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  1. Trump is Using MS-13 as a Strategy for Racially Based Attacks on Legal Immigration, and Delegitimizing His Opponents, not Fighting Crime. Roger Algase

    Two recent analyses of Trump's attempts to exploit the MS-13 gang issue, one in the liberal site Salon.com and the other in the far right, pro-Trump Breitbart News, both show that the ultimate goal of attacking MS-13 is not to reduce crime, but to promote the Trump/Stephen Miller agenda of ending the legal immigration system as we know it in order to make vast reductions in immigration from outside Europe.

    At the outset, whether building a wall and cutting off immigration from Central America is really an effective way to combat MS-13 is open to serious question. An article in Time Magazine by Sarah Garland, an independent researcher, states that most MS-13 gang members join only after arriving in the US, out of reaction against a feeling of isolation brought on, in large part, by poor school conditions, and that some gang members are not immigrants at all, but US citizens. She writes:

    "What the police told me they needed most to help them fight the gangs was help for the schools. What they kept getting were immigration crackdowns."

    http://time.com/5127932/donald-trump...g-immigration/

    Moreover, at Trump's May 24 Fox News interview, he quickly moved on from the subject of MS-13 to his real target - legal immigration. First he said:

    "We have the worst immigration laws in the entire world by far."

    Really? Worse than Myanmar, which is conducting genocide against its Rohingya population? Worse than North Korea? Worse than Robert Mugabe's Zimbabwe, which has expelling its Asian and white citizens?

    Then Trump continued with a call to eliminate two visa programs which have nothing whatsoever to do with MS-13 or with crime at all, but have been responsible for enabling tens of millions of legal, law-abiding, productive, tax-paying immigrants from all over the world, including Europe but in large part from Asia, Africa and Latin America, to come to the United States in the past several decades - extended family immigration - which he calls by the degrading and insulting term "chain migration, and the Diversity Visa lottery. Salon.com quotes Trump as follows:

    "A lottery is ridiculous as you know...I mean, they take people from a lottery - where you can imagine these countries our putting their finest in the lottery - so I don't like the lottery. Chain migration is a disaster. You look at what;s going on where, somebody comes in whose bad, and yet they'll have 24 members of a family who - not one of them do you want in this country. So chain migration is terrible."

    See: Salon.com, May 24,

    Stephen Miller is pushing Republicans to run against MS-13 in the midterms.


    (Sorry - I do not have a direct link - please use Google.)

    The only appropriate way to describe this comment, which Trump was not making for the first time, is that it is nothing but pure demagogic fiction. Foreign governments have nothing to do whatever with deciding who applies for a diversity lottery visa. Applicants selected in the diversity lottery are subject to the same criminal and security background checks as all other immigrants to the United States.

    And Trump's fantasy that a radicalized Muslim immigrant who killed eight people on a New York City attack last October had sponsored 24 relatives for green cards was so absurd that even Mark Krikorian, head of the restrictionist Center for Immigration Studies, which has a long history of trying to reduce all forms of immigration and generally supports Trump on this issue, said that his claim was impossible.

    https://www.buzzfeed.com/adolfoflore...V8#.haYdb1jDV7

    But this was not all. Trump then went on to blame the Democrats for immigration laws which, in Trump's view but without any foundation aided MS-13:

    "We have the worst immigration laws in the world by far. Other countries laugh at us. And it's because of the Democrats. It's because of Chuck Shumer and Nancy Pelosi."

    And then, Trump's punch line:

    "The Democrats are sticking up for MS-13. You heard Nancy Pelosi the other day, like, trying to find all sorts of reasons why they should be able to stay."

    This last absolutely baseless accusation, as neither Pelosi nor any other Democrat has ever said that MS-13 immigrants should be allowed to stay in the US, or anything anywhere close to that, is the typical language of dictators the world over.

    If the party that happens to be in opposition to the leader supports criminals and terrorists, as Trump has accused the Democrats of doing (or supports "communists and Jews", as in Adolf Hitler's accusations; or "capitalists and fascists", as in Josef Stalin's speeches), then it means that democracy itself is to blame and that we should do away with it and set up a dictatorship with the Strongman or Leader in charge of everything.

    Certainly, in Trump's world, if the Democrats are in favor of violent crime, they do not deserve to govern; and maybe anyone, including a US citizen who supports them or protests against Trump in any way belongs in jail (such as the mayor of Oakland, California, for example), or should be deported, as in the case of NFL players who kneel during the national anthem to protest against Trump's racial attitudes and policies.

    https://www.vanityfair.com/news/2018...ld-be-deported

    But evidence that Trump is using MS-13 to promote an agenda against legal immigration and to discredit his opposition, rather than to fight crime, comes not only from his detractors, but also from some of his strongest supporters, including Breitbart News. See, May 24:

    http://www.breitbart.com/big-governm...-open-borders/

    This article, after quoting an attack by Stephen Miller against Nancy Pelosi for allegedly defending MS-13, immediately switches to reporting on the Trump/Miller campaign against legal immigration, meaning both "chain migration" [including parents of US citizens -something that Trump didn't object to when his own wife's European parents recently arrived in the US with family-based visas, but seems to have a big problem with then when people from other parts of the world immigrate with the same kind of visa].

    Breitbart also quotes Miller as saying that merely enforcing existing immigration laws is no longer enough - they need to be changed to eliminate "special interest loopholes" (such as those which allow millions of Africxan, Asian and Latin American relatives of US citizens to join their families here).

    The Breitbart article then launches into an assault on the H-1B visa, which as everyone knows, has been especially popular with IT and other highly skilled professional immigrants from India, China and other Asian countries, claiming that it takes thousands of "coveted, high-paying, U.S. white-collar jobs every year away from US workers."

    The Breitbart article doesn't explain how this fits in with Trump's claim that the reason that he wants to eliminate extended family immigration and the Diversity Visa lottery is to promote "merit-based immigration."

    Keeping well-educated, highly skilled immigrants, such as H-1B specialty workers, out of the United States doesn't exactly sound like encouraging "merit-based" immigration. But it certainly would help to accomplish Trump's and Miller's goal of making America whiter.

    The danger to the non-discriminatory, race and religion neutral, legal immigration immigration system that America has had for the past half century - one which, at least in principle, gives fair and equal opportunity to immigrants from every part of of the world to qualify, regardless of ancestry, creed or skin color, goes not end there. Breitbart News informs us:


    "Miller tells Breitbart News that 'there is more to come' on the reform package currently being worked on by the Trump administration. The plan is being devised by Lee Francis Cissna, the director of the United States Citizenship and Immigration Services (USCIS) Agency."

    When Stephen Miller says that there is "more to come" in dismantling America's legal immigration system, it is quite appropriate to believe him. But it is not only the survival of this country's immigration system which severely threatened in Donald Trump's America - our democracy itself is at risk.

    Here are some more nuggets of wisdom from Miller, Trump's top immigration Consigliere, as reported by Breitbart:

    "It is impossible to overstate the extent to which the President of the United States is the leader that fate has correctly put at this moment in time to advocate for the American people and the American nation."

    One cannot help being reminded of another Leader who began his road to power almost a century ago, and who was convinced that fate had chosen him to lead his nation and place it above all others in the world - Deutschland ueber alles. to use his own slogan - (while exterminating the Jews).

    And as someone who, like Stephen Miller, is also descended from Jewish immigrants who, in the late 19th and early 20th centuries. found a better life and refuge in America from intolerable persecution in Czarist Russia despite the fervent wish of the nativist immigrant-haters of that day to keep them out,

    http://jewishjournal.com/opinion/rob...t-grandfather/

    I will refrain from describing my personal reaction to the dismal example of someone who shares my own immigrant background, and who is siding with those who want to slam America's doors against people who seek to come to America today for the same reasons, and with the same hopes and dreams, as my Jewish immigrant grandparents and Miller's Jewish immigrant great-grandfather did, merely because they may have different ancestry, religion or skin color from the majority of Americans today; just as Jewish immigrants were once considered to be different from the great American majority when Miller's great-grandfather arrived here.
    ___________________________
    Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. He has been helping mainly skilled and professional immigrants from diverse parts of the world receive work visas and green cards for more than 30 years.

    Roger believes that an immigration system that is open to all people equally and fairly, without regard to race, color, religion or national origin, is essential to maintaining our democracy. His email address is algaselex@gmail.com






    Updated 05-26-2018 at 07:23 AM by ImmigrationLawBlogs

  2. Trump Rejects Compromise on Cutting Non-White Legal Immigration and Building Wall; Suggests Deporting Americans Who Oppose His Agenda. Roger Algase

    In a May 24 Fox News interview, Trump dashed any hope of a reasonable compromise on immigration that would try to accommodate the needs of both parties (as well as resolving the dispute between moderate and "conservative" Republicans), and said that he would reject any package that did not include funding for his border wall, elimination of the diversity visa lottery (which has been especially valuable for immigrants from Africa, Asia and Latin America) and sharp cuts in family immigration - a move also designed to reduce immigration from outside Europe.

    https://www.aol.com/article/news/201...kage/23442583/

    As if this were not already authoritarian enough in pursuit of an immigration agenda whose only purpose is to make America whiter, Trump, in a May 24 Fox News interview also suggested that US citizen NFL players who refuse to stand for the national anthem as a protest against his racial policies do not belong in America.

    https://thinkprogress.org/trump-nfl-...-4ea015415664/

    There could not be a clearer example of how Trump's racially motivated immigration policies cannot be looked at just in isolation, but are instead a key part of a broader movement toward authoritarian rule in America under his administration.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

    Updated 05-24-2018 at 01:41 PM by ImmigrationLawBlogs

  3. A solution to the stalemate on a permanent fix for DACA participants. (Article was posted previously.)

    Trump, Dems can solve the DACA problem by redefining it
    By Nolan Rappaport



    © Greg Nash

    President Donald Trump and Republican congressmen have been trying unsuccessfully to cut a deal with the Democrats that would provide lawful status for the undocumented aliens in the Deferred Action for Childhood Arrivals (DACA) program.

    The negotiations have seemed promising sometimes, such as when Trump offered a legalization program for 1.8 million undocumented aliens with his Framework on Immigration Reform & Border Security, but the Democrats would not agree to the concessions he was demanding in this four-pillar proposal.

    hope the Democrats are not holding out for a DREAM Act like the American Hope Act of 2017, which would have legalized millions of undocumented aliens who came to America as children. I call it “The False Hope Act” in a previous article I wrote about it.


    DREAM Acts have been pending since 2001. The Democrats could have passed one during Barack Obama’s administration. From January 2009 to January 2011, they had a strong majority in the House, and until Scott Brown’s special election in 2010, a filibuster-busting majority in the Senate. But they chose not to do it.

    It might be more productive at this point to put negotiations about DACA and DREAM Acts aside and try a different approach. My suggestion is to work on creating a place in the Special Immigrant Juvenile (SIJ) program for the DACA participants.
    This little-known humanitarian program makes lawful permanent resident (LPR) status available to undocumented alien children in the United States who have been abused, abandoned, or neglected by one or both parents and who should not be returned to their own countries.

    The SIJ Program

    Read more at http://thehill.com/opinion/immigrati...-redefining-it

    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.





  4. Trump Again Demonizes Children and Other Latino Immigrants as "MS-13 Members"; Attacks "Worst Immigration Laws" for Helping "Animals". Roger Algase

    Update, May 23, 9:57 pm:

    This is an extract from Trump's demagogic May 23 MS-13 "Roundtable", according to the White House official transcript. After emotional speeches by the parents of two MS-13 gang victims, Trump stated:

    "Their beautiful daughters, Kayla and Nisa, were murdered by MS-13 gang members, many of whom exploited glaring loopholes - and we have the biggest loopholes of any country anywhere in the world. We have the worst immigration laws of any country anywhere in the world. But they exploited the loopholes in our laws to enter the country as unaccompanied alien minors. They look so innocent; they're not so innocent."


    https://www.whitehouse.gov/briefings...n-bethpage-ny/

    This is not only a vicious attack on Central American unaccompanied children who are fleeing from gang violence in their countries, not participating in it, but it also implies that America's entire immigration system is rotten - the worst in the world.

    This goes far beyond the issue of gang violence, and strikes at the foundation of the entire non-discriminatory immigration system which America has had for the past 50 years - a system which Trump has consistently attacked because it enables immigration not only from Europe, as was the case before 1965, but from what Trump calls "shithole countries" because their citizens have darker skins, not white ones as in Trump's preferred "Countries Like Norway".

    This latest Roundtable was only about dealing with criminal gangs on the surface. Its real purpose was to stir up more hatred against non-white immigrants in general - and to take America back to the spirit of the bigoted "Nordics-only" 1924 "national origins" immigration act which Adolf Hitler (who also considered Jews and other Untermenschen to be less than human - i.e. like "animals") had such high praise for because of its racist foundations.

    My earlier comment follows:

    In his latest demagogic attempt to stigmatize and demonize all Latin American immigrants as criminals and gang members, Donald Trump is hosting a "Roundtable" in Bethpage, Long Island, New York with a group of evidently fawning, sycophantic, ICE, DOJ and local police officers focusing on MS-13. However, based on a few minutes watching the live video, which is ongoing as this is being written, it is clear that Trump is also trying to conflate MS-13 with the entirely separate issue of unaccompanied children showing up that the US border to try to escape from gang violence in Central America as if they were also criminals.

    I will update this comment as the "Roundtable" progresses. It can be watched on you tube by going to the Washington Post home page and following the link.

    Update, May 23 at 3:20 pm:

    After I watched one or two sycophantic speeches from local police officers praising Trump for his "great leadership" regarding MS-13, the mother of one of this gang's victims took the microphone and launched into an emotional speech which could only have the effect of arousing more hatred against all Latino immigrants, not only gang members.

    This of course, doesn't imply any lack of sympathy for her terrible loss, but one also has to wonder when Trump might be planning to hold a similar youtube Roundtable with the parents of the schoolchildren in Texas, Florida and other states who were murdered by gun violence.

    We should not hold our breath waiting for that Roundtable, since it would not provide the president with any chance to demonize and spread hatred against Latino and other non-white immigrants.

    When the victim's mother started to praise Trump for calling the gang members "animals" I had to stop watching. That is is enough dehumanization for one afternoon.

    Again, this is not to express any sympathy for the brutal, horrible MS-13 gang members. But the entire nation knows that, just as Trump used ISIS as an excuse to attack all Muslims, his focus on MS-13 is meant as an attack on all Latino, and by extension other non-white immigrants - who most studies show as having a lower crime rate than native born Americans.

    Don't expect Trump to mention this at any of his immigration Roundtables.
    ______________________________
    Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. He has been helping mainly mainly skilled and professional immigrants from diverse parts of the world receive work visas and green cards for more than 30 years.

    Roger believes that an immigration system that is open to all people equally and fairly, without regard to race, color, religion or national origin, is essential to maintaining our democracy. His email address is algaselex@gmail.com




    Updated 05-26-2018 at 06:44 AM by ImmigrationLawBlogs

  5. Enforcing Trump's immigration plan will be harder than he thinks. By Nolan Rappaport


    © Getty

    Trump inherited a number of immigration enforcement problems from the Obama administration, the most serious of which was an immigration court backlog that has prevented him from using removal proceedings to reduce the size of the undocumented alien population.

    His solution seems to be to heed the advice of Mitt Romney, who said, when asked about reducing the population of undocumented aliens during a debate in 2012:

    The answer is self-deportation, which is people decide they can do better by going home because they can't find work here because they don't have legal documentation to allow them to work here.”

    But Trump is using harboring prosecutions to discourage people from helping undocumented aliens to remain here illegally in addition to enforcing employer sanctions to discourage employers from giving them jobs.

    Neither is likely to be successful.

    Read more at http://thehill.com/opinion/immigrati...than-he-thinks

    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.






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