US white supremacists have been using against immigrants for at leas the past 50 years, if not for more than a century; and third, what this means for current US immigration policy in the light of recent drastic changes in handling petitions and applications for legal immigration benefits recently announced by USCIS, which will be discussed in detail in my forthcoming comment on that topic.

    The following will show that, in Donald Trump's America, even legal immigrants who do not happen to be from "Countries like Norway", but who have darker complexions, are facing - not mass extermination by any stretch of the imagination, but mass exclusion from the US instead; while millions of other brown immigrants face the threat of mass expulsion, and the democratic rights and freedoms of the American people are in danger of mass extinction.

    I will begin with what Trump has actually been saying about Muslim and other non-white immigrants in Europe.

    First, the following, from a comment Trump made to a British newspaper only a few days ago while he was in Brussels, just befor leaving for the UK:

    "I think what has happened in Europe is a shame. Allowing the immigration to take place in Europe is a shame. I think it changed the fabric of Europe and, unless you act very quickly, it's never going to be what it was and I don't mean that in a positive way...I think you are losing your culture. Look around."

    https://www.alternet.org/trumps-clai...-be-challenged

    Next, there is his June 18 tweet, as quoted in thinkprogress.org:

    "The people of Germany are turning against their leadership as migration is rocking the already tenuous Berlin coalition. Crime in Germany is way up. Big mistake made all over Europe is allowing millions of people in who have so strongly and violently changed their culture!"

    https://thinkprogress.org/trump-immi...-8080be2c9287/

    Three things stand out about these two remarks:

    First, the Big Lie, without which, it seems, almost none of Trump's statements of any kind relating to immigration would be complete.

    ThinkProgress
    comments about Trump's above tweet as follows:

    "Multiple studies have shown that, despite the increase in immigration to parts of Europe over the past few years, the number of crimes committed by migrants and refugees is still low."

    This parallels similar reports of US studies which conclude that the violent crime rate among immigrants in the US, including unauthorized immigrants, is not any higher than among native-born American citizens.

    https://www.npr.org/2018/05/02/60765...-violent-crime

    and, according to some reports, may even be significantly lower:

    https://www.nytimes.com/interactive/...tion-myth.html

    To be continued.

    Updated 07-15-2018 at 03:36 PM by ImmigrationLawBlogs

  3. AUGUST 2018 VISA BULLETIN: LATEST UPDATE AND ANALYSIS

    by , 07-13-2018 at 09:46 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just issued the August 2018 Visa Bulletin. This is the eleventh Visa Bulletin of Fiscal Year 2018. This blog post analyzes this month's Visa Bulletin. The August and September Visa Bulletins always are a little unusual. We invite you to read our FAQ on these Visa Bulletin.


    August 2018 Visa Bulletin

    Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.


    EB

    Class
    All Other
    CHINA
    INDIA
    MEXICO
    PHIL'PNES
    EB-1
    01MAY16
    01JAN12
    01JAN12
    01MAY16
    01MAY16
    EB-2
    C
    01JAN15
    01MAR09
    C
    C
    EB-3
    C
    01JUL14
    01JAN09
    C

    01JUN17

    Table B: Dates for Filing -- The DOS may work on applications with these dates. But the Visa cannot be approved until the date is current per Table A.


    EB


    Class
    All Other
    CHINA
    INDIA
    MEXICO
    PHIL'PNES
    EB-1
    C
    C
    C
    C
    C
    EB-2
    C
    01APR15
    22MAY09
    C
    C
    EB-3
    C
    01JAN16
    01MAY09
    C

    01JUL17


    MU Law Analysis (all references are to Table A unless noted)


    All Other: The EB-2 has been current for many years. The EB-3 is also current and is expected to remain current for the foreseeable future. The EB-1 retrogression is temporary and is because of the reasons listed on the above-linked FAQ.

    China (mainland-born): China EB-3 (Chart A) moved favorably by 18 months. This move was done to spur filings in this category before the end of the fiscal year.

    India: As with China, the retrogression of India EB-1 probably means that there will not be a forward progression until after October 1, 2018. EB-3 continued its steady progress, improving by to months. India EB-3 should continue to steady progress into FY 2019.

    Mexico: Mirrors All Other in analysis.

    Philippines: Phils EB-3 improved by 6 months, which is terrific, but probably temporary. The DOS is trying to encourage filings in this category before the end of the fiscal year. The EB-1 retrogression is of no consequence, and is simply reflective of the fact that all countries' EB-1 demand was higher than expected in FY2018. It will be Current in October 2018.

    ___________
    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.
  4. Kavanaugh Ruled That Broad Federal Power Protected US Torturers in Lawsuit by Iraqi Victims. How Will He Protect Immigrants From Abuse? Roger Algase

    In a horrific and depressing 2009 decision, Judge Brett Kavanaugh, Donald Trump's new choice for the Supreme Court, joined with the Chief Judge of the D.C. Circuit in a 2-1 decision throwing out a civil tort lawsuit by Iraqi victims of the horrendous torture carried out at the notorious Abu Ghraib prison by US military contractors under the G.W. Bush administration.

    Even though the contractors involved were not part of the US military, and there was no allegation that their hideous torture of Iraqi civilians was carried out under the direction of the military or any other US government personnel, Kavanaugh joined Chief Judge Silberman in dismissing the lawsuit as an infringement of broad federal power, in this case, on the "battlefield" (as the two judges evidently referred to the prison's torture chambers).

    Sadly, but very significantly, the only voice in favor of the rights of the tortured, rather than the torturers, came in a dissent in the three- judge panel from Judge Merrick Garland, President Barack Obama's choice to fill a vacant Supreme Court seat, whom the Republican Congressional majority did not even allow to have a confirmation hearing.

    The case is Saleh v. Titan Corporation No. 08-7008, decided on September 11, 2009.

    This lawsuit (actually two combined separate cases against different defendants) did not deal directly with immigration issues, but the decision by Kavanaugh and the Chief Judge to the effect that torture victims in effect have no rights in the face of the broad power of the federal government could very possibly show what his attitude may be toward immigrants seeking to protect themselves or recover damages in the federal courts for the abuse and mistreatment they have been subjected to under Trump's inhuman child separation policy (and other egregious abuses, dating back not only to the beginning of his regime, but also to President Barack Obama's administration).

    While the majority decision that Kavanaugh joined was full of lengthy arcane discussions about federal/state preemption law, the basic thrust of the decision was to conflate torture inflicted by private contractors who were not military personnel, not fighting in any battles, and were not even acting under the direction or control of the US military as they inflicted horrible tortures on civilians at a prison removed from any battlefield, with military action itself.

    In the words of the decision:

    "As the Ninth Circuit has explained, the combatant activities exception was designed 'to recognize that during wartime encounters [,] no duty of reasonable care is owed to those against whom force is directed as a result of authorized military action'...

    Yet, it is clear that all the traditional rationales for
    tort law deterrence of risk-taking behavior...are singularly out of place in combat situations, where risk-taking is the rule."

    While the above language is certainly nowhere near the Nazi claim to the effect that "since Germany is at war, we have to kill the Jews, the above kind of argument stands at least at the beginning of the road that leads in that direction. What does torture of civilians by private contractors who are not soldiers and not acting under military direction have to to with military combat?

    This same emphasis on supporting governmental power at the expense of the basis human rights of individuals can just as easily play out in the area of immigration policy, where the Trump administration has been claiming the power to use extreme measures which violate one of the most fundamental of all human rights, namely the bond between parent and child, in support of its policy of "protecting US borders" (against brown immigrants).

    When it comes to dealing with the horrendous effects of this and other human rights abuses carried out with the goal of "deterring" unauthorized immigration by people from what Trump calls "shithole" (i.e. non-white) countries, which side will Justice (to be) Kavanaugh be on - the side of basic humanity, or the side of uncontrolled governmental power?

    My forthcoming post will discuss Judge Merrick Garland's dissent in this case, and show how much America lost in terms of protecting our deepest and most essential human values, and our basic liberties, when the Senate leadership set the stage for Donald Trump to make this crucial Supreme Court appointment, rather than President Obama.
    ____________________________
    Roger Algase is a New York immigration lawyer and graduate of Harvard College and Harvard Law School. For more than 35 years, he has been helping mainly skilled and professional immigrants obtain work visas and green cards. His practice focuses on specialty occupation (H-1B) and extraordinary ability (O-1) work visas; and green cards through labor certification, and through marriage or other family relationships.

    Roger also writes about immigration law from the standpoint of racial equality, equal justice before the law and fundamental human rights, all of which are now under unprecedented attack. Roger's email address is
    algaselex@gmail.com

    Updated 07-13-2018 at 09:01 AM by ImmigrationLawBlogs

  5. EOIR Announces New Electronic Records Management Features in Immigration Courts

    by , 07-12-2018 at 01:42 PM (Matthew Kolken on Deportation And Removal)
    The Executive Office for Immigration Review (EOIR) is pleased to announce a new information technology program to improve immigration court case management and how you interact with courts.

    The EOIR Courts & Appeals System (ECAS) initiative is part of an overarching information technology modernization effort at our agency. The goal of ECAS is to phase out paper filing and processing, and to retain all records and case-related documents in electronic format. In support of the EOIR mission, it will further enable the timely and fair adjudication of immigration cases.

    We are inviting you to be part of this effort

    EOIR used an iterative development process to ensure optimal functionality. But before we fully implement our electronic-filing initiative in 2019, a pilot program in six cities will help us identify user challenges, if any, and the best way to address them.

    1. San Diego: July 16
    2. York: July 30
    3. Denver: August 13
    4. Atlanta: August 27
    5. Charlotte: September 24
    6. Baltimore: September 24

    We would like you to join the pilot program if you have cases in any of the cities listed above. Your participation in the pilot program will allow you to submit forms and case-related documents through a new website application.

    We envision immense benefit from this modernization effort to you and EOIR staff alike. The ability to electronically file documents should reduce travel time to court. You will also be able to remotely download and view an entire Record of Proceedings for cases.

    Please sign up for the pilot program

    To participate in the pilot program, register with EOIR through eRegistry (https://www.justice.gov/eoir/internet-immigration-info) and obtain an user-identification number if you have not already done so. Upon completion of the registration process or if you are already registered with EOIR, you can access a portal called eInfo. Upon accessing eInfo beginning July 7, 2018, you will see terms and conditions in a pop-up box. After accepting the terms and conditions, you will be able to participate in the pilot for all cases for which a Notice of Entry of Appearance has been filed.

    You can learn more about the overall ECAS initiative and view training videos, frequently asked questions, and user guides on our website (https://www.justice.gov/eoir/internet-immigration-info). If you need assistance with eRegistry, please email EOIR at eRegistration.info@usdoj.gov.

    Your support is vital to our development of new case-management tools for immigration courts under the ECAS initiative. I encourage you to participate and believe you will be satisfied with the result.

    MaryBeth Keller
    Chief Immigration Judge
    EOIR
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