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Recent Blogs Posts

  1. Even Trump-Friendly Freedom Caucus Doesn't Think that the Wall is Worth a Shutdown. What is the Point of the Wall? Roger Algase

    POLITICO reports that even the Trump-friendly conservative Freedom Caucus doesn't think his border Wall is worth a government shutdown. What purpose is there to the Wall except to fulfill a bombastic campaign promise and humiliate Latino (and by extension) all other non-white immigrants? See:

    http://www.politico.com/story/2017/0...42174?lo=ap_c1

    Roger Algase
    Attorney at Law

    Updated 08-30-2017 at 04:17 PM by ImmigrationLawBlogs

  2. Where You Live Impacts Ability To Obtain Representation in Immigration Court

    by , 08-30-2017 at 08:54 AM (Matthew Kolken on Deportation And Removal)
    Via Syracuse University's TRAC Immigration:

    [N]ewly obtained case-by-case court records show that depending upon the community in which the immigrant resides, the odds of obtaining representation in Immigration Court deportation proceedings varies widely. In some places in the United States the odds are 1 out of 100 of obtaining representation in cases filed in the last 90 days, and rise to only 20 out of 100 for all pending cases. In other communities your chances rise to over 82 out of a 100 of securing an attorney in recently filed cases, and climb to 98 out of 100 for all pending cases.

    These and other findings are based upon very current case-by-case court records that were obtained under the Freedom of information Act and analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University. Information reflects court records as of the end of May 2017.



    Table 1. Communities With Pending Immigration Court Cases by Residence of Individual*
    States with: Number
    1 or more residents 50
    10 or more residents 50
    100 or more residents 47
    1,000 or more residents 39
    Counties with:
    1 or more residents 2,507
    10 or more residents 1,372
    100 or more residents 470
    1,000 or more residents 111
    Census County Subdivisions with:
    1 or more residents 11,894
    10 or more residents 3,158
    100 or more residents 766
    1,000 or more residents 96

    Click here for the full report.
  3. I-9 Violations Cannot be Alleged by a Complainant in Discrimination Complaint

    By: Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

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    In Sapre v. Dave S.B. Hoon Ė John Wayne Cancer Institute, 12 OCAHO no. 1305 (August 2017), an employee alleged the Respondent discriminated against her because of her citizenship status and national origin, retaliated against her, and committed document abuse, thereby violating the antidiscrimination provisions of the Immigration and Nationality Act, 8 U.S.C. ß 1324b (2012). In a procedural decision, OCAHO denied a Motion for Default Judgment.

    In so ruling, OCAHO denied Complainantís request that the ALJ inquire into the employerís alleged Form I-9 errors. OCAHO reiterated that the employer sanctions statute, 8 U.S.C. ß 1324a, and accompanying regulations, ďdo not authorize a private individual to file a complaint directly with an Administrative Law Judge alleging violations in completion of the Form I-9, which is unlawful pursuant to ß 1324a(a)(1)(B)Ē (quoting de Araujo v. Joan Smith Enters., Inc., 10 OCAHO no. 1187 (2013).
  4. 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

  5. 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 ĖU.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 agencyís fraud detection and national security initiatives.


    This change complies with Executive Order 13780, ďProtecting the Nation From Foreign Terrorist Entry Into the United States,Ē and is part of the agencyís 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.


    ďUSCIS 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,Ē 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 ICEís 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

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