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  1. 4th Cir. Judge: We Cannot "Ignore Reality" of Muslim Ban. Meanwhile, Evidence Grows That Ban Serves Whites Only Authoritarian Agenda. Roger Algase

    The following comment has been expanded as of December 10 to include a discussion of the danger that Trump's Muslim ban poses, not only to the Constitutional rights of 2 or 3 million Muslim American citizens to practice their religion without becoming the objects of hatred and discrimination, and to America's entire system of immigration based on the equality of all races and religions; but also to our democracy.

    reports that at oral argument before the full 4th Circuit bench on December 8, Judge James Wynn asked the following question concerning the latest version of Donald Trump's ban on entry to the US by virtually all citizens of six Muslim Countries (often misleadingly and euphemistically called a "Travel Ban" in the media, even though the approximately 150 million affected Muslims are free to travel anywhere they want, except the US):

    "Do we just ignore reality and look at the legality to determine how to handle this case? If the reality is that is the purpose, but the legality allows it, does that make a difference?...If the allegation is that this is an effort to ban Muslims from this country and every statement that is made by the individual who is the president who is making it goes to say that, but it is done in a way to say we did a worldwide review, now its legal?
    ​(Italics added.)

    The big question is whether the Supreme Court will ultimately be willing to recognize this obvious reality, especially in view of Trump's latest retweeting of extremist anti-Muslim hate videos from the UK to his 43 million Twitter followers, which Judge Wynn also referred to in his remarks; or whether the Court will continue to hide behind the surface formality of an alleged "national security review" by the administration.

    Meanwhile, The Hill reports that a pair of tweets by Republican Congressman Steve King (Iowa), one of the most outspoken immigration opponents in Congress, added to the growing evidence that Trump's Muslim ban is only part of a larger whites only immigration agenda.

    One tweet quoted Hungarian Prime Minister Victor Orban, who wants to ban all non-white immigration to his country, as saying that:

    "Mixing cultures will not lead to a higher quality of life, but a lower one."

    Another tweet stated:

    "Assimilation, not diversity, is our American strength."

    The same article also reports that in March, King, who has also defended the openly racist former Sheriff Joe Arpaio (whom Trump has notoriously pardoned) tweeted a cartoon of the Dutch right wing extremist anti-immigrant politician Geert Wilders plugging a hole in a wall that read "Western Civilization".

    Defending "Western Civilization", of course, has long been a code word among white nationalists for cutting off non-white immigration. Therefore, Trump's own speech in Warsaw, Poland on July 6, stating that protecting the borders of "the West" and defending "Western Civilization" was the most important issue of our time, was an obvious white supremacist dog whistle.

    For the official White House text of Trump's Warsaw speech, with its ominous references to white nationalist rhetoric, see:

    More than being just a white nationalist dog whistle, Trump's Warsaw speech was a strong indication that his Muslim Ban is only the beginning of an agenda leading to banning all non-white immigration. legal and otherwise, from the United States.

    This is also something that the Supreme Court might do well to pay attention to if and when (as is almost inevitable) it hands down a decision on the validity of the latest version of the Muslim Ban.

    Brian Klaas, an expert in democracy and authoritarianism at the London School of Economics, and the author of The Despot's Apprentice: Donald Trump's Attack on Democracy, discusses how Trump is:

    "...careening through the soft guardrails of democracy, shattering them without a second thought"

    and how:

    "...Trump keeps at it. In the process, authoritarian behavior is entering the political mainstream and becoming normalized."

    Among many other examples of growing authoritarianism in America, Klaas gives the following:

    "When Trump first issued a travel ban to seven Muslim majority countries, a little more than a year after calling to ban all Muslims during the campaign, there were spontaneous mass protests at airports across the country. When he issued a slightly modified travel ban a few months later, there was no such immediate response and no protests were sparked at airports. Americans had just accepted it...

    This is one of the most insidious features of authoritarianism: it beats people into submission because you can't fight 100 battles all at once. Citizens are forced to pick and choose. Authoritarian leaders are aware of this fact and they exploit it..."

    Will the Supreme Court, where Trump's lawyers are in effect arguing that he has absolute power to ban any classes of immigrants from the US that he chooses, go along with this authoritarian agenda merely because he intones the magic words "national security"? Or will the Court ultimately stand up for America's first amendment guarantee of freedom of religion for all American citizens, including Muslim ones, and for our democratic principles of ethnic and religious equality?

    We may soon find out.

    To read Klaas' article in full, see:

    Roger Algase
    Attorney at Law

    Updated 12-10-2017 at 06:00 AM by ImmigrationLawBlogs


    by , 12-08-2017 at 11:49 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    In July, President Trump elevated Gen. Kelly from his initial cabinet position, Secretary of Homeland Security, to Chief of Staff. Despite plenty of time for golfing, the President then waited three months to nominate a new Secretary of Homeland Security. Finally, in October, the President nominated Kirstjen M. Nielsen for the position.

    The Department of Homeland Security oversees, among other sub-agencies, USCIS. USCIS, of course, reviews nonimmigrant and immigrant visa petitions.

    Earlier this week, the Senate confirmed the nomination by the smallest margin ever for the position, 62 to 37. For comparisonís sake, Gen. Kelly received 88 votes in favor and only 11 against, when he was approved by the Senate earlier this year.

    Ms. Nielsen reportedly comes with baggage. She is caught up in an ethics complaint. The allegation is that she used a private consultant to help guide her through the Senate review process. The consultant, in turn, will now be seeking millions in federal contracts from Ms. Nielsen.

    She reportedly was also not highly regarded at her prior two positions in the White House and at DHS. Axios said that on Ms. Nielsen,

    ďNielsen is not a beloved figure at DHS; just as she wasn't inside the White House. She has a very sharp-elbowed approach to doing business and doesn't command anywhere near the respect that her predecessor, Kelly, did, according to more than half a dozen sources who've worked with her.Ē


    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at and You can also visit us on Facebook, Twitter and LinknedIn.
  3. Trump is Prosecuting Fewer Immigrants for Immigration Crimes

    by , 12-08-2017 at 11:48 AM (Matthew Kolken on Deportation And Removal)
    No President in the history of our country prosecuted more immigrants than Obama.

    Via Syracuse University's TRAC:

    The latest available data from the U.S. Justice Department show that during FY 2017 the government reported 59,910 new immigration prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, this number is down 14 percent over the past fiscal year when the number of criminal prosecutions totaled 69,636.

    Click here for the rest of the report.
  4. 150,000 Starving Yemeni Children Show Extent of Trump's Cruelty in Latest Muslim Ban, Which the Supreme Ct. Has Reinstated in Full. Roger Algase

    In the wake of the December 4 Supreme Court decision allowing Trump's latest version of his Muslim ban to go into full effect pendente lite, the sheer inhumanity behind all of his Muslim and refugee entry ban orders, especially as it affects people trying to escape some of the worst humanitarian disasters in modern history, is becoming more and more apparent.

    A December 6 article describing the effect of the Supreme Court's latest order on members of America's Yemeni community, concerned about the horrendous famine in that country caused by its ongoing civil war, reports as follows:

    "There is a devastating civil war raging in Yemen, and [Yemeni women living in the US] were so visibly shaken by reports of famine..."

    The report continues

    "It makes an already tragic situation even worse, eliminating these and other Yemeni nationals ability to bring family members fleeing the conflict to the United States. Issa-Ibrahim - who is from Syria, another country on the list, doesn't even know when she'll see her own father."

    For just one of many articles on the devastating humanitarian crisis caused by Yemen's civil war, see: Middle East Eye (July 20)

    Nowhere to run: Death follows Yemen's destitute war refugees

    Meanwhile, The Guardian reports that according to the UN, more than 3 million people in Yemen could be pushed into starvation and that 150,000 malnourished Yemeni children could die within the coming months if the Saudi blockade of supplies to that country in connection with its civil war is not lifted.

    The Associated Press also reports that the UN Security Council is warning of the "dire and deteriorating humanitarian situation in Yemen."

    Oxfam America also warns that:

    "Millions will die in a historic famine and public health crisis"

    if the blockade by Saudi Arabia, a major US arms customer, is not lifted.

    While the same article also reports that Trump has, commendably, called on Saudi Arabia to end the blockade of food and other supplies into Yemen, his inclusion of Yemen on the Muslim Ban list only adds to the suffering of potentially millions of innocent people in that country.

    Yemen, of course, is not the only Muslim country with devastating humanitarian problems affected by the various permutations of Trump's Muslim Ban orders, which are nothing but a series variations on the same Islamophobic theme. Trump once again made this clear beyond any possible doubt himself by retweeting a series of hate videos from extremists in the UK purporting to show all Muslims as violent criminals to his 43 million Twitter followers only a week or two ago.

    Syria and Libya are other examples of Muslim countries which millions of desperate people are trying to escape from, but cannot have any hope of finding safety in America because of Trump's ban. And it is even more ironic, that Trump, who purports to be a friend of the Jewish people and has just issued a highly controversial announcement that he will move the US embassy in Israel to Jerusalem, is overlooking the fact that America has already been down the sorry road of barring people facing intolerable conditions in their home countries from America solely because of their race or religion - namely Jews fleeing Nazi persecution - once before.

    Thanks to Trump's Muslim and refugee ban orders, and the Supreme Court's latest action in allowing the latest order to take effect in full pending a final decision, barring the most vulnerable and desperate people imaginable from this Land of the Free and Nation of Immigrants is once again the Law of the Land in America, just as it was in the 1930's when the Jews of Europe tried to escape Hitler's genocide, as a wide range of US Jewish leaders recognized immediately when the original version of Trump's Muslim and Refugee ban was issued last January. See:

    Jewish Groups Across the Spectrum Unite in Condemnation of Trump's Refugee Ban

    What has happened to America's role as a country of refuge for the oppressed and a nation of humanitarian values, when, instead of making plans to airlift as many of Yemen's starving children as possible to the United States, our president and his administration keep on battling in court to stop as many people as possible from as many almost 100 per cent Muslim countries as possible from coming to the United States on a variety of constantly changing pretexts?

    Roger Algase
    Attorney at Law

    Updated 12-08-2017 at 10:34 AM by ImmigrationLawBlogs

  5. Columbine Management Settles National Origin Lawsuit for $335,000

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

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    Columbine Management Services Inc. has agreed to pay $335,000 to settle allegations by the Equal Employment Opportunity Commission (EEOC) that it fired care providers because they were from Ethiopia or Sudan.

    Columbine Management also agreed to change the employeesí terminations to resignations, provide them with neutral references, and administer Title VII training (related to non-discrimination based on national origin and other protected classes) to supervisory and managerial employees for a two-year decree.

    The suit, which the EEOC initiated in July 2015, alleged a director for Columbineís New Mercer Commons facility told a staff member that the facility should get rid of ďthese people because they just canít speak English.Ē This statement was about employees from Ethiopia or Sudan.

    This case was handled by the EEOC because Columbine Management had 15 or more employees. If an employer has between 4 and 14 employees, the Immigrant and Employee Rights (IER) Section of the Department of Justice has jurisdiction over the national origin discrimination claim.

    This settlement is another example of how employers need to provide training to their supervisory and managerial staff on avoidance of national origin discrimination as well as other types of discrimination. For more information on avoiding national origin discrimination and unfair documentary practices related to employer immigration compliance, I invite you to read my new book, The I-9 and E-Verify Handbook, which is available at
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