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Blog Comments

  1. ImmigrationLawBlogs's Avatar
    Out of respect for Nolan's distinguished reputation as an immigration law authority and, not least, his many activities on behalf of immigrants and immigrant rights as a Congressional staffer, I have made a decision not to post any further comments in response to Nolan's blogging articles.

    My views are available in my own ilw.com blogging comments.

    Roger Algase
    Attorney at Law
  2. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    I am genuinely sorry if Nolan was offended by anything I said in my previous comment or comments. No disrespect to Nolan was intended.

    Roger Algase
    Attorney at Law
    I was frustrated, not offended.

    Nolan Rappaport
  3. ImmigrationLawBlogs's Avatar
    I am genuinely sorry if Nolan was offended by anything I said in my previous comment or comments. No disrespect to Nolan was intended.

    Roger Algase
    Attorney at Law
  4. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    Nolan knows just as well as anyone else that IIRIRA was a one-sided Republican bill passed by a Republican-controlled Congress without discussion or debate as a rider to a must-pass appropriations bill just a month before a presidential election. If President Bill Clinton had not signed the omnibus bill, he would have been blamed for shutting down the government and might have lost re-election.

    Does this mean that he did the right thing by signing the bill rather than risking his presidency as a "profile in courage" and vetoing it?

    Arguably, not. But creating an impression that IIRIRA was somehow Clinton's bill or that the Republicans had nothing to do with it is an example of revisionist history.

    But let us imagine, for a moment, that IIRIRA had been an openly debated bipartisan bill passed with the enthusiastic support of both parties (which is a little like imagining that Pluto is our nearest planet rather than Mars or Venus, or that there are really two suns).

    Is that 20-year old law an excuse for Trump's current deportation policies? Is he compelled by law to deport everyone in this country without legal status without exception (which Nolan has pointed out himself is impossible anyway, if I understand many of his previous comments correctly) or face impeachment for dereliction of duty?

    Is that Nolan's argument?

    Roger Algase
    Attorney at Law
    It isn't possible to have a meaningful discussion with Roger on immigration issues. He doesn't address the points I make in my comments. He says, "But let us imagine, for a moment, that IIRIRA had been an openly debated bipartisan bill passed with the enthusiastic support of both parties..."

    If he had read my comment, he would know that Bill Clinton did enthusiastically support IIRIRA.

    I keep promising myself that I won't waste any more of my time in pointless discussions with Roger. He is blind to other ways of looking at immigration issues and his obsessive hatred of Trump has destroyed the last vestige of his credibility. He posts Trump hate tirades almost daily on ILW.com.

    Maybe this time I will keep the promise.

    Nolan Rappaport
  5. ImmigrationLawBlogs's Avatar
    Nolan knows just as well as anyone else that IIRIRA was a one-sided Republican bill passed by a Republican-controlled Congress without discussion or debate as a rider to a must-pass appropriations bill just a month before a presidential election. If President Bill Clinton had not signed the omnibus bill, he would have been blamed for shutting down the government and might have lost re-election.

    Does this mean that he did the right thing by signing the bill rather than risking his presidency as a "profile in courage" and vetoing it?

    Arguably, not. But creating an impression that IIRIRA was somehow Clinton's bill or that the Republicans had nothing to do with it is an example of revisionist history.

    But let us imagine, for a moment, that IIRIRA had been an openly debated bipartisan bill passed with the enthusiastic support of both parties (which is a little like imagining that Pluto is our nearest planet rather than Mars or Venus, or that there are really two suns).

    Is that 20-year old law an excuse for Trump's current deportation policies? Is he compelled by law to deport everyone in this country without legal status without exception (which Nolan has pointed out himself is impossible anyway, if I understand many of his previous comments correctly) or face impeachment for dereliction of duty?

    Is that Nolan's argument?

    Roger Algase
    Attorney at Law
    Updated 05-22-2018 at 01:07 PM by ImmigrationLawBlogs
  6. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    Don't get me wrong, It was just as unfair, just as cruel, just as senseless, for ICE to arrest Irish-born John Cunningham, a non-criminal immigrant and business owner who overstayed his visa waiver permission almost 20 years ago as it is for ICE to do the same to thousands of Latino, Asian and black immigrants who are in the same or similar, positions.

    I am not for one instant recommending that Trump should arrest and deport more harmless, non-criminal white immigrants.

    I am only opposing Trump's ethnic cleansing of darker skinned immigrants who present no more danger to the US than John Cunningham.

    http://www.bbc.com/news/world-us-canada-40332646

    Roger Algase
    Attorney at Law
    Roger, did you know that participants in the Visa Waiver Program must sign a waiver agreeing to forfeit the statutory right to appear in immigration court if they remain in the U.S. for longer than 90 days? That means Cunningham wasn't even entitled to a hearing before an immigration judge before he was deported.

    He didn't just overstay for 90 days. He stayed here for more than 20 years, presumably knowing that he was violating our immigration laws by being here.

    Roger, where does your "harmless, non-criminal immigrants" standard come from? Can you show me the provisions in the INA that exempt harmless, non-criminal immigrants from deportation?

    And can you explain to me why it is unfair, cruel, and senseless for the President of the United States to deport aliens who are here illegally in violation of the laws passed by our elected representatives and signed into effect by previous presidents?

    Was Bill Clinton being unfair, cruel and senseless when he signed IIRIRA into law? IIRIRA has done more harm than anything else that has happened in the immigration field....ever.

    Are you going to say he didn't know what he was signing? Consider what he said in his formal statement at the signing ceremony. He explicitly acknowledged that he was in favor of strengthening the rule of law by cracking down on illegal immigration. The pertinent part of his statement reads as follows:

    This bill, ... includes landmark immigration reform legislation that builds on our progress of the last three years. It strengthens the rule of law by cracking down on illegal immigration at the border, in the workplace, and in the criminal justice system—without punishing those living in the United States legally.

    Don't believe me? Read it yourself. http://www.presidency.ucsb.edu/ws/index.php?pid=52021


    Nolan Rappaport

    Updated 05-21-2018 at 09:16 PM by ImmigrationLawBlogs
  7. ImmigrationLawBlogs's Avatar
    Don't get me wrong, It was just as unfair, just as cruel, just as senseless, for ICE to arrest Irish-born John Cunningham, a non-criminal immigrant and business owner who overstayed his visa waiver permission almost 20 years ago as it is for ICE to do the same to thousands of Latino, Asian and black immigrants who are in the same or similar, positions.

    I am not for one instant recommending that Trump should arrest and deport more harmless, non-criminal white immigrants.

    I am only opposing Trump's ethnic cleansing of darker skinned immigrants who present no more danger to the US than John Cunningham.

    http://www.bbc.com/news/world-us-canada-40332646

    Roger Algase
    Attorney at Law
    Updated 05-21-2018 at 04:26 PM by ImmigrationLawBlogs
  8. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    With regard to Nolan's last sentence above, my more than 30-year record of representing immigrants from every part of the world, Europe included, without regard to race, creed color or national origin, speaks for itself, and I have never advocated racial discrimination against any group of immigrants.

    I have only opposed policies which would give preference to white immigrants because of their skin color, such as Trump himself advocated on January 11 when he condemed immigration from "shithole" countries such as Haiti and countries of Africa, and stated that he wants more immigrants from "Countries like Norway."

    Readers who are interested in learning more about Stephen Miller and his role in shaping Trump administration immigration policy can check out:

    https://www.alternet.org/right-wing/...stephen-miller

    And the best advice that anyone could possibly give Donald Trump about immigration policy comes out of Africa, in the form of a Kiswahili proverb:

    "Bora kujenga madaraja kuliko kuta."

    ("It is better to build bridges than walls.")

    Would Trump be willing to listen to this wise advice?

    Roger Algase
    Attorney at Law
    Roger, You are fretting constantly over your perception that ICE is arresting more nonwhite aliens than white aliens.

    The only way to fix that problem would be for ICE to arrest fewer aliens who are nonwhite and more who are white.

    But wouldn’t choosing who to arrest on the basis of race be racism?

    I have a suggestion. How about prioritizing which aliens ICE should arrest without reference to race but leave the ICE officers free to arrest any other deportable alien they want to arrest. That's Trump's policy. Under Obama, ICE officers had to get permission from a high level supervisor before they could arrest an alien who wasn't in a priority category.

    Nolan Rappaport
    Updated 05-21-2018 at 02:25 PM by ImmigrationLawBlogs
  9. ImmigrationLawBlogs's Avatar
    With regard to Nolan's last sentence above, my more than 30-year record of representing immigrants from every part of the world, Europe included, without regard to race, creed color or national origin, speaks for itself, and I have never advocated racial discrimination against any group of immigrants.

    I have only opposed policies which would give preference to white immigrants because of their skin color, such as Trump himself advocated on January 11 when he condemed immigration from "shithole" countries such as Haiti and countries of Africa, and stated that he wants more immigrants from "Countries like Norway."

    Readers who are interested in learning more about Stephen Miller and his role in shaping Trump administration immigration policy can check out:

    https://www.alternet.org/right-wing/...stephen-miller

    And the best advice that anyone could possibly give Donald Trump about immigration policy comes out of Africa, in the form of a Kiswahili proverb:

    "Bora kujenga madaraja kuliko kuta."

    ("It is better to build bridges than walls.")

    Would Trump be willing to listen to this wise advice?

    Roger Algase
    Attorney at Law
    Updated 05-21-2018 at 12:45 PM by ImmigrationLawBlogs
  10. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    Donald Trump doesn't need anyone like me to tell him whom to deport. He already has Stephen Miller.

    Not to mention that Trump also has some ideas of his own - which have a lot to do with skin color and religion -about what kinds of immigrants he wants in this country and which ones he doesn't think have a right to be here - or to be called human beings.

    https://www.vox.com/first-person/201...als-immigrants

    Roger Algase
    Attorney at Law

    No, Roger, you are the one espousing selective prosecution, not Trump. He has told ICE and DHS that no one is above the law and that they are free to arrest any apparently deportable alien they encounter. And I am yet to hear you even claim that they are arresting aliens who do not appear to be deportable.

    Or are you claiming that deportable aliens with certain
    skin color and religion are above the law?

    How is it not being a racist to complain because Trump isn't just deporting white aliens?

    What do you have against white aliens?


    Nolan Rappaport
    Updated 05-20-2018 at 09:49 PM by ImmigrationLawBlogs
  11. ImmigrationLawBlogs's Avatar
    Donald Trump doesn't need anyone like me to tell him whom to deport. He already has Stephen Miller.

    Not to mention that Trump also has some ideas of his own - which have a lot to do with skin color and religion -about what kinds of immigrants he wants in this country and which ones he doesn't think have a right to be here - or to be called human beings.

    https://www.vox.com/first-person/201...als-immigrants

    Roger Algase
    Attorney at Law

    Updated 05-20-2018 at 08:50 PM by ImmigrationLawBlogs
  12. ImmigrationLawBlogs's Avatar
    Roger says, "Donald Trump, of course, hasn't killed or attempted to kill anyone, but he has destroyed quite a few families and lives of people whose only "crime" was being present in the United States without the right documents, while having the "wrong" ancestry, skin color or religion."

    That's a funny way for a lawyer to look at it, particularly an immigration lawyer.

    Trump only deports aliens who are here in violation of our laws. And he didn't write those laws. They were written by our elected representatives and signed by previous presidents., e.g., Bill Clinton signed IIIRA, which took the discretion almost completely out of immigration law.

    Apparently, Roger thinks presidents should ignore the law and only deport aliens he thinks should be deported. Maybe we should set up a government deportation policy office for Roger so he could provide this valuable service on a formal basis.

    Nolan Rappaport
    Updated 05-20-2018 at 01:47 PM by ImmigrationLawBlogs
  13. ImmigrationLawBlogs's Avatar
    I am not a Shakespeare scholar, but to the best of my limited knowledge of this play, Macbeth may have failed to accomplish his ultimate goal, but he did manage to do a great deal of damage to other people, and to elementary justice and the rule of law, along the way.

    This could also very arguably be another resemblance between Macbeth and Donald Trump, besides the one that Nolan mentions above.

    Donald Trump, of course, hasn't killed or attempted to kill anyone, but he has destroyed quite a few families and lives of people whose only "crime" was being present in the United States without the right documents, while having the "wrong" ancestry, skin color or religion.

    Roger Algase
    Attorney at Law
    Updated 05-20-2018 at 11:47 AM by ImmigrationLawBlogs
  14. ImmigrationLawBlogs's Avatar
    No doubt about that. Trump certainly did not invent the idea of violating due process. The question is how far he plans to go with it.

    Roger Algase
    Attorney at Law
  15. MKolken's Avatar
    Due process violations like deporting children without a lawyer?
  16. ImmigrationLawBlogs's Avatar
    Alex Nowrasteh's article, which Matt Kolken cites above, gives a number of different reasons why Trump purportedly might not be able to deport as many immigrants as Obama did.

    One of the reasons Nowrasteh mentions is that Obama's deportation figures were allegedly "padded" by including people removed at the border.

    In any event, deportation numbers do not necessarily tell the full story. Whether the immigration court system is providing fundamental fairness and due process of law to people in removal proceedings is a related, but separate, issue.

    Roger Algase
    Attorney at Law


    Updated 05-18-2018 at 11:13 AM by ImmigrationLawBlogs
  17. MKolken's Avatar
    "Try as he might, [Trump's] administration will not be able to ramp up removals to the level seen in the first term of the Obama administration."

    https://www.cato.org/blog/state-immigration-enforcement
  18. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    It is not a big secret to ilw.com readers that I do not always agree with Nolan on every single point. But I congratulate him on reaching this milestone and on all of his painstaking work, careful research and well-argued comments.

    We all owe Nolan a vote of thanks for sharing his views, whether one agrees with all of them or not.

    Roger Algase
    Attorney at Law
    Thanks, Roger.

    Nolan
  19. ImmigrationLawBlogs's Avatar
    It is not a big secret to ilw.com readers that I do not always agree with Nolan on every single point. But I congratulate him on reaching this milestone and on all of his painstaking work, careful research and well-argued comments.

    We all owe Nolan a vote of thanks for sharing his views, whether one agrees with all of them or not.

    Roger Algase
    Attorney at Law
    Updated 05-15-2018 at 09:40 PM by ImmigrationLawBlogs
  20. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    That is without question a clear case. However Nolan also cites an ACLU memo listing a number of hypothetical situations which conceivably could be prosecuted even though mens rea is far less clear.

    Roger Algase
    Attorney at Law
    But there is no reason to expect the prosecutors to take weak cases. Federal prosecutors aren't stupid people. When there are exponentially more good cases than they will ever be able to prosecute, it is extremely unlikely that they will take weak ones that would put them in jeopardy of an unnecessary constitutional challenge.

    Nolan Rappaport
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