VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!

https://www.washingtonpost.com/world/national-security/arrests-along-mexico-border-drop-sharply-under-trump-new-statistics-show/2017/12/05/743c6b54-d9c7-11e7-b859-fb0995360725_story.html

Nick Miroff reports in the Washington Post:

“The number of people caught trying to sneak over the border from Mexico has fallen to the lowest level in 46 years, according to Department of Homeland Security statistics released Tuesday that offer the first comprehensive look at how immigration enforcement is changing under the Trump administration.

During the government’s 2017 fiscal year, which ended Sept. 30, U.S. border agents made 310,531 arrests, a decline of 24 percent from the previous year and the fewest overall since 1971.

The figures show a sharp drop in apprehensions immediately after President Trump’s election win, possibly reflecting the deterrent effect of his rhetoric on would-be border crossers; starting in May, the number of people taken into custody began increasing again.

Arrests of foreigners living illegally in the United States have surged under Trump. Immigration and Customs Enforcement officers made 110,568 such arrests between inauguration and the end of September, according to the figures published Tuesday, a 42 percent increase over the same period during the previous year.

Tom Homan, ICE’s temporary director and Trump’s nominee to lead the agency, praised the president and gave a vigorous defense of ICE’s more aggressive approach.

“This president, like him or love him, is doing the right thing,” Homan told reporters at a news conference in Washington, accompanied by the heads of the U.S. Border Patrol and Citizenship and Immigration Services.

“A 45-year low in border crossings? That’s not a coincidence,” Homan said. “That’s based on this president and his belief and letting the men and women of ICE and the Border Patrol do their job.”

[How Trump is building a border wall no one can see]

Trump’s sweeping promises to crack down on illegal immigration fueled his presidential campaign and are at the center of his most ambitious domestic policy proposals, including construction of a wall along the border with Mexico.

Asked whether such a barrier was justifiable given its high cost and the decline in illegal immigration, DHS officials endorsed the president’s plan.

“In this society, we use walls and fences to protect things. It shouldn’t be different on the border,” said Ronald Vitiello, chief of the Border Patrol.

Apprehensions by Border Patrol agents peaked at more than 1.6 million in 2000 and began falling substantially after 2008. The previous low point was 331,333 arrests, during fiscal 2015. Experts have attributed the decline to tougher U.S. enforcement, improving job prospects in Mexico and long-term demographic changes that have driven down the country’s birthrate.

3:32
On the U.S.-Mexico border, Trump supporters wait for th
Still, the drop in border arrests is among the sharpest year-to-year changes on record, one that only casts more doubt on the wisdom of building a border wall, said Doris Meissner, senior fellow at the Migration Policy Institute, a Washington think tank.

“It’s a throwback response to yesterday’s problems,” she said, arguing that the money would be better spent addressing what accounts for a growing share of illegal migration: families with children fleeing rampant violence and dismal poverty in Central America.

Border agents took more than 75,000 “family units,” classified as at least one child and a related adult, into custody during fiscal 2017. But the number of unaccompanied minors fell 31 percent, to 41,435.”

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Read the complete article at the link.

This has to be what true greatness looks like! Imagine a world without those pesky undocumented workers to support our economy, our society, and our “American” way of life! That’s making America Great Again!

I’m sure future generations will be inspired by Homan’s humanity and wisdom as they pick produce or pound shingles in 100 degree heat, clean toilets, empty urine bags for the elderly and handicapped, clean tables, wash dishes, limb trees, shuck oysters, schlep concrete blocks, dig ditches, and, horror of horrors, take care of their own children while working full-time. Man, that’s going to be “America the Great” just as Trump, Sessions, Bannon, Miller, Homan, and others envision it!

And, the best part: we won’t have to worry about any of that burdensome, nasty “globalism” and the unfair burden of global leadership! That’s because the Chinese, Indians, Canadians, Mexicans, and Europeans will be in charge of the world economy and the Ruskies will control world politics. So we can enjoy our little White Nationalist enclave modeled on post-revolutionary Cuba — life in the 1950’s preserved forever! Save those “Classic ’57 Chevies!”

Kinda sorry I won’t be here to enjoy it! But, then again, I already lived through the real 1950’s once — Cold War, Jim Crow, segregation, anti-semitism, racial covenants, no women doctors, lawyers, or execs, African Americans only welcome on the football fields and basketball courts of a few Northern colleges! Boy, it was great! But, not sure I want  to do it again, even to experience the pure, unadulterated joy of having “my Milwaukee Braves” win the 1957 World Series (before fleeing to Atlanta)!

On the flip side, at Homan’s “record pace” of “law enforcement,” he and his minions will have every single undocumented American resident removed from the U.S by 2080 — that’s if no more arrive in the interim. And, the really great thing — they and those around them (including U.S. citizen kids and family members) will be living in fear every moment for the next six decades! Now, that’s something of which we can be truly proud! Of course, this all assumes that the North Koreans don’t nuke us and the rest of the world out of existence first!

PWS

12-06-17

 

BANISHING THE BEST & THE BRIGHTEST: One Would-Be H-1B Nonimmigrant’s Tale Of How The Bureaucracy & America’s New Anti-Immigrant Attitude Sent Her Packing!

https://www.nytimes.com/2017/11/23/opinion/immigration-visa-h1b-trump-.html

Frida Yu writes in the NY Times:

“Six months ago I won the lottery — the H-1B visa processing lottery for skilled foreign workers. I called my thrilled parents and celebrated with friends. I’m from northeastern China and have an M.B.A. from Stanford, and was planning to stay in Silicon Valley to help start a company based on a promising new technology to improve the use of data. I was overjoyed because, historically, being selected in the lottery was a near guarantee that an applicant could remain in this country at least three more years.

But at the end of July, I received the dreaded Request for Further Evidence from immigration authorities. I provided the extra information that United States Citizenship and Immigration Services asked for. In September, I got another request. I complied again. Finally, on Oct. 11, half a year after my celebration, I learned I had been denied a visa.

After earning law degrees in China and at Oxford, after having worked in Hong Kong as a lawyer at a top international firm, after coming to United States three years ago for an M.B.A. and graduating and joining a start-up, I was given just 60 days to leave the country. I have 17 days left.

In the past, it was fairly safe to assume that once you were selected in the lottery, your H-1B petition would be accepted by immigration officials. In 2016, this happened about 87 percent of the time. But things began to change in April when the Department of Homeland Security and the Department of Justice announced measures to increase scrutiny of the highly skilled applicants who use the H-1B program, and President Trump signed an executive order calling for federal agencies to suggest reforms to the program.

While it’s unclear exactly what percentage of petitions have been approved so far in 2017, requests for evidence like the ones I received have increased by 44 percent compared with last year, according to immigration statistics, strongly suggesting that more people are being denied than before Mr. Trump took office.

Many of my fellow international students are in situations similar to mine. Some had job offers from companies like Google, Apple and PwC when they learned that their applications had been denied or did not even make it into the lottery. For those whose employers have only United States offices, losing the lottery meant losing jobs and going home, with no real way to use the skills they were on the verge of contributing to the American economy.

And some classmates who, like me, were picked in the H-1B lottery last spring are still waiting for an answer. The Trump administration on April 3 announced that it would suspend the “premium processing” service that, for a fee, guaranteed applicants responses to their petitions within 15 days. This has caused problems for students who needed a quick decision because their work authorization expired over the summer or because they wanted to plan overseas trips that they couldn’t make while their status was in limbo. My mom had surgery for cancer in July, but I simply couldn’t go back to China to be with her and risk being denied at the border upon my return because I didn’t have H-1B approval.

My two requests for evidence asked me to prove my job was a “specialty occupation” — that is, work that only someone with a bachelor’s degree or higher can do. My work involves artificial intelligence and big data, and my letters of support came from an authority in my industry and veteran start-up investor, and a Nobel Prize winner. But it wasn’t enough to convince the government that my job requires advanced skills.

While I gave up my law job and used my savings and my parents’ to pay my Stanford graduate school tuition, in the grand scheme of things, I know my situation is much better than that of many immigrants who are forced to leave this country: Just this week, thousands of Haitians in the United States learned that they may have to return to Haiti as a result of the administration’s decision to strip them of the Temporary Protected Status they were granted while their country recovered from disasters.

It’s true that I’m brokenhearted about missing the chance to return to China to care for my mother (she insisted that I stay and pursue the visa that was her dream for me), but I’m not looking for sympathy. As much as I hate to leave, I know I will be fine.

Rather, I’m frustrated, because I know I’m part of a pattern: America is losing many very skilled workers because of its anti-immigrant sentiment, and while this is a disappointing blow to me and my classmates, it will also be a blow to the United States’ competitiveness in the global economy. Tech giants such as Google and Tesla were founded by immigrants.

I can’t make sense of why an administration that claims to want this country to be strong would be so eager to get rid of us. We are losing our dreams, and America is losing the value we bring.

As I make plans to go back to China, I find myself wondering: If I am not qualified to stay in the United States, then who is?

 

 

IMMIGRATION HISTORY: Here’s The Chase-Burman Mini-Library Of Immigration History, Courtesy Of “The Green Card!”

75 Years of the BIA

http://www.fedbar.org/Image-Library/Sections-and-Divisions/Immigration/Green-Card-Spring-2016-updated.aspx

“Matter of L-, 1 I&N Dec. 1 (BIA 1940), was issued on August 29, 1940, the day before the Board of Immigration Appeals came into existence.2 Some background about the Board’s early history is required to explain this. From 1922 until 1940, a five-member Board of Review existed within the Department of Labor to review all immigration cases. The Board of Review had no decision- making authority of its own; it could only recommend action to the Secretary of Labor. In 1933, the Immigration and Naturalization Service (INS) was formed within the Department of Labor,3 and from 1933 until 1939 the Board of Review made its recommendations to the Commissioner of Immigration and Naturalization.4″

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Commentary on “Pattern or Practice” Persecution

http://www.fedbar.org/Image-Library/Sections-and-Divisions/Immigration/Green-Card-Fall-2016-.aspx

In INS v. Cardoza-Fonseca, its landmark 1987 decision establishing that the burden of proving a “well-founded fear of persecution” is significantly less than fifty percent, the Supreme Court relied on the following scholarly example: “Let us…presume that it is known that in applicant’s country of origin every tenth adult male person is either put to death or sent to some remote labor camp… In such a case it would be only too apparent that anyone who managed to escape from the country would have ‘well-founded fear of being persecuted’ on his eventual return.”2 While the Court’s decision predates the “pattern or practice” regulation by more than three years, the example it relies on (which predates the regulation by 24 years) presents a classic “pattern or practice” scenario. The hypotheti- cal establishes (1) a group, i.e., all adult males in a particular country; and (2) information establishing systemic persecution of one in ten members of such group. all members of the group therefore have a well-founded without the need to explain their individual circumstances.”

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The History of Racism in U.S. Immigration


http://www.fedbar.org/Image-Library/Sections-and-Divisions/Immigration/the-green-card-winter-2017.aspx

“Racism was codified in this country’s original natu- ralization law. The Naturalization Act of 1790 limited the right to naturalize to “free white persons.” Following the Civil War, the Act of July 14, 1870, added “aliens of African nativity” and “aliens of African descent” to those eligible to naturalize. However, all others considered “non-white” continued to be barred from obtaining United States citizenship. In 1922, the Supreme Court denied Takao Ozawa, a Japanese immigrant who had lived in the U.S. for 20 years, the right to become a naturalized citizen because he “clearly” was “not Caucasian.” In interpreting the term “free white persons,” the Court found that “the framers did not have in mind the brown or yellow races of Asia.”1 In United States v. Bhagat Singh Thind,2 the Supreme Court reached the same conclusion regarding an “upper-caste Hindu” who claimed a lineage classi ed as “Aryan” or “Caucasian.” The Court determined that “Aryan” related to “linguistic, and not at all with physical, characteristics,” and concluded that the term “free white persons” as understood by the common man, would not include those of Hindu ancestry.3 It was not until passage of the McCarran-Walter Act in 1952 that the naturalization law was amended to read that “[t]he right of a person to become a naturalized citizen shall not be denied or abridged because of race or sex…”4

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Read all three of Judge Chase’s outstanding histories and get some “instant perspective” on how we got to where we are today as a nation of immigrants. There was no shortage of hypocracy. And, I submit that in the course of history some of today’s politicians advocating restrictive racially and religiously charged immigration policies are going to look just as distasteful, arrogant, prejudiced, and ignorant as some of the judges, lawmakers, and government officials described in these articles.

PWS

06-19-17

UPDATE

Judge Chase has reminded me that there is a fourth part to this collection:

The History of U.S. Asylum Law

http://www.fedbar.org/Image-Library/Sections-and-Divisions/Immigration/Green-Card-Summer-2016.aspx

“U.S. asylum policy is a product of the tension between the public sentiments of compassion and fear. In the words of a former Deputy UN High Commissioner: “The public will not allow governments to be generous if it believes they have lost control.” 1 Although asylum can be traced back at least to the Old Testament, for all practical purposes, U.S. asylum policy began on the eve of World War II.”

PWS

06-21-17

WSJ: H-1B Visa Demand Falls — Technological Changes Responsible?

https://www.wsj.com/article_email/use-of-h1b-visas-fell-before-donald-trumps-critiques-of-program-1496682157-lMyQjAxMTE3NTA3NjQwMTYxWj/

The WSJ reports:

“WASHINGTON—President Donald Trump has suggested he might find a way to cut the number of coveted H-1B visas awarded to outsourcing firms. But the companies appear to be heading in that direction all on their own, amid technological changes.

Outsourcers’ use of H-1B visas, which are reserved for highly skilled foreign workers, fell last year, before Mr. Trump won the Republican presidential nomination, new data show. The slide occurred alongside increasing criticism of the firms’ business model.

Mr. Trump has criticized the lottery that is now used, where companies all have equal chances at the scarce visas, and signed an executive order directing a review of the program. The order called for changes that would ensure visas are awarded to “the most skilled and the highest paid” applicants, to avoid crowding out American workers.

Six of the seven prominent Indian-based outsourcing companies that do work in the U.S. received fewer H-1B visas in 2016 than they did in 2015, and as a group their numbers dropped 37%, according to a new analysis by the National Foundation for American Policy, a think tank that backs increasing the total number of H-1B visas available. Most outsourcers based in the U.S. and elsewhere also saw declines.

For instance, H-1B visas awarded to India’s biggest outsourcer by revenue, Tata Consultancy Services Ltd., plummeted by 56% to 2,040 last year from 4,674 in 2015. For Wipro Ltd, another major Indian firm, the number also dropped by more than half to 1,474 from 3,079 in 2015.

Other research from previous years shows that the use of H-1Bs by individual outsourcing companies peaked in 2012 and 2013, sliding ever since. Many expect that the number of visas given to outsourcers will decline again for 2017, but those numbers aren’t yet available.

Meanwhile, the number of visas awarded to some large U.S. technology firms, who have a different business model and compete with outsourcers for visas, increased last year. Amazon.com Inc., Microsoft Corp., Alphabet Inc.’s Google and Apple Inc. all received more visas than they did in 2015, the new data show. Such companies typically use the visas to recruit employees with rare skills that attract higher wages than staff employed by outsourcers, and have come under less criticism.

Each year, 85,000 H-1B visas are available, and for the last several years they have been awarded by lottery conducted in April because of overwhelming demand.

Following this year’s lottery, Mr. Trump criticized the process and suggested more visas should go to high-paid jobs as opposed to a lottery where each application has equal chance. Because many outsourcing jobs are paid the minimum required to comply with certain rules—around $60,000 a year—many interpreted Mr. Trump’s comments as a warning to the outsourcers and a possible boon to big tech companies that pay high salaries.”

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Read the full WSJ article at the link.

I also blogged about the need for H1-B reforms yesterday.

 

http://wp.me/p8eeJm-VJ

PWS

06-06-17