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  1. Refugee Group Urges Supreme Court to Reject Trump's "Discriminatory, Anti-Muslim and Anti-Refugee" Policies Before Muslim Ban Argument. Roger Algase

    In connection with the beginning of oral argument before the Supreme Court dealing with the latest version of Trump's Muslim Ban, Oxfam America, a refugee assistance organization, has issued a statement including the following language:

    "Today's Supreme Court case is a moment of reckoning as to whether the US will remain an inclusive, welcoming place for people of all faiths and origins, or whether the US will choose to slam its door on the basis of religion.

    Oxfam has long opposed President Trump's anti-Muslim and anti-refugee rhetoric and policies. While the legal form of the various bans may have evolved over time, the discriminatory anti-Muslim and anti-refugee sentiment behind them is clear."

    After pointing out that admission of Muslim refugees has fallen to historic lows under the Trump administration, Oxfam's statement continues:

    "We are shocked and appalled by the administration's attempt to undermine the refugee resettlement program and its continued attempts to block entry of those from Muslim-majority nations...

    "Discriminating on the basis of religion is un-American, and we hope the Supreme Court upholds this core value."

    The full statement is available at

    https://www.oxfamamerica.org/press/o...me-court-case/

    It is not only the principle of religious freedom as guaranteed by the US constitution that is at stake in the Muslim Ban case. The supremacy of the rule of law in America is also at stake, as opposed to the administration's claim of unlimited presidential power to exclude immigrants for almost any reason whatsoever, no matter how arbitrary, capricious, bad faith, or openly bigoted the motivation for such exclusion may be.

    In the light of a recent federal court decision enjoining Trump's ban against military service by another target of Trump's discrimination, namely transgender people, on the grounds that they are a "protected class" because of the long history of prejudice against LGBT's in America, it is also worth exploring whether Muslims, both immigrants and US citizens, and, beyond that, non-white immigrants in general, should be treated as a protected class with respect to whom governmental action affecting their rights should be scrutinized very carefully by the courts.

    See Karnoski v. Trump, W.D. Washington, April 18, 2018.

    This question will be discussed in greater detail in my forthcoming comment.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com


    Updated 04-25-2018 at 12:48 PM by ImmigrationLawBlogs

  2. Trump's "Breeding Concept" Tweet Recalls Dark Period of White Supremacist "Eugenics Concept" Influence on the 1924 Immigration Act. Roger Algase

    Donald Trump's April 18 "Breeding Concept" tweet referring to Mexican and other mainly Hispanic immigrants in California, which I wrote about in my April 23 Immigration Daily comment, has continued to create a storm of public outrage, even as the White House refuses to explain exactly what the president meant by using this racially charged term.

    Instead, White House press secretary Sarah Huckabee Sanders argued that the word "breeding" could "mean a lot of things to a lot of people", even as DHS Secretary Kirstjen Nielsen repeated a favorite white nationalist phrase about the right of a "sovereign nation" to "defend its borders" (at a time when illegal border crossings are reportedly at one of the lowest levels in many years)!

    https://www.buzzfeed.com/jimdalrympl...y3D#.ybgaQ8Xoz

    It may be true that the word "breeding" taken by itself could mean a number of different things, but it is much harder to make that argument when "breeding" is combined with the word "concept", as in Trump's tweet.

    In the light of US immigration history, "breeding concept" can mean only one thing: eugenics - the dark pseudo science of alleged racial superiority and inferiority which had such a great influence on the "national origins" immigration quotas of the 1924 Immigration Act excluding most immigrants who were not from the "Nordic" countries of northern Europe (which Trump, almost 100 years later, now refers to as "Countries like Norway').

    Eugenics itself is also known as the "Eugenics Concept" according to a 2008 US government National Institutes of Health article. See, Guvercin:

    Eugenics concept: from Plato to present:

    https://www.ncbi.nlm.nih.gov/pubmed/19024333

    It is impossible to overlook or deny the huge influence that racist eugenics ideology has had, not only on the 1924 act (which Trump's attorney general, Jeff Sessions, lavishly praised in an "immigration Handbook" for Congressional Republicans which he published as a Senator in January, 2015, and which Adolf Hitler also praised nine decades earlier in Mein Kampf - see below).

    As the site lumen learning states in its scholarly article:

    Eugenics in the United States/Cultural Anthropology

    https://courses.lumenlearning.com/culturalanthropology/chapter/eugenics-in-the-united-states

    "The Immigration Restriction League was the first American entity associated officially with eugenics. Founded in 1894 by three recent Harvard University Graduates, the League sought to bar what it considered inferior races from entering America...

    The League
    allied itself with the American BREEDERS Association..." (Capital letters spelling added for emphasis)

    The above should make the background of Trump's "Breeding Concept" tweet just a little clearer than his press secretary was evidently aware of or willing to acknowledge.

    But this is by no means all there is in the way of background to Trump's tweet. There is much more.

    The same article goes on to explain:

    "With the passage of the Immigration Act of 1924, eugenicists for the first time played and important role in the Congressional debate as expert advisers on the threat of "inferior stock" from eastern and southern Europe."

    One might add that the 1924 Act's almost total ban against immigration by people of "inferior stock" extended not only to eastern and southern Europe, withthose areas' large Jewish and Catholic populations, but also to all non-white areas of the world (except for the "Western Hemisphere" countries which were not subject to quotas), including the entire areas of Asia, the Middle East and Africa.

    The 1924 annual US immigration quota for Germany, for example, was approximately 50,000 immigrants. For India, Japan and China, it was 100 immigrants for each country. No this is not a typographical error. I am not leaving out any zeros by mistake.

    And as the above article also mentions, the US eugenics movement (or "concept"!) had a great influence on the Nazi ideology which ultimately lead to the extermination of six million Jews in the Holocaust.

    This, of course, does not imply that Trump supports antisemitism or genocide - or course he does not. It only implied that words have great meaning and can have enormous consequences.

    While no one would assume that Trump is an expert on the history of eugenics or even of the 1924 immigration act, it is by no means unfair or inappropriate to suspect that when he uses racially loaded terms such as "breeding concept", h has been listening to certain powerful and influential immigration advisers are are only too well versed in this dark history, and are now, with the president's active cooperation, trying to bring as much of it as possible back to America's present.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com





    To be continued.

    Updated 04-24-2018 at 03:41 PM by ImmigrationLawBlogs

  3. Trump's "Breeding" Tweet Dehumanizes Immigrants, Echoing White Supremacists and Nazis. But DHS Chief Won't Criticize Her Boss. Roger Algase

    The following is a revised version, as of 9:56 am on April 22, of my comment which was originally posted on April 21.

    On April 18, Donald Trump issued a tweet which not only hit a new low point in his racial attacks on immigrants but contained disturbing echoes of Nazi anti-Jewish propaganda as well as "American as apple pie" style white supremacy. The tweet, as has been widely reported, was as follows:

    "There is a revolution going on in California Soooo many Sanctuary areas want OUT of this ridiculous crime infested & breeding concept. Jerry Brown is trying to back out of the National Guard at the border, but the people of the State are not happy. Want Security and Safety now."

    As in the case of many of Trump's other exercises in anti-immigrant demonization, the word "breeding" in this tweet appears to be ambiguous. It could refer, as the White House later claimed, only to "breeding" crime.

    But there is a darker and more ominous reference, namely to the of Mexican and other dark-skinned immigrants breeding too many children and thereby threatening America's white majority..

    According to the Southern Poverty Law Center (SPLC) and CNN, this is exactly the charge that Dan Stein, the head of one of today's most active and best known anti-immigrant groups, FAIR (Federation for Immigration Reform) made when he accused immigrants of "competitive breeding" in a 1997 WSJ interview, among the many other statements he has been reported as making accusing immigrants of undermining white "civilization" in America: See

    https://www.splcenter.org/fighting-h...gration-groups

    and

    https://www.cnn.com/2017/04/11/polit...ers/index.html

    also

    https://www.splcenter.org/fighting-h...dual/dan-stein

    Stein is far from the only immigration opponent in America today using dehumanizing ways of referring to immigrants. Dana Milbank, in an April 20 Washington Post article, quotes two present Republican Congressmen, Jeff Duncan (R-SC) and Steve King (R-Iowa) as also making remarks comparing immigrants to animals. See:

    Is it a coincidence that Trump uses the language of white supremacy?

    (I do not have a working link to this article - please use Google to access.)

    Even more ominously, Milbank also mentions the following example of Nazi propaganda against the Jews. whom the Nazis described as"

    "... the product of the inbreeding of asocial, criminal, degenerate and rejected elements..."

    While Trump of course does not support antisemitism or genocide in any form, any statement implying that Hispanic or any other groups of non-white immigrants are "breeding", with all of that word's connotations of animal reproduction, should be taken with a great deal of concern.

    If Trump does not look at a particular group of immigrants as fully human, what kind of immigration policies can we expect from his administration? Without undue cynicism, one could answer that we might expect an anti-immigrant agenda very similar to the one which the Trump administration is now pursuing in order to reduce the number of nonwhite immigrants of every category - including legal as well as unauthorized immigration.

    There is, however, one context in which the term "breeding" had a positive connotation for the Nazis, namely in the "Lebensborn" program which was designed to "breed" "racially superior" children. Ironically, the biggest Nazi Lebensborn birth center was located in German-occupied Norway.

    http://www.spiegel.de/international/...-a-446978.html

    There is no reason, of course, to think that Trump was aware of this when he made his infamous January 11 statement that he wanted America's immigrants to come from "Countries like Norway" instead of from what he called the "shithole countries" of Africa, Central American and the Caribbean.

    It is, however, disappointing to say the least, that Trump's DHS chief, Kirstjen Nielsen, whose name coincidentally suggests Norwegian ancestry, allegedly tried to convince a Senate committee at her conformation hearing that she did not know that Norway was mainly a white country!

    http://www.newsweek.com/kirstjen-nie...y-white-782678

    Nielsen also pointedly refused to speak out against Trump's latest "breeding" slur against immigrants who, we can be quite sure, are not from "Countries like Norway."


    http://us.pressfrom.com/news/politic...reeding-tweet/

    How sensitive to the basic human, constitutional and statutory rights of non-white immigrants, whether they are applying for legal visas or green cards, or whether they are in the US without legal status, can we expect DHS policies to be under Nielsen's stewardship in Donald Trump's America?

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

    Updated 04-22-2018 at 05:33 PM by ImmigrationLawBlogs

  4. Trump's "Extreme Vetting" and Surveillance of Immigrants for Political Views are Bringing America Even Closer to Fascist Dictatorship. Roger Algase

    Again, I will begin this comment with an explanation to a few of my highly respected and well meaning friends who have been asking me why so many of my observations about immigration are focused on Donald Trump. Obviously, Trump does not personally write every USCIS guidance memo, adjudicate every petition or decide every Immigration Court case.

    In my experience at least, many, if not the great majority of immigration officials (in my practice, chiefly USCIS petition adjudicators) are still doing their jobs fairly and objectively (i.e. issuing approval notices!), without any noticeable interference from the top.

    To be sure, America is not yet at the stage of countries such as Russia, North Korea, or Hungary (whose right wing government - much admired by some of Trump's white nationalist supporters - is destroying democracy even as it builds a wall against African and Middle Eastern immigrants and engages in a nationwide propaganda campaign against a well-known Jewish financier, George Soros).

    But, just as no serious observer could get very far in writing about any aspect of government in the above three countries without mentioning Vladimir Putin, Kim Jong Un, or Viktor Orban, it is becoming increasingly difficult to write about any aspect of administration or policy in America today without mentioning America's president.

    This certainly applies to immigration policy as much as, if not even more than any other issue, given the prominence that Trump has given to this area of governance both as a candidate and as the nation's chief executive - and the fact that immigration law is the province of the federal government in any administration.

    Moreover, many of the attempts to limit the rights of immigrants in Donald Trump's America constitute a clear and present danger to the most basic democratic rights of American citizens as well - including the right to free speech.

    In an April 20 piece in The Guardian, Carrie DeCell, a staff attorney at the Knight First Amendment Institute, writes about the highly dangerous and disturbing surveillance that the Trump administration is conducting over the social media, cell phone messages and other communications of visa applicants from around the world, and the denial of visas or entry to people who have or might have views which are opposed to Trump's views on various issues.

    https://www.theguardian.com/commenti...ip-immigration

    The above article lists a number of recent incidents where civil rights (or in one case a trans rights) activists, especially those with Muslim names (though coming from countries not on the Muslim country banned list) were denied visas or turned back upon entry for unexplained reasons.

    Harassment at points of entry to the US has not been limited to foreign citizens. DeCell writes:

    "American activists, too, have confronted increased government scrutiny at the border. Also this month, border agents interrogated the journalist and civil rights advocate Shaun King upon his return from a family trip to Cairo. Along with his exhausted wife and children, King fielded questions about his reasons for traveling to Egypt and his role in the Black Lives Matter movement. King reported that the officer who questioned him had 'clearly been reading my tweets and knew all about me.'"

    The same article also mentions instances of non-citizen activists in the US who have been detained or threatened with deportation for speaking out against Trump's immigration policies. It continues:

    "These recent
    incidents are part of a broader government scheme to wield immigration authority to since activists both within and beyond US borders. CBP and ICE agents conduct suspicionless searches of travelers' electronic devices - including their text messages, emails, social media posts and photographs - when they cross the US border. Under the rubric of 'extreme vetting', the administration now plans to require immigrant and non-immigrant visa applicants to surrender their social media handles, including pseudonyms and aliases, in connection with their applications."

    The article concludes:

    "These extreme vetting measures threaten to chill the expressive and associative activities of any individual who may seek to enter or remain in the United States...

    Just as the travel ban effectively excludes individuals from this country on the basis of their religion, extreme vetting explicitly excludes individuals from this country on the basis of their statements and beliefs."


    In effect, immigration and visa officials are becoming something similar to an American thought police. There is a word for this. It is known as "fascism".

    Roger Algase
    Attorney at Law
    algaselex@gmail.com


    Updated 04-21-2018 at 01:26 AM by ImmigrationLawBlogs

  5. Donald Trump is Poisoning the Well for Legal Immigration, as America Moves Away From "Yes, We Can" toward "No, We Ban". Roger Algase

    Update, April 18 at 12:05 pm:

    On April 23, 2017, almost exactly a year ago, I wrote an Immigration Daily comment predicting the kinds of attempts to dismantle America's legal immigration system which Donald Trump is now engaging in through his speeches, as described below, and administrative action, to be discussed in a forthcoming comment.

    I also predicted that Trump might be disappointed if he expected his appointed Supreme Court Justice Neil Gorsuch to rubber-stamp Trump's immigration policies. This prediction turns out to have been justified by Justice Gorsuch's choosing to vote with the liberal Justices on April 17 in the deportation case of Sessions v. Dimaya.

    For my comment from April of last year, see:

    http://blogs.ilw.com/entry.php?9862

    My comment from earlier today follows below:

    Sometimes I am asked why my comments on this site focus so much on Donald Trump's immigration policies, even though, according to one perspective, Trump is only a part of the overall immigration picture, and allegedly only a small part at that.

    According to this argument, despite Trump's unrelenting anti-immigrant rhetoric and attempts to demonize Hispanic, Muslim, African and Asian immigrants as "criminals", "terrorists", "hut dwellers" and "job stealers" respectively, not to mention the use of harsher language such as "snakes" and, most notoriously of all, citizens of "shithole countries"; and his many calls to change the immigration laws to eliminate visa categories which have been helpful to areas of the world which do not contain "countries like Norway"; there have in fact been no significant changes in the immigration laws in the "Trump Era" so far, and the legal immigration system continues to operate in basically the same way as it did under previous administrations.

    According to this view, much, if admittedly not all, of the legal immigration system is still functioning without any major damage or impairment. EB-5 still lives on; parents of US citizens (including those of First Lady Melania Trump) are still arriving in the US with green cards even though Trump has vigorously called for abolishing this and some other family visa categories; the H-1B lottery is still taking place, even as Trump tries to make these visas more complicated and difficult to obtain than before; and most of the employment-based green card system is still intact.

    Foreign visitors and students are still coming to the US in large numbers from every part of the world, even if those numbers, according to some figures, are reduced from previous years.

    Certainly, on the unauthorized side of the immigration ledger, people who entered the country without permission or overstayed their visas are having a harder time in the "Trump Era", but hey - they aren't supposed to be here anyway! So if a 7 year old child is incarcerated by ICE two thousand miles away from her mother, or non-criminal immigrants are arrested by ICE on their way to court or to the hospital, who do they have to blame but themselves? At least so the argument runs.

    Besides, isn't the all-time US record for deportations still held by a Democratic president, Barack Obama? And wasn't the harsh IIRIRA immigration law of 1996 signed by another Democratic president, Bill Clinton (who also blockaded Haiti to stop refugees from leaving that country - something that arguably goes far beyond Trump's Muslim ban - which itself has been considerably watered down from what was originally intended)?

    Certainly there is an argument to be made that focusing on Trump is one sided and limited - there is much more to immigration in America than only the speeches and actions of this one US president.

    But for the reasons I will explain below, I believe that this is a narrow and shortsighted view, one which overlooks or soft pedals the very real dangers to America's legal immigration system from a president who is openly committed to making drastic changes in, or even destroying, many of its most important and fundamental features.

    First, there is the immense power of the president of the United States to set the national mood toward just about any issue. Under President Obama, even with his record high number of deportations, immigration detention abuses and other many shortcomings in the administration of the immigration system, the general approach to legal immigration was one of welcome - from every part of the world.

    One might even say the this was part of Obama's overall optimistic"Yes, we can!" philosophy.

    In contrast, one could say that Trump's basic attitude toward legal immigration, especially from outside Europe, is rooted in a fundamentally dark view of immigration, if not the world in general (and I am not referring only to the skin color of the people whom Trump wants so much to keep out!) which could be summed up in the words:"No, we ban."

    The power of the president to set the climate in which the details of any given issue or set of policies are determined is immense. This used to be known once upon a time as the "bully pulpit" and it is now known as the tweet.

    It is hard to deny that Donald Trump is radically changing the immigration climate in America (even as he is very arguably putting the entire planet in danger by doing everything possible to advance climate change in the atmosphere and oceans, and turn the EPA into a polluters agency, not an environmental protection one - but this beyond the scope of these comments).

    Every US president and administration for the past half century, ever since the landmark civil rights era reform of 1965 which was intended to end 40 years of open racism and white supremacy in our immigration laws embodied in the "Nordics"-only immigration quotas of the 1924 law, has distinguished between legal immigration, which has been supported as being one of America's most fundamental values, and illegal immigration, which has of course been opposed.

    Donald Trump, however, is very arguably the first US president since Calvin Coolidge openly to condemn legal immigration as well as illegal immigration as a danger to America, and to call for drastic changes in the immigration laws aimed at not only cutting down on overall legal immigration numbers, but making it harder for immigrants from outside Europe to come to or stay in America legally.

    This is most evident in his support for the RAISE Act, which would be a major step back toward the white supremacist 1924 law; and in Trump's own "framework" for, inter alia, eliminating extended family immigration - falsely and maliciously referred to by restrictionists by the term "chain migration"; as well as eliminating the diversity visa lottery - which no politicians in either party had a problem with in its original ("AA-1") whites (almost) only form before 1994, but which Trump now condemns without any evidence as dangerous to national security when most of the beneficiaries come from Africa and other places outside Europe.

    Anyone who thinks that Trump can continue to attack legal as well as unauthorized immigrants, week after week, in speech after speech, rally after rally and tweet after tweet, as "criminals", "rapists", "drug dealers", "'gang members" "terrorists", "cheap labor" and people who do not "love America" or "share our values", while appointing people with ties to restrictionist groups which the Southern Poverty Law Center (SPLC) has labeled as "hate organizations" to key positions in the administration or the immigration bureaucracy - see my forthcoming comments on this point - without this leading to major changes in many different aspects of our legal immigration system is simply putting on the blinders and engaging in self-delusion.

    In my next comment on this topic I will show how Trump is using the vast administrative power over immigration which the federal courts originally bestowed on the executive branch in an earlier, openly white supremacist, era dating back to the notorious Chinese exclusion laws of the late 19th century, to dismantle key parts of, if not totally destroy, America's legal immigration system as we now know it without needing or receiving Congressional approval.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com


    Updated 04-20-2018 at 07:43 AM by ImmigrationLawBlogs

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