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Recent Blogs Posts

  1. ICE Planning Worksite Enforcement Operation against National Food Service Chain

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

    Click image for larger version. 

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    Immigration and Customs Enforcement (ICE) is planning to conduct a major worksite enforcement operation against an unknown national food service chain in the next few weeks, according to an internal ICE document reviewed by Betsy Woodruff of The Daily Beast.

    It is unknown whether this action will be a raid or other type of ICE operation. If it is a raid, it will be a sign that the Trump Administration is returning to raids on employers. The last major raid occurred at Howard Industries in Laurel, Mississippi in August 2008. After the Laurel raid at the end of President George W. Bush’s term, ICE stopped conducting raids, presumably due to the high cost and the difficulty in conducting a surprise raid.

    According to an anonymous ICE official (he was not permitted to discuss impending operations on the record) that The Daily Beast spoke to, the current plan is focused on employers across the nation, who are “harboring illegal aliens,” by illegally paying below the minimum wage.

    ICE’s planned action is not unexpected given the Trump Administration’s increased enforcement of other aspects of immigration enforcement. Recently, Tom Homan, Acting Director of Immigration and Customs Enforcement (ICE) said he has instructed Homeland Security Investigations (HSI), the investigative unit of ICE, to increase "by four to five times" worksite enforcement actions in 2018. Homan also stated, "We've already increased the number of inspections in worksite operations, you will see that significantly increase this next fiscal year."

    Additionally, in marked contrast to previous administrations’ worksite enforcement operations, Homan said "We're going to detain and remove the illegal alien workers" as “that is our job.” Furthermore, Homan stated ICE is going to strongly prosecute employers who knowingly hire illegal immigrant workers, in addition to deporting their undocumented workers. The anonymous ICE official said undocumented workers who cooperate with the agency could potentially be eligible for U visas, which provides non-immigrant visas to remain in the United States to victims of crimes, who cooperate in an investigation and testify at a trial, if necessary, against their employers.

    Even if this major raid occurs, is this just as a show of force on this occasion for the sake of publicity or a full swing back to numerous ICE raids on employers? Only time will tell.

    For a review of ICE’s criminal actions against employers as well as other employer immigration compliance issues, I invite you to read my new book, The I-9 and E-Verify Handbook, which is available at http://www.amazon.com/dp/0997083379.
  2. In Both Muslim and Transgender Bans, Some Federal Judges Don't Believe Trump. Misleading the Courts Hurts Americans, not Only Immigrants. Roger Algase

    In an indication that the Trump administration's attempt to mislead the federal courts over the real reasons for adopting discriminatory policies hurt American citizens as well as immigrants, a second federal district court judge, Marvin J. Garbis of Maryland, ruled in effect that Trump's claimed reason for banning transgender troops from serving in the military was not credible.

    As reported in the Washington Post on November 22, Trump had originally claimed that he had adopted that policy "after consultation with my Generals and military experts".

    Judge Garbis, a Republican, in effect, determined that this claim was a lie and that no such review had ever taken place. He wrote in his decision:

    "A capricious, arbitrary, and unqualified tweet of new policy does not trump the methodical and systematic review by military stakeholders qualified to understand the ramifications of policy changes."

    Does this just happen to remind any readers of the way that Trump's Muslim entry ban order was issued and then defended in court by the Trump administration?

    Just as an overwhelming Fourth Circuit en banc majority ruled, in effect, that Trump was not telling the truth to the Court when his DOJ lawyers claimed that his Muslim ban order was based on national security rather than religious bigotry, federal judges are also now ruling, in effect, that the administration is trying to mislead the courts about the reasons for Trump's transgender military ban.

    For the full story, see: Washington Post, November 22

    In transgender ruling, another judge finds Trump credibility gap

    (Sorry, I do not have a link. Please go to Google to access.)

    See also, Constitution Center:

    Judge issues new ruling against military transgender ban


    https://constitutioncenter.org/blog/...ransgender-ban

    Since this is a blog about immigrant rights, not LBGT rights, how is this story relevant to immigration law issues? The answer is simple.

    When the government engages in an abuse of power affecting immigrants, such as presenting clearly false policy justifications (which, if done by a private litigant, might well amount to a fraud upon the court) in the Muslim entry ban litigation, then it may also be likely to do the same thing when the rights of American citizens belonging to a targeted group, in this case transgender US soldiers, are at stake.

    If, as Americans, we want to preserve our own rights and freedoms, we must also protect the rights of immigrants from abuse by government-sponsored policies of hatred and discrimination, including attempts to deceive the courts.

    With that thought, I wish all Immigration Daily readers a Happy Thanksgiving holiday.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

    Updated 11-22-2017 at 12:33 PM by ImmigrationLawBlogs

  3. Asylum Outcomes Continue to Depend on the Judge Assigned

    by , 11-21-2017 at 10:40 AM (Matthew Kolken on Deportation And Removal)
    Via Syracuse University's TRAC:

    The outcome for asylum seekers continues to depend on the identity of the immigration judge assigned to hear the case. If you, for example, were one of the 6,922 asylum seekers whose cases were decided in the San Francisco Immigration Court over the last six years, the odds of denial varied from only 9.4 percent all the way up to 97.1 percent depending upon the judge you had. For the 1,233 individuals whose cases were heard by the Newark Immigration Court, the odds of denial ranged between 10.9 percent all the way up to 98.7 percent depending upon the judge you appeared before. Stated another way, the odds of being granted asylum could be as high as 90 percent or as low as 3 percent in these two courts depending upon which immigration judge you were assigned.



    Click here to view a particular judge's report.
  4. Illegal Border Crossing Surging Again

    by , 11-21-2017 at 10:20 AM (Matthew Kolken on Deportation And Removal)


    Via The Washington Times:

    The Trump administration reinstated a de facto catch-and-release policy for illegal immigrants nabbed crossing the border in Texas, with Border Patrol agents being told Wednesday not to even bother turning them over for speedy deportation because there was no bed space, a top agent said.

    The problem, said Brandon Judd, an agent and president of the National Border Patrol Council, is that illegal immigration has surged once again after dipping during the early months of President Trump’s tenure.


    Click here for the rest of the story.

    Updated 11-21-2017 at 10:22 AM by MKolken

  5. The Secret Refugee History of Casablanca

    This month marks the 75th anniversary of the Hollywood classic Casablanca. The move has been acclaimed as one of the great films of all time, and in my (correct) opinion, it contains the greatest scene in movie history (more on that later).


    French refugee Madeleine Lebeau: "Vive la France!"

    Probably, you know the basic story. It's 1942. France has fallen to the Nazis, and some French colonies, including the city of Casablanca in Morocco, are under Vichy control (the Vichy government of France collaborated with the Nazis). Refugees, freedom fighters, Nazis, smugglers, and numerous others pass through Rick's Café in Casablanca. Many are seeking papers to escape to Portugal and then to freedom in the New World (the film's technical director, Robert Aisner, actually took this route himself after he escaped from a German prison camp).

    Rick--the owner of the café--is an American ex-patriot (played by Humphrey Bogart) whose loyalties through much of the movie are ambiguous. One day, Rick's former lover Ilsa (Ingrid Bergman) appears with her husband, resistance leader Victor Laszlo (Paul Henreid), and Rick and Ilsa have to make some relationship decisions ("Of all the gin joints in all the towns in all the world, she walks into mine."). If you don't know how the movie ends, I'm not going to tell you here--you should see it for yourself (and you can thank me later).

    What's less well-known about Casablanca is that many of the actors in the film were themselves refugees. Of 75 people who had bit parts and larger roles in Casablanca, almost all were immigrants of one kind or another. And of the 14 who got screen credit, 11 were foreign-born. Here is the story of some of them:

    Conrad Veldt was a well-known German actor who opposed the Nazis and left Germany with his Jewish wife in 1933. Before he departed, he had to complete a questionnaire about his race. Even though he was not Jewish, he listed himself as a Jew. The government offered him an opportunity to divorce his wife and align himself with the Nazis, but he refused. Mr. Veldt moved to Britain where he performed in anti-Nazi films. He eventually came to the United States, where he wanted to help persuade the U.S. to enter the war. Mr. Veldt donated the better part of his personal fortune to Britain to assist with the war effort. He played Major Strasser, the primary bad guy in Casablanca.


    S.Z. Sakall and his wife Anne Kardos became American citizens in 1946: "Mama and I are happy, happy people today."

    Lotte Palfi played a desperate woman selling her jewels to raise money. In her only line in the film, she asks for "just a little more, please?" Ms. Palfi was a leading stage actor in German, but fled in 1934 because she was Jewish. She hoped to find success in America, which she viewed as a "melting pot" where the "great majority of the people... had emigrated from other countries." So she initially thought her German accent "shouldn't be any hindrance to [her] acting career." "Of course," she wrote, "I couldn't have been more wrong." Ms. Palfi married fellow Casablanca actor Wolfgang Zilzer (who grew up in Germany and only learned of his American citizenship when he was trying to secure a visa to escape from Europe). The couple divorced after 50 years when he wanted to return to Germany at the end of his life and she refused to go back.

    S.Z. Sakall played Carl the waiter in Casablanca. He was a Hungarian Jew who worked on stage and screen in his native country, and also in Austria and Germany. He lost three sisters and many other relatives in the Holocaust. Known for his comedic performances and his shaking jowls (one of the Warner brothers made him adopt the nickname "Cuddles"), Mr. Sakall achieved success in Germany using broken German, and in America using broken English. He arrived in the U.S. just before the war, in May 1939, and appeared in 30 movies between 1940 and 1950. Mr. Sakall was immensely proud of his United States citizenship, and kept his naturalization documents on the mantel in his living room.

    Hans Twardowski played a German officer in Casablanca. He began his career as a supporting actor in The Cabinet of Doctor Calgary, but had to flee Germany because he was gay. In the U.S., Mr. Twardowski was type-cast as a Nazi, and never worked as an actor after the war ended, but he always dreamed of returning to the stage.

    Helmut Dantine played a young Bulgarian husband trying to earn travel money at the roulette table. In Austria, he led an anti-Nazi youth movement, and was rounded up after Hitler annexed his country in 1938. Mr. Dantine was only 19 years old. He spent three months in a concentration camp before he managed to get released based on family connections and medical reasons. His parents immediately sent him to Los Angeles, where they had a family friend. In the U.S., he worked as an actor and a producer.

    Peter Lorre, born Laszlo Lowenstein in Hungary in 1904, played Ugarte, a black marketeer who hands Rick the letters of transit that Victor and Ilsa need to escape from Casablanca. Mr. Lorre moved with his family to Austria when he was young, and he began his career there. He eventually migrated to Germany where he acted on stage and screen. His breakout role was as a killer in Fritz Lang's 1931 film M. With Hitler's ascension to power, Mr. Lorre left Germany in 1933, and made his way to France, Britain, and eventually, the U.S., where he settled in Hollywood.


    Anti-Nazi actor Conrad Veidt played a Nazi in Casablanca.


    Marcel Dalio
    , who played Emil the croupier, had been a star in French cinema (Rules of the Game and La Grande Illusion), but fled the country ahead of the Nazi invasion (he was Jewish and feared persecution). The Vichy government used Mr. Dalio's image to depict the stereotypical Jew on propaganda posters, but in the U.S., he was reduced to playing minor roles. Upon learning of the posters, he quipped, "At least I had star billing on the poster." Mr. Dalio was promoted to playing Renaud (in the movie, this character was Renault) on the short-lived and largely forgotten Casablanca television serious (1955-56). Mr. Dalio's mother and sisters were murdered at Auschwitz.

    Madeleine Lebeau was the French woman seen crying (real tears) and shouting "Vive la France" during the greatest scene in movie history. In real life, she was a citizen of France who married Marcel Dalio when she was 16, and then fled the country with him after the German invasion. Their marriage was short-lived, and Ms. Lebeau returned to Europe after the war, where she continued to act in France, Britain, and Spain. She died last year at age 92--the last surviving named cast member in Casablanca.

    Seventy-five years after its release, Casablanca is recognized as one of the great films of all time. The emotion brought to the movie by so many real-life refugees from Nazism certainly contributes to the film's power. Indeed, refugees helped shape the movie, and the movie helped shape our vision for the war (critic Pauline Kael once opined, "Our image of the Nazi was formed by the Jewish refugees").

    Finally, the undisputed greatest scene in movie history: A group of Nazi officers is singing a patriotic German song at Rick's café. They are--they believe--the masters here. Resistance leader Victor Laszlo notices the men and marches over to the house band. He tells them to play le Marseille, the anthem of free France. The band looks to Rick, and he has another decision to make--keep out of it, or get involved. See what happens here.

    Originally posted on the Asylumist: www.Asylumist.com.
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