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  1. Could Trump's Silence on Twitter in Response to Attack Against London Mosque Worshippers Hurt His Muslim Ban Case in the Supreme Court? Roger Algase

    Earlier this month, after Donald Trump unleashed a "tweetstorm" in an attempt to defend both his original seven Muslim country entry ban order and what he himself called the "watered-down" six Muslim country version, the media were full of statements by legal experts, such as law professor Josh Blackman of the University of Houston, warning that the president was undermining his own legal argument to the effect that the order was a national security measure, not motivated by "animus" toward Muslims as members of a religion or a desire to discriminate against them.

    For one of many press reports dealing with this subject, see the New York Times June 5 article:

    https://www.nytimes.com/2017/06/05/u...ravel-ban.html

    However, remarkably, Trump abstained from Twitter entirely and issued no personal statement when Muslims were the victims of an attack, such as the one on June 19 in Finsbury Park in London. (The US State Department did issue an official response condemning the attack.)

    The president's uncharacteristic decision to stay away from Twitter and not to issue any personal statement about the latest London attack, has, however, set off a storm of criticism against him in the press for being ready to condemn Muslims in general whenever a Muslim is the perpetrator of a terrorist attack, but remaining silent when Muslims are the victims of one.

    A June 20 article by Christian Christensen in The Guardian, for example, states as follows:

    https://www.theguardian.com/commenti...speaks-volumes

    "Donald Trump didn't send out a tweet after the terrorist attack in Finsbury Park in London that killed one and injured many more. His silence after this attack was markedly different from his immediate, fevered, tweeting after numerous other terrorist attacks in Europe - and that matters.

    For Trump, it's clear that this wasn't the right kind of attacker and these weren't the right kind of victims."

    Just in case that there could be any possible doubt as to what the author meant by the above comment, he continues:

    "In the case of Finsbury Park, Muslims injured by a white Christian man are not 'worthy' of attention because they do not serve Trump's larger project of the demonization of Muslims, refugees and immigrants...Nor do they serve the interests of portraying white Christian Europe (and by association, white Christian America) as the bastion of all that is decent and good."


    Strong and eloquent words, but what do they have to do with Trump's Muslim country entry ban executive order, affecting almost 200 million people, more than 99 percent of whom are Muslims, who, according to its terms, are barred from even applying for visas to enter the United States without any showing or reason to suspect that they might have terrorist sympathies or connections?

    At the heart of Trump's legal defense of this order, and its now withdrawn seven Muslim country predecessor, before various federal courts, has been the contention that his numerous, openly Islamophobic campaign statements, such as his December 2015 call for a worldwide ban on entry to the US by Muslims from every country (including originally US citizens as well), and his statements such as the one that Islam allegedly hates America, should be ignored for litigation purposes because they were supposedly only pre-election talk.

    According to this argument, Trump deserves to be treated as a leopard who suddenly changed its spots from the day that he took over the office of the presidency, and that none of his previous statements (which a 4th Circuit judge found to be "dripping" with "animus" and religious intolerance against Muslims) count any more.

    To the contrary, according to the arguments which Trump's Justice Department has been making before various lower federal courts and the Supreme Court, these statements should be consigned to an Orwellian "Memory Hole" as described in the famous, and all too prescient novel 1984.

    Aside from the fact that many of Trump's actions as president, including his appointment to top positions of two of America's leading Islamophobes, Michael Flynn, who has called Islam a "cancer" rather than a religion, and Stephen Bannon, who regards the Christian West as being locked in a "War of Civilizations" with the Muslim world, not to mention Trump's aforesaid "Tweetstorm" over his Muslim ban orders, show the utter meretriciousness of this legal argument (from the Latin meretrix - look it up in the dictionary), the president's studied silence in the face of a brutal terrorist attack directed against Muslims, not by them, gives the lie to any possible contention that his Muslim ban orders were motivated by anything other than hostility toward Muslims as members of a religion in general.

    Whether the Supreme Court will take note of this self-evident reality, or whether it will choose to let itself be blinded to the obvious truth by some concocted legal fiction, is something that America may be finding out shortly, with enormous potential implications for the survival of our democracy.
    ___________________________________
    Roger Algase is a New York immigration lawyer who has been helping mainly skilled and professional immigrants from diverse parts of the world, without regard to ethnicity, religion or national origin, and in the true spirit of America, receive work visas and green cards for more than 35 years. Roger's email address is algaselex@gmail.com


    Updated 06-21-2017 at 03:17 PM by ImmigrationLawBlogs

  2. Trudeau tweets not the answer to Canada's refugee issues. by Nolan Rappaport



    © Greg Nash

    The day after President Donald Trump issued his first travel ban order, Canadian Prime Minister Justin Trudeau tweeted a message to aliens “fleeing persecution, terror & war.” In addition to the inappropriateness of accusing the president of the United States of religious discrimination, his tweet made a promise that Canada will not be able to keep.

    His tweet was an unqualified invitation to the 65.6 million aliens worldwide who have been displaced from their countries by conflict and persecution. Canada almost certainly will have to turn away many of the aliens who accept the invitation and come to Canada relying on it.
    Some will be disqualified by Canada’s Safe Third Country Agreement with the United States, which requires asylum seekers to apply for asylum in the United States if they enter that country before entering Canada, with some exceptions.

    Also, his invitation includes aliens who are fleeing terror and war, and despite their very real need for refuge, they are not likely to be able to establish eligibility for refugee status or asylum on that basis. According to UNHCR figures, only 22.5 million of the 65.6 million displaced persons are refugees.

    Trudeau’s tweet reminds me of President Jimmy Carter’s invitation to Cuban refugees when he was asked what the government was going to do about the Mariel Boat Lift. On April 20, 1980, Cuban President Fidel Castro announced that he would permit Cubans wishing to leave Cuba to go to the United States. Two weeks later, Carter said that the United States would "welcome the Cuban refugees with open arms and open hearts."

    Read more at --
    http://thehill.com/blogs/pundits-blo...witch=standard

    Published originally on The Hill.

    About the author.

    Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security, and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.





    Updated 06-21-2017 at 08:19 AM by ImmigrationLawBlogs

  3. How Trump's Mass Deportations Are Undermining the Rule of Law and Destroying Our Democracy. Roger Algase

    Update: June 20, 2017

    Anyone who has any doubts about the sheer cruelty of Trump's deportation dragnet, which has so much in common with that of "law enforcement" under totalitarian regimes, or who might be misled by the argument that Trump's deportations are somehow no different from Obama's, should read Slate's June 15 article:

    Days of Deportation


    The article gives 60 typical examples of utterly harmless people, most of them Hispanic, with no major criminal convictions or in many cases no criminal record at all, who were caught at least temporarily in the quasi-fascist nightmare known as

    Immigration enforcement in the age of Trump.

    https://slate.com/news-and-politics/...at-a-time.html

    My original comment follows.

    As democracy in America hangs in a precarious balance caused by Donald Trump's attempt to set himself completely beyond and above the rule of law by threatening to fire special prosecutor Robert Mueller

    https://www.nytimes.com/2017/06/12/u...rump.html?_e=0

    See also:

    http://www.politico.com/story/2017/0...a-probe-239681

    it is instructive to look at what led to this mortal danger to America's continued existence as a free country governed by law rather than by a one-man dictatorship. See the May 10 article by the respected international journalist Mehdi Hasan:

    After James Comey's Firing, Who Will Stop Trump's Tinpot Dictatorship?


    https://theintercept.com/2017/05/10/...-dictatorship/

    There can be little doubt that this existential threat to our freedom began with Trump's authoritarian mass deportation agenda aimed at the expulsion and ethnic cleansing of up to 11 million mainly Latino, Asian, Middle Eastern and black immigrants from America.

    First, look at Trump's immigration rhetoric both before and after the November 2016 election in which Trump was resoundingly defeated by Hillary Clinton in the popular vote by almost 3 million votes. Wall Street Journal writer Ana Campoy writes as follows in her well researched May 9 article in Quartz:

    The way Trump talks about immigration is a textbook authoritarian technique for consolidating power:

    https://qz.com/975169/the-way-trump-...idating-power/

    "Jason Stanley, a philosophy professor at Yale University and the author of How Propaganda Works, classifies the president's combative immigration speech as 'standard strongman dictator stuff.' Trump employs classic techniques used by authoritarians to convince others to accept their value system of law and order.

    Since the US's current reality doesn't call for law and order [Donald Trump style], Trump must find ways to distort it. [Illegal] Immigration was at historically law levels even before Trump took office. So are crime rates, as fact checkers keep pointing out. Furthermore, research shows there's no connection between the two. Yet in his speech leading up to the November election, Trump described an America under attack from criminal immigrants pouring in through the border - bad hombres, rapists and drug traffickers."

    Campoy concludes:

    "...Trump is exploiting existing anxieties some [white] Americans feel about immigrants and other minorities to secure their [Americans'] open-ended support."

    In addition to being based on the typically authoritarian lie that a targeted minority or minorities are inherently dangerous to the safety and welfare of the majority - one is reminded of Joseph Goebbels' infamous cry, which is so well known to Holocaust history that translation is not necessary:

    "Die Juden sind unser Unglueck!"

    the mechanism of Trump era deportation itself is based on, and infused with, authoritarian practices not unlike those which the world came to be familiar with under fascism.

    Harvard Ph.D and Guggenheim Fellow Norman Pollack writes the following in his February 24 Counterpunch article:

    Drumbeat of Fascism: Find, Arrest, Deport


    https://www.counterpunch.org/2017/02...arrest-deport/

    "Right off the bat we find that aggressive enforcement shall be more inclusive of coverage (any pretext will do, like minor infractions of the law, to start the deportation process) and punitive in execution. As for the full force of the federal government, this makes viable - integral to the machinery and spirit of enforcement - a trickle-down fabric of authority, in which state and local governments are directly involved in the overall process..."

    Pollack continues:

    "The sentence which follows in the [New York Times] article fairly bursts with the entertainment of fascist thought on a sweeping basis:

    'Documents released on Thursday [2-21] by the Department of Homeland Security reveal the broad scope of the president's ambitions: to publicize crimes by undocumented immigrants; strip such immigrants of privacy protections; enlist local police officers as enforcers; erect new detention facilities; discourage asylum seekers and, ultimately, speed up deportations.'"

    Pollack continues:

    "The climate of repression, coming so early in the functioning of the departments and agencies and the administration itself, a warning of what to expect, can be seen in the statement of John Kelly, secretary of homeland security...

    Inculcating fear
    into the body politic obviously invites fast and loose treatment of the rule of law, Trump...already is reaching beyond the constitutional parameters of presidential powers."

    The above may sound somewhat theoretical or abstract, but it brings back some very real childhood memories for Vera Klement, a prominent and accomplished 86 year-old American artist and Holocaust survivor. See: American Prospect

    Begin, Again: Trump Through the Eyes of a Holocaust Survivor

    http://prospect.org/article/begin-ag...caust-survivor

    American Prospect writes:

    "In Trump's calls for the expulsion of millions of undocumented immigrants, Vera hears echoes of her own story. She thinks about the anxieties expressed by Hispanic children who fear their parents will be deported, and recalls her own lost childhood. It was not the reality of the Gestapo's knock on the door that most altered Vera's young psyche (though that reality, when it came, was terrifying enough). It was the way the ever present dread of that knock shifted something fundamental in the home...

    Vera is painfully aware of something else: how marginalizing and demonizing a people changes their relationship in the larger world, and their connections to whom they love."

    American Prospect continues:

    "The president-elect's rendering of all Syrian refugees as potential public enemies...and the assertion of Trump's newly appointed national security adviser, General Michael T. Flynn, that 'fear of Muslims is rational' are also troubling to Vera. She is more aware than most that lives hand in the balance when leaders use such words."

    The above words were written on January 13, one week before Trump actually took office as president and began to make his agenda for mass deportation of Latino and other non-white immigrants and his threat to ban as many Muslims as possible from entering the United States into a totalitarian reality.

    No one would argue with the proposition that Trump is doing everything in his power to implement his authoritarian pledges to expel 11 million mainly Latino immigrants and ban more than 100 million Muslims from coming to the United States because of their religion, just as the Jews were excluded from German society by an authoritarian leader eight decades ago.

    Certainly, despite the appalling cruelty and lack of humanity in the way in which Trump's mass deportation policies are being carried out against Mexicans and other targeted
    minorities

    https://www.theguardian.com/us-news/...rtation-mexico

    does not have the slightest wish or intention whatsoever of committing genocide or exterminating any group or groups of people; and he is clearly interested only in expelling targeted groups from America or banning their members from entering this country, there are still certain parallels that cannot be overlooked between Trump and another leader referred to above.

    That same authoritarian ruler also rose to power by targeting and stoking hatred against an unpopular minority group; and he also demanded absolute "loyalty" from his underlings, just as Trump demanded loyalty from FBI director James Comey prior to firing him and may now be laying the groundwork for firing independent counsel Robert Mueller, something which would eliminate any brakes on the president's power and effectively end democracy in America as we know it.

    If this happens, we can look at Trump's mass deportation of a demonized ethnic group or groups as the catalyst which led to the demise of our democracy, just as the Nuremberg laws anf Gestapo raids against the Jews heralded the end of democracy for all of the people of Germany eighty years ago.
    ___________________________________
    Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 35 years, Roger has been helping mainly skilled and professional immigrants receive work permits and green cards.

    Roger's practice is concentrated primarily on H-1 specialty occupation and O-1 extraordinary ability work visas; and on green cards through PERM labor certification and through opposite sex or same sex marriage. Roger's email address is algaselex@gmail.com

    Updated 06-20-2017 at 07:47 AM by ImmigrationLawBlogs

  4. The Dark Side of America: This is the Secretive, Quasi-Totalitarian Face of Deportation Under Donald Trump. Roger Algase

    The Guardian reports on June 7 about a secretive detention facility originally set up under the Obama administration, and which now, under Trump, has its own immigration court staffed with hastily flown in, short term judges from elsewhere.

    The facility is located in rural Louisiana, surrounded by a forest 150 miles from the nearest city, and almost 100 miles from the nearest town, Oakdate. In this facility, unauthorized immigrants, many of whom have been picked up for minor traffic offenses, and who are detained in horrible conditions with minimal due process and, in most cases, without access to counsel, are rushed out of the country as quickly as possible.

    This is not to say that immigration detention abuses were not rife under the Obama administration. Certainly they were. But The Guardian's report indicates that, under the new administration, these abuses are systematic and are approaching totalitarian, concentration camp - like levels totally at odds with America's standing as a nation supposedly based on human rights and the dignity of the individual.

    The following are some extracts from The Guardian's story on the LaSalle detention facility. The full article is available at"

    https://www.theguardian.com/us-news/...tation-lasalle

    The article begins:

    "This is the LaSalle detention facility that, since March of this year, has been holding removal proceedings for hundreds of detained migrants in courtrooms adjoining a private detention center which incarcerates more than 1,100 men and women and has the highest number of prisoner deaths America over the past two years."

    The Guardian
    then describes the situation of one of the detainees before one of the constantly rotating immigration judges who are flown in, often from far a way locations, to preside in inadequate, makeshift courtrooms for a brief time that does not allow them to become familiar with any of the assembly line of cases in front of them:

    "Marcos Ramirez Jr., sat alone before the judge, listening through a headset as the translator interpreted proceedings in Spanish. The Court heard how the Guatemalan national had lived in America for four decades after crossing the border into the US in 1980. He had been with his wife in Alabama for 15 years and had no criminal history.

    In April, Ramirez was apprehended by law enforcement for allegedly driving recklessly and without a license. The charges were enough to see him transferred to immigration detention. At a hearing earlier in May, he had been offered a bond of $7,000 but told the court on Wednesday he had no ability to pay it.

    'It has been two weeks since I heard from my wife,' he said., he said...'She has stage three cancer.' Ramirez had no idea if she was now in hospital or, by extension, whether she was dead or alive."

    What about even the most elementary due process of law at LaSalle?

    The Guardian continues:

    "According to data gathered by the Southern Poverty Law Center, only 6% of detained immigrants brought to the Oakdale court between 2007 and 2012 (which during thi period heard cases from LaSalle) had attorneys. This marked the joint lowest rate of immigration at any immigration court in the US...

    Scott [a lawyer assisting detainees at the facility] who practices in the city of Baton Rouge more than 150 miles away, said in many cases under the new setup, detainees have been brought into proceedings within two days of their arrival at the detention center, making it almost impossible to receive advice from an attorney."

    So much for any notion of "justice" at LaSalle. But what are the physical conditions like for the detainees? The Guardian reports:

    "The LaSalle has long been associated with poor standards of care and detainees regularly report substandard medical attention to researchers at the Southern Poverty Law Center.

    Among the conditions in the same article are 100 people being forced to share just three toilets, and, according to one detainee, everyone getting sick from the "disgusting" food.

    According to the same report, Jeremy Jong, another immigration lawyer working at LaSalle said:

    "Time and time again, you hear from your clients that conditions there are horrible and brutal...Detention drives a lot of people crazy, to the point where they would rather go [back] to a place that they know is dangerous, where they have no family, where they might be tortured."

    No, the above is not a description of Dachau, Buchenwald, or present-day North Korea. This is the dark side of America in the "Era of Donald Trump."

    Today, these abuses and denials of basic human rights are directed primarily at immigrants. But, if these abuses are tolerated with regard to any class of people within our borders, no matter how unpopular they may be with certain politicians and members of the public, how long will it be before they become the new normal directed against American citizens as well?

    _________________________________
    Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 35 years, Roger has been helping mainly skilled and professional immigrants receive work visas and green cards.

    Roger's main areas of practice include H-1B and O-1 work visas; and green cards through labor certification (PERM, including EB-2 and EB-3 ), extraordinary ability (EB-1) and through opposite sex or same sex marriage.

    Roger's email address is algaselex@gmail.com




    Updated 06-17-2017 at 05:06 PM by ImmigrationLawBlogs

  5. Outrage Grows as ICE Arrests Iraqi Christians Who Face Danger of ISIS Genocide if Deported. Roger Algase

    POLITICO reports that outrage and fear have broken out among the Iraqi Christian community in Michigan after ICE arrested 40 members of that community in apparent preparation to send them back to Iraq, where, according to a finding by the Obama administration which Trump has not contradicted or overturned to anyone's knowledge, they could face the threat of ISIS genocide.

    This action also makes a mockery of Trump's campaign promise to protect Christian minorities in the Middle East from Islamist terror. It also undermines the entire rationale for Trump's Muslim ban executive orders, which are ostensibly aimed at barring Muslim terrorists from entering the United States.

    How would providing these same terrorists with more victims by sending them Iraqi Christians, many of whom have been living in the U.S. for decades but have been convicted mainly of minor crimes, jibe with Trump's anti-terror justification for his drastic order banning almost 200 million people from six Muslim countries from even applying for visas to enter the U.S. purely because of their nationality?

    For the full story of the inhumanity and hypocrisy in this betrayal of the president's promises to protect Middle Eastern Christians, see:

    http://www.politico.com/story/2017/0...istians-239511

    Roger Algase
    Attorney at Law


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