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  1. Trump Reverts to His Worst of the Worst Demagogic Campaign Attacks on Mexicans 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 seeing 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; and 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 it as a standard for selecting H-1B skilled workers, as is currently the case due to the complete refusal by Congress to consider any attempt to make enough visas available under this program.

    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 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 12-16-2017 at 04:08 PM by ImmigrationLawBlogs

  2. 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


    by , 12-14-2017 at 09:47 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just issued the January 2018 Visa Bulletin.
    This is the fourth Visa Bulletin of Fiscal Year 2018. This blog post analyzes this month's Visa Bulletin.

    January 2018 Visa Bulletin

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


    All Other


    MU Law Analysis

    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.

    China (mainland-born): Both China EB-2 and EB-3 progressed about one month. The China EB-3 remains more favorable than Chinese EB-2. The odd situation of China EB-3 progressing faster than China EB-2 will remain to be the case for the foreseeable future.

    India: Both India EB-2 and EB-3 progressed about two weeks, which is about what we expect that the monthly progressions will be in FY 2018. MU suspects that EB-3 will not progress at any notable rate until at least the India EB-3 date moves past the Visa Gate date of August 2007.

    Mexico: Mirrors All Other in analysis.

    Philippines: The Philippine EB-3 date moved one month, after not moving in the December 2017 Visa Bulletin. Because of increased demand will expect slower progressions in the FY2018, progressing no more than 1-2 months per Visa Bulletin.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at and You can also visit us on Facebook, Twitter and LinknedIn.
  4. Like it or hate it, Trumpís immigration enforcement is failing. By Nolan Rappaport

    © Getty

    The Department of Homeland Security (DHS) has released its FY2017 immigration enforcement report. It indicates that President Trump has reduced the number of illegal border crossings, but it shows no progress at all on reducing the number of undocumented aliens who are in the United States already.

    An immigration court backlog crisis is making it extremely difficult for him to move new cases through removal proceedings.

    Where enforcement is now.

    Removals have actually gone down under the Trump administration:

    DHS claims this is because fewer aliens are being apprehended in the vicinity of the border, which is where most removals take place. Trump has succeeded in reducing the number of illegal border crossings by reversing the damage President Obama did to border security with his interior enforcement policies.

    When Barack Obama was president, he focused his immigration enforcement efforts on aliens who had been convicted of serious crimes or who had been caught near the border after making an illegal entry, and he protected aliens here unlawfully who were not in a priority category.

    U.S. Immigration and Customs Enforcement (ICE) officers were required to obtain permission from a Field Office Director before arresting an apparently deportable alien who was not in a priority category.

    This created what I called a ďhome free magnet.Ē Aliens wanting to enter the United States illegally knew that they would be safe from deportation once they had reached the interior of the country unless they were convicted of a serious crime. This was a powerful incentive to do whatever was necessary to cross the border into the United States.

    Trump destroyed this magnet with tough campaign rhetoric and his Executive Order, Enhancing Public Safety in the Interior of the United States, which greatly expanded enforcement priorities. No deportable alien is safe under President Trumpís enforcement policies.

    In April 2017, CBP reported a sharp decline in the number of aliens apprehended along the Southwest border, and in the number of aliens who were found inadmissible at ports of entry.

    But border security just keeps new aliens from entering the country illegally. It does not reduce the population of undocumented aliens who are in the country already, and this is where Trumpís enforcement program is failing.


    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.

  5. I-9 and E-Verify Handbook Ė Book Review

    By: Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

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    As many of you know, Greg Siskind and I have published a book, The I-9 and E-Verify Handbook (2nd edition). If you would like to know more about the book, SHRM has just published a positive book review, where they discuss various aspects of the book. You may view the review at:

    If you would like to purchase the book, it is available at Amazon -
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