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  1. ImmigrationLawBlogs's Avatar
    What do the Trump administration's disastrous (for the president and his extreme nationalist cabal - not for America) failures on both the Muslim ban and on healthcare repeal have in common?

    Both were attempts by a small plutocracy of elite white billionaires and oligarchs, led by Tycoon Trump himself, to declare war on ordinary people in pursuit of power and privilege for themselves.

    In the Muslim ban case, Donald Trump attempted tp bring ab out a vast expansion of presidential power at the expense of more than 100 million Muslims in six or seven countries who would have been indefinitely banned from ever setting foot in America - no one in his or her right mind could possibly believe, given its history, that the ban would not have been extended after the initial period or even made permanent - as part of Trump's efforts to become America's first dictator by moving against an popular minority, as in the case of the Nazi Nuremberg laws against the Jews.

    In the case of the botched attempt at "Obamacare" repeal, Trump's plan would have taken medical insurance - which for many people is the difference between life and death, away from an estimated 24 million ordinary or less affluent Americans - including millions of people who voted for him based on his empty and cynical promises to make their lives better, not worse.

    Fortunately, in both cases, large numbers of Americans stood up for justice and human rights by resisting, and Trump was finally checked by other branches of the government - the courts in the Muslim ban case and Congress in the healthcare instance.

    Will Trump learn to respect and work for the real interests of the American people, not just himself and his super-rich friends?

    Or will he continue to issue sweeping executive orders and intimidate or threaten his opponents in the courts and Congress, and try to stamp out all opposition, as his model and ally, Vladimir Putin, is now doing in Russia as we speak?

    Roger Algase
    Attorney at Law
    Updated 03-27-2017 at 10:10 AM by ImmigrationLawBlogs
  2. ImmigrationLawBlogs's Avatar
    And what basis does Nolan have for claiming that Trump's order is even religion neutral on its face?

    Here we have an order which bars approximately 100 million people, 99 per cent of whom belong to a particular religion from entering the US.

    And Nolan expects us to believe that there is nothing in the order that discriminates against that particular religion?

    Suppose that we had a president who for at least a year prior to being elected, had been ranting and raving against Jews the way Trump has done against Muslims.

    Then suppose that the president, upon taking office, had appointed a senior adviser who was on record as saying that the Christian world was locked on a "war of civilizations" with Judaism, and a national security adviser who had called the Jewish religion a "cancer".

    Then, suppose, that a week after taking office, that hypothetical US president issues an order banning all citizens and residents of Israel from setting foot in the United States.

    Would any reasonable person, including Nolan, fail to connect the dots in that case? Of course not.

    Then what is the problem about connecting the dots when the facts are similar but the targets are are Muslims instead of Jews?

    Roger Algase

    Updated 03-23-2017 at 08:59 PM by ImmigrationLawBlogs
  3. ImmigrationLawBlogs's Avatar
    Nolan will, for some reason, just not let go of the fiction that Trump's anti-Muslim executive orders exist in a closed universe of their own and that the courts have no power to take their history into account - at least for the limited but still important purpose of determining their good faith. See Mandel (1972) and Kerry v. Din (2015), both of which state that the executive must show good faith behind an order denying a visa or US entry in order to avoid judicial scrutiny.

    Of course, everybody agrees that Trump's orders were concocted to make it look as if they were religion-neutral.

    But our courts are not required to accept this obvious deception and hypocrisy.

    I once again respectfully remind Nolan that we are talking about the legal system of America here, not Russia or North Korea.

    Roger Algase
    Attorney at Law
  4. ImmigrationLawBlogs's Avatar
    Roger, I am still waiting for you to show me which provisions in the Executive Order do the things you are complaining about. Stop relying on his campaign statements. Before the 9th circuit started venting its Roger-like prejudice against the President of the United States, no court had ever used campaign statements that way. When is the Trump hatred going to run its course?

    The 9th circuit will be stopped by the Supreme Court. In fact, it's my understanding that that circuit is reversed more often by the Supreme Court than any other circuit in the country. But what will stop Roger? I suspect that he will be expressing his Trump hatred and prejudice for the next four years....maybe longer.

    Nolan Rappaport
  5. ImmigrationLawBlogs's Avatar
    Can Nolan show any parts of Trump's executive orders which are not aimed at exploiting hatred and fear of Muslim immigrants - and US citizens - which Trump made the hallmark of his campaign ever since calling for a ban on entry to the US by Muslims throughout the world in December, 2015?

    Nolan is asking us to ignore the entire history of Trump's executive orders, both before and after Trump took office as president.

    No, the Muslim ban orders are not as broad as Trump's original call to ban every Muslim in the world (even, initially US citizens, if one remembers the statement of his then campaign aide, Hope Hicks, that "Mr. Trump means everyone").

    But the toned down orders compared to his original world wide ban are nothing more than a cynical and transparent attempt to hide their real purpose, which has not changed.

    Even if our courts, and our nation, accept Trump's offer to "drink the forgetful waters of Lethe" as Ovid, who was "deported" from his own city of Rome in 7 A.D. by another autocrat, Augustus Caesar, wrote in his great poem Tristia, the very language of the ban orders themselves, both the original and the revised ones, contemplate adding additional countries to the original ban.

    Does anyone have any doubts as to what will be the major religion in the countries to be added later on?

    Hint: It will not be the Episcopalian or Presbyterian faiths.

    Another ancient Roman poet, Lucan, (who had his own even more serious problems with an authoritarian emperor by the name of Nero), had a perfect description for Trump's Muslim bans 2,000 years ago:

    iusque datum sceleri

    - "legality bestowed on infamy".

    There could be no better explanation of both Trump's first and second Muslim ban orders.

    Roger Algase
    Updated 03-20-2017 at 10:57 PM by ImmigrationLawBlogs
  6. ImmigrationLawBlogs's Avatar
    Roger says, "Trump's executive orders against Muslim and Hispanic immigrants are, of course, nowhere near as extreme as Hitler's laws and actions against the Jews, which were in a unique class of evil by themselves, but Trump's measures against Muslim and other non-white immigrants are motivated by the same spirit of exploiting racial and religious hatred in the pursuit of absolute power that Hitler used so successfully."

    Really, can you show me which provisions in his executive orders do these things?

    Nolan Rappaport

  7. IDBlog's Avatar

    Your readers might be interested in discussing CIS's latest nightmare. For over 30 years the I 130 Immigrant Visa Petition has consisted of 2 pages. Now CIS expands it to , not 3 or 4 , but 12 and if for spouse, another 9 more.

    In spite of all this clap trap,they still leave out most critical question , that of Adam Walsh convictions???

    Dark days ahead???

    Rev. Robert Vitaglione

  8. ImmigrationLawBlogs's Avatar
    To get a good sense of where Trump's Muslim ban and mass deportation executive orders are leading to, read Anis Shivani in

    Trump and Mussolini: 11 Key Lessons from Historical Fascism

    See especially, Part 10:

    Racism is inherent to fascism:

    Shivani writes:

    "It is absolutely key that Trump began his campaign
    Mexicans - and then Muslims and Arabs."

    While, of course, Trump does not by any possible stretch of the imagination support genocide or mass murder, there is still a comparison with Hitler, not only Mussolini.

    Hitler began is climb to total power in Germany by attacking the Jews, who were so unpopular among many Germans that they were willing to give up their own freedom as long as Hitler took action against the Jews.

    He did take such action, beginning with the infamous Nuremberg Laws in 1936.

    Trump's executive orders against Muslim and Hispanic immigrants are, of course, nowhere near as extreme as Hitler's laws and actions against the Jews, which were in a unique class of evil by themselves, but Trump's measures against Muslim and other non-white immigrants are motivated by the same spirit of exploiting racial and religious hatred in the pursuit of absolute power that Hitler used so successfully.

    That is what we are seeing today in Donald Trump's America.

    Roger Algase

    Updated 03-20-2017 at 03:07 PM by ImmigrationLawBlogs
  9. ImmigrationLawBlogs's Avatar
    To read Donald Trump's latest self-congratulatory list of lies, typical of dictators and would-be tyrants throughout history, about his assaults on immigrants through his mass deportation raids and roundups, and his Muslim entry bans; and his assaults on middle class and less well off Americans through moving to take away their healthcare, social safety net and environmental protections, all of which will cause enormous hardship and suffering to millions of Americans who will then make immigrants scapegoats for their sufferings, go to:

    Roger Algase
    Attorney at Law
    Updated 03-13-2017 at 04:47 PM by ImmigrationLawBlogs
  10. ImmigrationLawBlogs's Avatar
    We all know it, so what is the point of burying our heads in the sand or pretending it isn't real?

    That won't make it go away.

    Roger Algase
    Attorney at Law
  11. ImmigrationLawBlogs's Avatar
    Nolan rarely, if ever addresses the mountain of evidence, beginning with Trump's call for a ban on US entry by all Muslims throughout the world in December, 2015, and continuing with his appointment of two of America's most notorious Muslim- haters, Stephen Bannon and the now disgraced Michael Flynn, as two of his top advisors after he was elected president while being rejected by the majority of Americans who voted in the election, that Trump's six or seven country Muslim bad is motivated by demagogic appeals hare and fear, not to any genuine national security concerns.

    Nolan refers to Trump's "flexibility" in terms of which countries may be included in the ban in the future. Yes, there is "flexibility" in Trump's order - flexibility to add more Muslim countries to the ban in the future until his original goal of banning Muslim immigration world-wide is achieved.

    However, there is one point where I agree with Nolan: Trump's proposals to reduce legal immigration to the US and to engage in mass deportation of unauthorized immigrants living in America are not only aimed against Muslims.

    They show many signs of being part of a larger plan, one which looks back to the bigoted 1924 immigration law which both Jeff Sessions and Bannon's Breitbart News have had such high praise for, and which Trump himself indirectly supported in his his August 31, 2016 immigration address - namely reducing or eliminating all immigration to the US from non-white areas of the world.

    Nolan also suggests that my criticism of Trump is based on some kind of personal animosity. This idea is baseless.

    I refer Nolan to the March 7 issue of Bloomberg Law Daily Labor Report (I do not have the link) which contains an article dealing with the recent decision by USCIS to put a temporary hold on H-1B premium processing.
    I was virtually the only lawyer cited in the article who did not express suspicions that this suspension was part of a plot to eliminate the H-1B visa and to launch an attack on other legal employment-based programs.

    I was the only voice in the article saying that Trump cannot be blamed or held responsible for everything that takes place in the immigration system, and that the USCIS action with regard to H-1B premium processing was reasonable, and should be taken at face value as a measure to shift limited USCIS resources over to the H-1B regular processing system in order to reduce the serious backlogs in regular H-1B processing, which can now take up to 8 months or even longer.

    But with Trump's Muslim country ban, we are dealing with an entirely different situation, one where Trump has been consistently seeking to demonize 1.6 billion people around the world, and to divide Americans, purely on the basis of their religion.

    This is against America's deepest values, against the spirit, if not the letter of our Constitution which protects religious freedom, and puts America's democracy in far more danger than whatever real or concocted imperfections might exist in America's procedures for screening immigrants from Muslim countries or refugees from all over the world.

    Roger Algase
    Attorney at Law
    Updated 03-10-2017 at 06:55 AM by ImmigrationLawBlogs
  12. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    With regard to the ludicrous argument that Nolan mentions concerning Iraq's alleged about face in suddenly being willing and able to provide the US with "vetting" information about its citizens that it allegedly was unwilling or unable to provide just over a month ago, the main justification for Trump's Muslim ban, according to the January 27 EO itself was that the US needed more time to decide what additional information it needs about people it admits to the US. If the US has not yet decided what additional information it needs, how can Trump be so sure that Iraq is now ready to provide it?


    Nolan has also made some personal comments about me and the reasons for my comments which, out of respect for his distinguished achievements and reputation, i will not respond to.

    Roger Algase
    Attorney at Law
    Once again, Roger is assuming bad faith and underhanded intentions on the president's part. The pertinent part of the original Executive Order reads as follows:

    After the 60-day period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals .... from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs.

    Trump is saying that the secretaries of State and DHS are tasked to find out which countries will provide the requested information, and then draw up a list of countries that refuse to comply which they think should be included in a proclamation that will prohibit the entry of their nationals until they come into compliance.

    In other words, the directive isn't rigid at all. The secretaries will do what they are tasked to do and then give Trump a recommendation. He will then decide which if any of the countries in question should be included in the proclamation.

    Trump has decided that the willingness of the Iraqi government to provide whatever information is requested and the other factors he describes in the revised Executive Order warrant taking them out of the travel ban.

    Why can't Roger give Trump credit for being flexible and removing one of the countries from the travel ban? That's a good thing, isn't it?

    As for my "personal comments" about Roger. They were not intended to be an insult. I am just tired of seeing one of his Trump diatribes in every issue of, and in the comment section of every article I post on, whether it has anything to do with the subject of my article or not.

    This makes me think of the fairy tale of the boy who cried wolf.

    Nolan Rappaport
  13. ImmigrationLawBlogs's Avatar
    With regard to the ludicrous argument that Nolan mentions concerning Iraq's alleged about face in suddenly being willing and able to provide the US with "vetting" information about its citizens that it allegedly was unwilling or unable to provide just over a month ago, the main justification for Trump's Muslim ban, according to the January 27 EO itself was that the US needed more time to decide what additional information it needs about people it admits to the US. If the US has not yet decided what additional information it needs, how can Trump be so sure that Iraq is now ready to provide it?

    What kind of country is America turning into under Donald Trump?

    As Cicero said in the same speech referred to above:

    O tempora! O mores!

    What kind of society and what kind of time do we live in?

    Nolan has also made some personal comments about me and the reasons for my comments which, out of respect for his distinguished achievements and reputation, i will not respond to.

    Roger Algase
    Attorney at Law
    Updated 03-08-2017 at 05:39 PM by ImmigrationLawBlogs
  14. ImmigrationLawBlogs's Avatar
    The only hate filled history I am aware of in this context is the collection of outrageous statements that Roger has made about President Trump. I do not recall a single day when he hasn't posted one on the website.

    Give it a rest, Roger.

    Nolan Rappaport
  15. ImmigrationLawBlogs's Avatar
    Cicero's famous line which I have quoted above in his speech against Cataline about abusing the patience of society (in his case, in the form of the Roman Senate) was never more apposite than in the case of the seven (now six) country Muslim immigration ban.

    Trump has provided nothing but what one federal court recently called a "nightmare scenario" (in a case involving refugees, but also applicable to Muslim immigrants in general), for claiming that there is any significant national security threat to the US from admitting visitors and immigrants from the seven countries involved.

    Nor is there any record that Trump has produced so far of a single substantiated terrorist incident or threat in the United States by any citizen of the banned countries.

    We are not talking about Europe. Trump is not the president of Europe (much as his friend Putin may be seeking that role through military force and electoral subversion, but that is a different subject).

    On the contrary, as the 9th Circuit pointed out in its TRO decision and oral argument concerning the now-revoked original January 27 Muslim ban, the record is replete with evidence that Trump intended this to be a ban on members of the Muslim religion in general

    Does Donald Trump think that his campaign of hate and invective against Muslims in general, not just the terrorist organizations which are reportedly having a field day recruiting new members on the basis of the intense animosity that Trump and his Bannon/Miller/Flynn cabal have been stirring up against all Muslims throughout the world has been forgotten?

    In looking at the motive for the ban, are the courts and the public supposed to ignore evening Trump has been saying for more than a year past?

    And it is not just a year. The hate-filled history of the Dillingham Commission, which was active from 1907 to 1910, over 100 years ago, and which claimed that Catholic and Jewish immigrants were a danger and a threat to the fabric of American society, and which ultimate led to most members of these two religions being banned from the US in an infamous, openly racist, 1924 law that both AG Jeff Sessions and Bannon's Breitbart Newa have had high praise for, is being brought back to America by Donald Trump.

    Nolan also claims that Iraq, which was put on the banned list just over a month ago, is now suddenly willing and able to provide sufficient "vetting" information about its citizens that it was allegedly unwilling or unable to provide as recently as January 27, 2017, and that is why it has now been removed from the entry ban list.

    Certainly, a legal scholar of Nolan's distinguishec reputation cannot expect anyone to take that argument seriously.

    I repeat Cicero's famous words that are so well known as not to need translation, and which so clearly apply to Trump and his Muslim ban:

    Quo usque tandem abutere...

    patientia nostra?

    How much longer will Donald Trump and his cabal of hate against not only Muslims, but all non-white immigrants (since we all know that the seven or six country and and worldwide refugee bans are only the first step toward closing America's border against non-white immigrants in general) continue to abuse the patience of the American people and America's very existence as a nation of freedom and equality fo all?

    Roger Algase
    Attorney at Law
    Updated 03-08-2017 at 02:26 PM by ImmigrationLawBlogs
  16. ImmigrationLawBlogs's Avatar
    Some people have called Trump's efforts to prevent foreign terrorists from coming here "bogus fear-mongering." This is my response to that claim:

    Bogus fear-mongering? I’ll bet that many people in Europe wish their leaders had done what Trump is doing before the terrorist attacks started there. See my article, “The refugee crisis is being blamed for the terrorist attacks in Europe” (August 2, 2016),,0802-Rappaport.pdf

    But if Europe had taken the kinds of precautions Trump is taking before it was too late, the people who are complaining about what Trump is doing would have accused their leaders of bogus fear-mongering too.

    It’s too late to undo the carnage in Europe, but it is not too late to take precautions in an effort to prevent it from happening here.

    As I have said many times already, this is not a Muslim ban. Trump is stopping immigration from countries with governments that won’t provide the information we need to do meaningful background checks.

    Don’t believe me? Consider the fact that he removed Iraq from the travel ban when he got assurances from the Iraqi government that they will provide the information we need.

    Nolan Rappaport
  17. ImmigrationLawBlogs's Avatar
    Trump is crazy - like a fox. His lunatic charge, without the slightest scintilla of evidence, that President Obama wiretapped him, has pushed all the media stories about the scandals of his Russia connections and those of his top advisors, and his attempts to conceal them and intimidate people who report about them or want to investigate them, out of the headlines.

    If America were still governed by reason and the rule of law, the wheels of impeachment of Donald Trump would already be in motion.

    To quote from the opening line of Cicero's famous speech against Cataline over 2,000 years ago:

    Quo usque tandem abutere...

    patientia nostra?

    How much longer will Donald Trump's lies, and his attempts to impose a white supremacist dictatorship in the U.S., continue to abuse the patience of the American people?

    Roger Algase
    Updated 03-06-2017 at 09:02 AM by ImmigrationLawBlogs
  18. ImmigrationLawBlogs's Avatar
    This is apropos of the latest scandal involving accusations that AG Feff Sessions, one of the fiercest immigrant haters in Trump's entire circle of bigots and white supremacists, allegedly lied to a Senate committee about his contacts with Russia.

    While there are no allegations or evidence that this came under discussion, it is noteworthy that just as Sessions wants to expand private prisons and make more jail space available for immigrants (and, maybe soon, their American supporters under INA Section 274), Putin is reportedly constructing a gulag of 83 immigration prisons in his country.

    Roger Algase
    Attorney at Law
    Updated 03-02-2017 at 07:28 PM by ImmigrationLawBlogs
  19. ImmigrationLawBlogs's Avatar
    It is hard to believe the way that the mainstream media are falling all over themselves praising Trump's so-called "presidential" speech to Congress, even though it contained little more than empty, meaningless, platitudes mixed in with large doses of the same old anti-immigrant hate that he has been showing, with only occasional letups, from the beginning of his presidential campaign almost two years ago.

    Anyone who thinks that Trump's February 28 speech to Congress is the sign of a "new", "presidential" Donald Trump just isn't paying attention to what he is actually saying (and doing) with regard to immigration, not to mention many other issues where he is also standing up for wealthy white privilege, and against the interests of the less well off and most vulnerable people of all races and nationalities in our society.

    Roger Algase
    Attorney at Law
    Updated 03-01-2017 at 01:53 PM by ImmigrationLawBlogs
  20. ImmigrationLawBlogs's Avatar
    Could Donald Trump's attempts to rig America's immigration system against Muslim immigrants and visitors who want to come to America, and against Latino, Asian, Middle Eastern and black immigrants who want to remain in this country, lead to dictatorship, just as persecution of the Jews and and other regime opponents did in Nazi Germany?

    Peter Schrag of The American Prospect shows in an article how Trump's latest actions against immigrants of color, fueled by a white supremacist cabinet member such as Jeff Sessions and cypto-fascist advisers such as Stephen Bannon and Stephen Miller could be part of a larger plan to destroy democracy in America.

    See, February 24:

    Could There Be an American Reichstag Fire? Don't Underestimate Trump.

    Roger Algase
    Attorney at Law
    Updated 02-28-2017 at 06:31 PM by ImmigrationLawBlogs
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