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Will President Trump's Appointees be the Four Horsemen of the Immigration Apocalypse? Roger Algase

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As everyone involved with immigration knows, there are four agencies of the federal government which together have control over almost everything sub sole that affects our immigration system.

The first is, of course, the Department of Homeland Security, which decides who is eligible for various types of immigration classifications or status through USCIS, admits people to the US through CBP, and enforces the laws against unauthorized immigration through ICE.

Next, of course, is the Department of State, which issues visas. Then comes the Department of Justice, which controls the deportation system through the EOIR and prosecutes immigration related crimes.

Finally, there is the Department of Labor, which is responsible for issuing labor certifications and certifying labor condition applications for employment based green cards and certain temporary work categories, such as H-1B.

Obviously, the people who are appointed to run these agencies have tremendous power over the direction in which these agencies will move in terms of pursuing either more liberal immigration policies or more restrictive ones.

In keeping with his campaign promises to pursue stricter immigration policies, which were often accompanied by inflammatory rhetoric highlighting the perceived dangers of "uncontrolled" both legal and illegal immigration to America's economy and society, as in his August 31 Phoenix immigration manifesto, President-elect Trump, has already announced the appointment of one of America's most powerful and influential opponents of all immigrant, Senator Jeff Sessions, to head the Justice Department as the next Attorney General.

This will give him the power to appoint immigration judges who are hostile to immigration in general, fire immigration judges who are not and to do the same with members of the Board of Immigration Appeals.

The Justice Department could, and almost certainly will, be turned into a vast deportation machine, in keeping with Trump's promise to begin deporting up to 3 million "criminal aliens" immediately upon taking office.

Suppose there are not enough immigrants with criminal conviction records already in the United States to fulfill this hefty quota. The Attorney General can create them by stepping up prosecutions for a variety of immigration-related crimes which are already on the books, including the reliable standby that the Obama administration has already made extensive use of, EWI.

Moreover, even the threat that an employer who meticulously follows all of the complex immgration rules for hiring foreigh workers may face criminal investigation or prosecution on Trumped-up "fraud" or minor or inadvertent paperwork violation charges, may be enough to discourage many employers from hiring even the most qualified and badly needed foreign workers.

This could close America's doors to skilled and professional workers from countries such as India and China which do not fit neatly into the ideology of advisors to the new president such as Stephen Bannon, who, in a 2014 Vatican symposium, called himself a "nationalist" with a mission to protect "traditional" civilization of the "Judeo-Christian West". (In other words, no immigrants who are not white Europeans need apply.) See:

https://www.buzzfeed.com/lesterfeder...NnR#.gd16B8l8y

If in fact President Trump is serious about reducing legal immigration to "historical" levels and revisiting "outmoded", "decades-old" immigration laws such as the 1965 immigration reform law which ended 80 years of white supremacist immigration laws including the Chinese exclusion laws and the 1924 Johnson-Reed immigration act, as he more than hinted at doing in his August 31 Phoenix immigration manifesto, what better way could there be to accomplish this than by threatening to put US employers who hire foreign workers from countries outside the "traditional", "Judeo-Christian West" in jail?

Horseman Number 1.

The next of the four horsemen, though he or she has not been appointed yet, could well be the head of the Labor Department. On November 21, Trump announced that he would "direct the Department of Labor to investigate all abuses of visa programs that undercut the American worker".

http://www.politico.com/story/2016/1...actions-231726

At the very outset, this would appear to refer to two visa programs with which the Department of Labor is heavily involved, the above mentioned Labor Certification green card and the H-1B specialty occupation work visa. Even though both of these programs have built in safeguards to protect the salary levels of US workers, and one of them, the Labor Certification green card, requires the recruitment of US workers through an extensive and complex system of regulations, both have come under extensive criticism from Trump - at the reported instigation of none other than - guess who - the new Attorney General designate himself, Senator Jeff Sessions. See:

http://www.reuters.com/article/us-tr...-idUSKBN13G0J7

(To be fair, the above Reuters report states that some liberal Democrats, such Senators Bernie Sanders, Richard Durbin and Sherrod Brown, have also had questions about the use of the H-1B visa by companies such as Southern California Edison which allegedly used this visa in order to lay off US workers and replace them by foreign workers.)

The Secretary of Labor also has wide invesigation powers, which Trump yesterday appears to have invited, if not actually ordered the Labor Department to use against employers of foreign workers.

This could very likely lead to witch hunts across America against employers of foreign workers (especially ones from the non-"traditional", "Judeo-Christian" areas of the world).

Will the Secretary of Labor, whoever this may be, be Horseman Number 2?

Potential Horsemen Numbers 3 and 4, the Secretaries of Homeland Security and State, will be looked at in Part 2.
___________________________
Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 35 years, he has been helping mainly skilled and professional immigrants from diverse parts of the world, and a variety of ethnic and religious backgrounds, obtain work visas and green cards. Roger's email address is algaselex@gmail.com

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Updated 12-24-2016 at 08:15 PM by ImmigrationLawBlogs

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Comments

  1. Unregistered222's Avatar
    Good post Roger! Looks like Christmas is coming early this year for American IT workers, who are routinely thrown out on the streets to starve, so they can be replaced by uneducated Indian H1Bs with fake diplomas Everyone know that Indian IT bodyshops are full of fraud and criminal prosecutions of their owners is way overdue!
  2. Colmen's Avatar
    [Personal and racial insults have been deleted.

    Roger Algase]


    Quote Originally Posted by Unregistered222
    Good post Roger! Looks like Christmas is coming early this year for American IT workers, who are routinely thrown out on the streets to starve, so they can be replaced by uneducated Indian H1Bs with fake diplomas Everyone know that Indian IT bodyshops are full of fraud and criminal prosecutions of their owners is way overdue!
    Unbelievable, a Desi national living in the US -soon to become an unlawfully present immigrant if he violates the terms of his visa- trashing his own people!...maybe Unregistered 222 has become a "self-hating" Desi...perhaps there is caste-grievance issue involved here too (upper vs lower castes competing for the H1B visas).
    Updated 11-24-2016 at 03:37 AM by ImmigrationLawBlogs
  3. Colmen's Avatar
    For those who know the trajectory of Henry Kissinger, his assessments are extremely powerful...

    Kissinger: Don't expect Trump to maintain all his promises
    http://www.politico.com/story/2016/11/henry-kissinger-donald-trump-231679

    "Days after meeting with President-elect Donald Trump, elder statesman Henry Kissinger said one shouldn't expect Trump to give his voters exactly what he promised.

    "One should not insist on nailing [Trump] into positions that he had taken in the campaign," said Kissinger during an appearance Sunday on CNN's "Fareed Zakaria GPS."

    Kissinger argued that it is counterproductive to demand absolute consistency from presidential administrations, particularly in the face of fluid international situations..."
  4. Colmen's Avatar
    Countdown to the dissolution of a failed union called the United States of America

    INITIATIVE NUMBER: 16-0011
    TITLE: ?Calexit: The California Independence Plebiscite of 2019?

    Pursuant to Article II, Section 1 O(d) of the California Constitution, this letter respectfully requests that the Attorney General prepare a circulating title and summary of the enclosed ballot measure: ?Calexit: The California Independence Plebiscite of 2019?, which amends the Elections Code, and strikes Article Ill, Section 1 from the Constitution.

    https://oag.ca.gov/system/files/initiatives/pdfs/16-0011%20%28Separate%20CA%20from%20US%29.pdf?
  5. Colmen's Avatar
    Wondering if President-elect Trump will be able to quell the ever increasing social tensions occurring all over the US, and he hasn't been inaugurated yet!

    White Lives Matter Protest
    Published on Nov 20, 2016White Lives Matter supporters rallied at the Texas Capitol to protest against the United States hate crime laws. Tension rose as they were met with counter-protesters.
    https://m.youtube.com/watch?time_continue=183&v=07IXDXs4A4Y
  6. Colmen's Avatar
    Very interesting indeed...could President-elect Trump be affected by this document

    Archived letter shows Trump's grandfather asked to return to Germany
    http://www.reuters.com/article/us-usa-trump-germany-idUSKBN13H2AT

    German archivists have found a letter written by U.S. President-elect Donald Trump's grandfather, asking to be allowed to return to his German homeland after his wife failed to settle in to life in the United States.

    The letter, signed by Friedrich Trump, who left Germany at the age of 16 in 1885, was unearthed at the state archives in the western German region of Rhineland-Palatinate.

    After the turn of the century, Friedrich Trump returned from the United States to Germany, where he met and married his wife, Elisabeth, with whom he returned to New York.

    "She lasted for around two years before making it known that she wanted to return to Germany," Franz Maier of the Rhineland-Palatinate state archives in Speyer told Reuters Television.

    Friedrich had, however, failed to deregister properly before he left Germany and was not therefore allowed to be renaturalized in Bavaria, which was then its own kingdom.

    An accompanying document in the archived dossier read: "the settlement in Bavaria cannot be permitted".

    That fateful rejection set off the series of events that ended up with Donald Trump being elected U.S. president.
  7. Retired INS's Avatar
    Quote Originally Posted by Unregistered222
    Good post Roger! Looks like Christmas is coming early this year for American IT workers, who are routinely thrown out on the streets to starve, so they can be replaced by uneducated Indian H1Bs with fake diplomas Everyone know that Indian IT bodyshops are full of fraud and criminal prosecutions of their owners is way overdue!
    I was an immigration agent for 39 years, and had 24 years in enforcement. I found that most workers from India were very intelligent and worth the lower wages they earned. Some of their engineering schools are better than ours. I am a Trump supporter and very conservative republican, but I also know the truth. Not everything is as bad as Trump portrays it. However, I voted for him because I don't want open borders. I also didn't like being told not to investigate naturalization fraud, which is rampant with those who don't speak English and don't qualify for the 20/50 or 15/55 waiver.
  8. xgreencard's Avatar
    I agree with most of Roger's comments particularly those about the DOL's ability to make life ugly for employers who choose to sponsor aliens. There is fortunately a big "however" to all of this which is the fact that unless I am missing something Trump still needs 60 votes in the Senate to pass comprehensive immigration reform and he has NO chance of getting 60 votes. Therefore, I expect all of the present immigrant employment and relative categories to remain unchanged. My suspicion is that he will focus on the removal of criminal aliens in his first year or two, succeed and claim victory. He has already said that he will secure our borders first (which means building the wall) before dealing with out-of-status non-criminal aliens. The wall will take years to build so don't expect any fast action on this category of aliens. And don't rule out a very onerous legalization plan from Trump--one that would be almost impossible to comply with--but would turn the tables politically on the Democrats and allow the Republications to claim for the first time that were responsible for supporting Hispanic immigration.
    Trump has also been critical of guest worker programs and H1-B's. Expect reality to set in very quickly when he discovers that Americans have no interest in picking crops, cleaning hotel rooms or doing menial work in restaurants. Didn't Mayor Bloomberg tell ICE "to stay the hell out of Manhattan?" As for H1-B's I also think reality will set in when the behemoths of Silicon valley explain their needs for these high level workers in better detail. I simply do not anticipate that Trump can prevail over Microsoft, Google, Apple, Facebook and the other power players who are the core of our economy.
  9. ImmigrationLawBlogs's Avatar
    xgreencard presents some thoughtful and well articulated comments about the perceived limits on the incoming president's power to change the current immigration system. Unfortunately some of these arguments simply don't hold up.

    As I explain in the introduction to my comments above, the executive branch has enormous power to change the immigration landscape by regulation, executive orders, or even policy memos, which agencies such as USCIS and its predecessor INS have used under both Democratic administrations, ostensibly to interpret various immigration statutes and regulations but which have in effect rewritten some of them.

    Examples are too numerous to mention here.

    The same can be said for precedent AAO and BIA decisions dealing with numerous immigration issues.

    In addition to intimidating and hounding the employers of immigrants through endless investigations or criminal prosecutions, the executive branch can make the technical requirements for approval of H-1B or almost any other non-immigrant or immigrant category so difficult that the category becomes all but unavailable to many people who, under a plain reading of the underlying statute or regulations would appear to be qualified.

    The Obama administration has already given us some examples of this. The Trump administration will have the power to provide many more, if it chooses to.

    If all else fails, the president has the power to suspend just about any type of immigration he chooses for almost any reason he wishes under INA Section 212(f).

    Roger Algase
    Attorney at Law
    Updated 11-23-2016 at 08:04 AM by ImmigrationLawBlogs
  10. Unregistered222's Avatar
    Well I do not know where to begin. But, anyways, I will not divulge any inside info here. Prepare to be surprised, little boy.

    Quote Originally Posted by xgreencard
    I agree with most of Roger's comments particularly those about the DOL's ability to make life ugly for employers who choose to sponsor aliens. There is fortunately a big "however" to all of this which is the fact that unless I am missing something Trump still needs 60 votes in the Senate to pass comprehensive immigration reform and he has NO chance of getting 60 votes. Therefore, I expect all of the present immigrant employment and relative categories to remain unchanged. My suspicion is that he will focus on the removal of criminal aliens in his first year or two, succeed and claim victory. He has already said that he will secure our borders first (which means building the wall) before dealing with out-of-status non-criminal aliens. The wall will take years to build so don't expect any fast action on this category of aliens. And don't rule out a very onerous legalization plan from Trump--one that would be almost impossible to comply with--but would turn the tables politically on the Democrats and allow the Republications to claim for the first time that were responsible for supporting Hispanic immigration.
    Trump has also been critical of guest worker programs and H1-B's. Expect reality to set in very quickly when he discovers that Americans have no interest in picking crops, cleaning hotel rooms or doing menial work in restaurants. Didn't Mayor Bloomberg tell ICE "to stay the hell out of Manhattan?" As for H1-B's I also think reality will set in when the behemoths of Silicon valley explain their needs for these high level workers in better detail. I simply do not anticipate that Trump can prevail over Microsoft, Google, Apple, Facebook and the other power players who are the core of our economy.
  11. Unregistered222's Avatar
    [This paragraph has been deleted. I would remind all readers that this is a site for discussion, not personal insults.

    Roger Algase]

    Quote Originally Posted by Colmen
    Very interesting indeed...could President-elect Trump be affected by this document

    Archived letter shows Trump's grandfather asked to return to Germany
    http://www.reuters.com/article/us-usa-trump-germany-idUSKBN13H2AT

    German archivists have found a letter written by U.S. President-elect Donald Trump's grandfather, asking to be allowed to return to his German homeland after his wife failed to settle in to life in the United States.

    The letter, signed by Friedrich Trump, who left Germany at the age of 16 in 1885, was unearthed at the state archives in the western German region of Rhineland-Palatinate.

    After the turn of the century, Friedrich Trump returned from the United States to Germany, where he met and married his wife, Elisabeth, with whom he returned to New York.

    "She lasted for around two years before making it known that she wanted to return to Germany," Franz Maier of the Rhineland-Palatinate state archives in Speyer told Reuters Television.

    Friedrich had, however, failed to deregister properly before he left Germany and was not therefore allowed to be renaturalized in Bavaria, which was then its own kingdom.

    An accompanying document in the archived dossier read: "the settlement in Bavaria cannot be permitted".

    That fateful rejection set off the series of events that ended up with Donald Trump being elected U.S. president.
    Updated 11-24-2016 at 03:34 AM by ImmigrationLawBlogs
  12. Unregistered222's Avatar
    Have you seen recent photos of Henry Kissinger? Anyways....Trump is your president and you better pay federal and local taxes and obey federal laws, or else


    Quote Originally Posted by Colmen
    For those who know the trajectory of Henry Kissinger, his assessments are extremely powerful...

    Kissinger: Don't expect Trump to maintain all his promises
    http://www.politico.com/story/2016/11/henry-kissinger-donald-trump-231679

    "Days after meeting with President-elect Donald Trump, elder statesman Henry Kissinger said one shouldn't expect Trump to give his voters exactly what he promised.

    "One should not insist on nailing [Trump] into positions that he had taken in the campaign," said Kissinger during an appearance Sunday on CNN's "Fareed Zakaria GPS."

    Kissinger argued that it is counterproductive to demand absolute consistency from presidential administrations, particularly in the face of fluid international situations..."
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