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  1. What is Unfair Documentary Practices?

    By: Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

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    In yesterday’s blog,, I discussed Washington Potato Company reaching a settlement agreement with the Immigrant and Employee Rights Section (IER) of the Justice Department related to its unfair documentary practices of requesting work-authorized non-U.S. citizens to present specific documents to confirm their status, while not subjecting U.S. citizens to such requests.

    In today’s blog, I will discuss more about unfair documentary practices. Unfair documentary practices was formerly referred to as document abuse. It refers to discriminatory practices related to the verification of employment eligibility in the Form I-9 process. Employers that treat individuals differently based on national origin or citizenship commit unfair documentary practices when they engage in one of four types of activity: 1) Improperly requesting that employees produce more documentation than is required to show identity and employment authorization; 2) Improperly asking employees to produce a particular document to show identity or employment eligibility; 3) Improperly rejecting documents that appear to be genuine and be-longing to the employee; and 4) Improperly treating groups of applicants differently (for example, based on looking or sounding foreign) when they complete Forms I-9.

    The following are examples of prohibited practices when they are based on an employee’s “national origin’ or “citizenship or immigration status”:

    • Setting different employment eligibility verification standards or requiring different documents based on national origin or citizen-ship status;
    • Requesting to see employment eligibility verification documents before hire and completing the Form I-9 because an employee appears foreign or the employee indicates that he or she is not a U.S. citizen;
    • Refusing to accept a document or to hire an individual because an acceptable document has a future expiration date;
    • Limiting jobs to U.S. citizens, unless a job is limited to citizens by law or regulation;
    • Asking to see a document with an employee’s “Alien” or “Admission number” when completing Section 1 of Form I-9; and
    • Asking a lawful permanent resident to re-verify employment eligibility because the person’s green card has expired.

    For more information on avoiding unfair documentary practices and many other issues related to employer immigration compliance, I invite you to read my new book, The I-9 and E-Verify Handbook, which is available at
  2. Haiti’s temporary protected status never intended to be permanent. By Nolan Rappaport

    © Getty

    Otherwise deportable aliens cannot be deported while they have Temporary Protected Status (TPS), but they revert back to being deportable when their TPS status has been terminated. Consequently, it was not surprising when, a day after Acting DHS Secretary Elaine Duke announced that she was terminating Haitian TPS, an article appeared asking, “Is Trump going to deport 59,000 Haitians who fled a humanitarian crisis?”

    Duke delayed the effective date of the termination by 18 months to allow for an orderly transition, and no one knows what Trump’s enforcement priorities will be 18 months from now. Moreover, if he does not get the immigration court backlog under control, he may not be able to put the Haitians through removal proceedings.

    Nevertheless, they will be deportable when their status expires if they haven’t obtained lawful status on some other basis. And they cannot compel Duke to reinstate their TPS status.

    The same fate awaits TPS aliens from nine other countries when their status is terminated.


    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.

  3. "Pocahontas", Puerto Rico and (Right Wing) Populism: Trump's Prejudices Against Minority Americans Also Explain His Immigration Policies. Roger Algase

    Update: November 29, 11:07 am:

    It's not just "Pocahontas". Trump has also just retweeted an extremist anti-Muslim hate video from the UK, causing outrage in both the UK and the US.

    Update, November 29, 9:23 am:

    For a comment by Princeton University Professor of Religion and African-American Studies professor Eddie Glaude, Jr. stating that Trump's "Pocahontas" racial slur was an attack, not only on Native Americans, but on all brown-skinned people, see:

    With every new slur and racial attack against non-white people in general, and immigrants in particular, coming from the president, it becomes more and more difficult to escape the conclusion that deeply rooted racial prejudices are at the very core of Trump's immigration agenda.

    My original comment appears below.

    The notion of a president of the United States using a demeaning racial slur against a group of people he is purportedly honoring and praising for their contributions to American society would be unthinkable for most Americans, even in the "Donald Trump Era". But that is exactly what Trump did on November 27 in a speech to a group of elderly Navaho native Americans who had rendered invaluable service during WW2 by developing a code which could not be broken.

    Even in the midst of his praise for their service, Trump was unable to avoid using his favorite racial epithet against native Americans: "Pocahontas."

    To put it into perspective, what would the reaction be if a US president were to address a group of African-Americans while talking about "Uncle Tom". or if her were to give a speech in front of a Jewish organization containing a reference to "Shylock"?

    But this story is not significant just because of a single racial remark (made while Trump, in an arguably even more serious insult to Native Americans, stood in front of a portrait of Andrew Jackson, a president who became famous for exterminating them).

    This one single racial epithet is a window into the denigrating attitude that Trump has shown toward non-white Americans in other, far more serious instances, notably in his response (or lack of it) to the hurricane disaster in Puerto Rico. It is also reflected in his courting of white nationalists, also known as Right Wing Populists.

    One might even say that the 3 "P's" of Trump's disparagement of non-white Americans, "Pocahontas", Puerto Rico and white nativist Populism, tell us more about the purpose of Trump's agenda of making drastic reductions in immigration from non-European parts of the world than any fancy, convoluted immigration executive orders or policy statements coming out from the White House or the DHS could possibly do.

    Roger Algase
    Attorney at Law

    Updated 11-29-2017 at 10:07 AM by ImmigrationLawBlogs

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