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  1. Should Donald Trump be Impeached Over his Racial Attacks and Abuses of Power Regarding Immigration? Roger Algase

    Update, July 31 at 8:10 pm:

    If and when our politicians finally find the courage to initiate impeachment proceedings against Donald Trump, which could be becoming more and more likely as his abuses against immigrants - and our democracy - continue to pile up almost with each passing day or week, one of the impeachment articles might very well include his horrific abuses against detained immigrant children, at least as alleged in the latest Huffington Post report.

    These allegations include forced drugging of children, something reminiscent of Stalinist Russia; and, according to a court affidavit from a detained 16-year-old girl who alleges that border patrol guards kicked her throughout the night, forcing girls to strip naked in front of the guards.

    Is this the United States of America, or is this a Nazi concentration camp? For the Huffpost report, see:

    My original comment follows:

    With each new attack on non-white immigrants and allegation of abuse of power on the part of Donald Trump, the "I". Impeachment, word keeps surfacing more and more in public discussion - with regard to immigration policy specifically, not only other issues which are beyond the scope of discussion topics and which I will not go into here. See:

    The topic of impeachment over immigration has, very understandably, taken on new significance and urgency as a result of the horrendous damage and suffering caused to up to 3,000 young children and their families by Trump's inhuman "zero tolerance" family separation, which Trump finally reversed in the face of opposition and outrage from many of his own supporters, including his own wife, First Lady Melania Trump, but has not yet given up on trying to defend.

    This barbaric policy, which is only one aspect of a widespread attack on all immigrants, legal as well as unauthorized, by the Trump administration, has drawn international condemnation as an alleged crime against humanity and violation of both US and international laws against torture. For more on this topic, see:

    I am not here expressing an opinion on whether Trump should or should not be impeached over his war on brown immigrants. But this subject is worth serious study, as it becomes clearer and clearer with each of Trump's latest racial attacks on immigrants that impeachment may be the only way of preserving the non- racially discriminatory immigration system that America has had for the past half century, and preventing a return to the bigoted framework and ideology of the "Nordics" - only 1924 "national origins" immigration act which Trump's AG Jeff Sessions praised so highly as a Senator only three years ago, and which top immigration advisers such as Stephen Miller are also taking our system back in the direction of.

    Indeed, impeachment may, very arguably, be the only way of saving America's democracy itself from the various immigration and non-immigration related assaults by Trump and his administration, which Professor John Shattuck of the Harvard Kennedy School, who has a long record of supporting human rights as a private lawyer, professor and government official, describes in his powerful February 23 article:

    How Democracy in America can Survive Donald Trump

    I recommend this article as essential summer reading to anyone who cares about preserving our democracy in the "Donald Trump Era".

    Beginning August 6, I will be taking the rest of August off from commenting on about Trump's immigration agenda in order to do further research the impeachment issue, on which not only the future of our immigration system as we know it, but of our freedom and democracy themselves could very well depend.

    I wish all readers a good month of August. See you in September!

    Roger Algase
    Attorney at Law

    Updated 08-05-2018 at 05:10 PM by ImmigrationLawBlogs

  2. Findings of Credible Fear Plummet Amid Widely Disparate Outcomes by Location and Judge


    Updated 08-01-2018 at 01:47 PM by ImmigrationLawBlogs

  3. Trump Threatens Democracy: Shutdown if Laws Helping Non-White Legal Immigrants Are Not Repealed; Attacks on Separated Children, Media. Roger Algase

    In a series of tweets on July 29, Donald Trump once again showed the mind and the tactics of a dictator rather than the leader of a free country by:

    First, renewing his vicious attacks on innocent immigrant children whose only "crime" was being from Central America rather than "Countries like Norway" (to quote his infamous January 11 racial slur against non-white immigrants) and whom his administration brutally tore away from their parents and subjected to horrendous abuse, as is now becoming more and more evident in hundreds of federal court affidavits.

    In a tweet that showed no remorse whatsoever for the terrible suffering that Trump inflicted on between 2,000 and 3,000 innocent children, many of whom will most likely be scarred for life by the experience, and some of whom many never be reunited with their parents, Trump wrote:

    "Please understand, there are consequences when people cross our Border illegally, whether they have children or not - and many are just using children for their own sinister purposes. Congress must act on fixing the DUMBEST & WORST immigration laws anywhere in the world. Vote 'R'"

    What were the "sinister purposes" that these Central American immigrants were supposedly"using their children for"?

    The answer is that they were seeking asylum in the US, according to our laws, from the same kind of horrendous gang violence that Trump loudly condemns when the victims are white Americans instead of brown foreign citizens.

    That is what he obviously means when he says that America has the dumbest and worst immigration laws anywhere in the world.

    Is this the language of a leader who respects the rule of law and the most fundamental humanitarian principles of a democratic society? This is the language of that tyrants use.

    It is the language of state terror, of rulers who tear thousands of children away from their parents and lock them in cages because their skin is not white enough. See McGill University Professor Jacob Levy, writing for the Niskanen Center:

    Second, Trump showed that when he calls America's immigration laws the "dumbest and worst" in the world, he is not only referring to what he calls "catch and release" policies for asylum seekers, and the legal provisions protecting immigrant children from prolonged detention and requiring that they be treated humanely, but to the entire system of non- racially discriminatory legal immigration which has allowed tens of millions of people to come to the United States with valid visas and green cards from countries which Trump despises as "shithole countries" because they are located in Asia, Africa, the Middle East, Latin America and the Caribbean instead of white Europe.

    In a second July 29 tweet, Trump once again attempted to bully and browbeat Congress into cutting back family green cards and eliminating the Diversity visa entirely, both of which have been especially helpful to immigrants from outside Europe, in favor of "merit-based" (a euphemism of whites only) immigration; and approving funding for his totalitarian border Wall against brown immigrants (with its ominous echoes of the Communist Berlin Wall and even more horrible Warsaw Ghetto Wall, as well as the Wall which Hungary's autocrat Victor Orban has just constructed against Middle Eastern and African immigrants while plastering his country with antisemitic posters) by threatening (again) to shut down the federal government if Trump doesn't get his way:

    "I would be willing to 'shut down' government if the Democrats do not give us the votes for Border Security which includes the Wall! Must get rid of Lottery, Catch & Release etc. and finally go to system of immigration based on MERIT! We need great people coming into our Country!"

    If there were any doubt down as to what shade of skin color Trump has in mind when he talks about only letting "great people" into America, one only has to look at his recent racist tweets accusing non-European immigrants of making that continent "lose" its "culture", or his openly white supremacist "Blood and Soil" type speech (Nazi Blut und Boden) in Warsaw, Poland a year ago.

    And, third, in another clear, and ominous, example how using tyrannical methods to make America's immigration system white once again, as it was before the 1965 reform which many in Trump's party have never accepted and have been trying to undermine and reverse almost from the time it was enacted, are threatening the basic freedoms of the American people, not just immigrants; Trump also launched another attack on America's free press, in this case specifically the New York Times.

    The Hill reports no less than four such tweets in one day, July 29, alone:

    Here is one of them:

    "When the media - driven insane by their Trump Derangement Syndrome - reveals internal deliberations of our government, it truly puts the lives of many, not just journalists, at risk. Very unpatriotic! Freedom of the press also comes with a responsibility to report the news..."

    In other words, anyone who criticizes the Leader, Donald Trump, is unpatriotic, a traitor, an enemy of the people. This is what journalism was like under Hitler, under Stalin and under Mao. It is what journalism is like today under Trump's alleged election supporter and helper Vladimir Putin, the independent counsel's investigation into whose activities on behalf of Trump are under such ferocious attack from Trump and his supporters.

    If future historians one day write the sorry history of how America lost its freedom and was turned into a totalitarian dictatorship, that story will most surely begin with Donald Trump's attacks on and savage repression against non-white immigrants, including not only those who may enter or stay in the US without proper authorization, but also those who seek to come to this country or have arrived here through legal channels, as provided by our statutes and regulations.

    Roger Algase
    Attorney at Law

    Updated 07-30-2018 at 09:07 AM by ImmigrationLawBlogs

  4. Aliens need legalization, not protection from being called ‘illegal.’ By Nolan Rappaport

    Recently, CNN obtained a copy of a Justice Department email to the U.S. Attorneys offices that updates instructions on describing alien status in press releases.

    It requires them to use the term, “illegal alien,” when the unlawful presence of an alien is an established fact. If the lawfulness of an alien’s status is uncertain, they are required to use a reference to his country of citizenship. For instance, if he is from Canada, they are supposed to refer to him as “a Canadian citizen.” The term “undocumented” should never be used to describe illegal presence in the United States. It has no basis in the U.S. Code.

    Aliens here unlawfully should be far more concerned about being deported than they are about the names people call them, but advocacy groups have claimed that calling them “illegal aliens” causes serious harm.

    According to Race Forward’scampaign to Drop the I-Word, it is dehumanizing, racist, and legally inaccurate to call someone an “illegal alien.”

    House Minority Leader Rep. Nancy Pelosi (D-Calif.) recently blasted GOP legislators for using the term. She claims that it is not constructive.

    La Clínica del Pueblo has launched a “No Human Being is Illegal” campaign. They were inspired by Elie Wiesel who said, “You who are so-called illegal aliens must know that no human being is illegal. … Human beings can be beautiful or more beautiful, they can be fat or skinny, they can be right or wrong, but illegal?”

    Are these pejorative connotations coming from the people who use the term, or do they only exist in the minds of the people who dislike “illegal alien?” And when did it start being wrong to use that expression. Democrats used to refer to aliens here unlawfully as “illegal aliens” or “illegal immigrants.”

    In any case, this debate fosters bad feelings on both sides and diverts attention from the threat of deportation, which is a much more serious matter.


    Published originally on The Hill.

    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 07-29-2018 at 01:08 PM by ImmigrationLawBlogs

  5. TRAC Report: "Zero Tolerance" at the Border: Rhetoric vs. Reality.

    Note. The immigration court backlog crisis that Trump inherited from Obama is preventing him from implementing his enforcement policies. It would be a disaster for him with his base if the Dems weren't making everyone think that he is deporting a lot of people. He is particularly grateful in that regard to Roger. Roger has talked up Trump's enforcement program to the point where citizens are worrying about being arrested and thrown out of the country.

    He wants Roger to stop by for a drink the next time he is in DC.

    The latest available case-by-case records for May 2018 reveal a total of 9,216 new federal prosecutions were brought as a result of referrals from Customs and Border Protection (CBP) in the five federal judicial districts along the southwest border. May numbers were up 11.1 percent from the 8,298 such prosecutions recorded during April, and up 44.7 percent over March figures. This increase follows Attorney General Jeff Sessions' April 6, 2018 announcement, of a "zero-tolerance policy" for those who "illegally cross over our border."

    While the policy has resulted in an increase in criminal prosecutions, the so-called "zero-tolerance" as implemented continued to fall far short of the reality on the ground. During May southwest border apprehensions continued to dwarf the number of criminal prosecutions. In May 2018, CBP reported that the Border Patrol apprehended 40,338 individuals along the southwest border trying to illegally enter the country. And this does not count individuals at ports-of-entry who were found seeking to unlawfully enter using fraudulent documents, or individuals caught at ports-of-entry illegally smuggling individuals, drugs, or cargo.

    Figure 1: Criminal Immigration Prosecutions
    over the last 20 years

    In May 2018, a generous estimate indicates criminal prosecutions were still at most only 32 percent of total Border Patrol apprehensions. See Figure 1. This estimate eliminates apprehensions of children who presumably weren't subject to the zero-tolerance prosecution policy, and also excludes arrests at ports of entry. Including either or both of these groups would result in criminal prosecutions numbers representing an even smaller proportion of total CBP apprehensions.

    These prosecution counts are based upon government case-by-case records on each prosecution referred by CBP to U.S. Attorney offices[1]. Obtained as the result of successful litigation brought by the co-directors of the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, these detailed records were analyzed by TRAC to gauge progress on the implementation of the Administration's zero-tolerance policy. Estimated Border Patrol apprehensions that exclude children (those under 18 who were apprehended as part of a family unit or unaccompanied) use Border Patrol records also obtained by TRAC with the age of each person who was taken into custody[2]. For additional results, see last month's TRAC report on southwest border prosecutions.

    Zero-Tolerance and Family Separations

    Family separations, the Administration stated, was the inevitable consequence of prosecuting everyone caught illegally entering this country. As the press widely reported, "[t]he Justice Department can't prosecute children along with their parents, so the natural result of the zero-tolerance policy has been a sharp rise in family separations. Nearly 2,000 immigrant children were separated from parents during six weeks in April and May, according to the Department of Homeland Security."[3]

    However, since less than a third of adults apprehended illegally crossing the border were actually referred for prosecution, the stated justification does not explain why this Administration chose to prosecute parents with children over prosecuting adults without children who were also apprehended in even larger numbers. As shown in Table 1, the total number of adults apprehended without children during May 2018 was 24,465. This is much larger than the 9,216 adults that the administration chose to prosecute that month.

    Table 1. Border Patrol Apprehensions of Adults vs. Criminal Prosecutions

    Southwest Border Apr 2018 May 2018
    Criminal Prosecutions:

    Referred by CBP 8,298 9,216
    Border Patrol Apprehensions:

    Adults without Children 24,299 24,465
    Adults with Children 4,536 4,458

    Thus, the so-called zero-tolerance policy didn't as a practical matter eliminate prosecutorial discretion. Since less than one out of three adults were actually prosecuted, CBP personnel had to choose which individuals among those apprehended to refer to federal prosecutors[4]. The Administration has not explained its rationale for prosecuting parents with children when that left so many other adults without children who were not being referred for prosecution.

    Nor does the zero-tolerance policy explain why so many adults also had their children taken from them who were not prosecuted. For more background, see TRAC's report on the latest case-by-case Border Patrol data.

    Where Along the Southwest Border Were Prosecutions in May Concentrated?

    While CBP criminal prosecutions increased in all five federal judicial districts long the southwest border in April, trends diverged during May. The most prosecutions during May (3,996) occurred in the Southern District of Texas - with double the number (1,959) that had occurred during April. The Southern District of California also recorded an increase. That district had the lowest number in April among the five border districts, but climbed past New Mexico's prosecution numbers in May.

    In contrast, the number of recorded prosecutions actually fell in the Western District of Texas in May. During April, that district had recorded the largest number among the five districts with 2,767 prosecutions. Prosecutions during May in West Texas fell to 2,308. As shown in Table 2, May totals were also somewhat lower in Arizona and New Mexico than April prosecution numbers.

    Federal prosecutors also reported prosecutions within districts by the specific border community where they were stationed. Trends in each of these specific border areas within the five districts along the southwest border are shown in Table 3.

    In May, among these border areas, prosecutions from CBP referrals were highest in McAllen, Texas in the Southern District of Texas. A total of 2,079 prosecutions were recorded there in May alone - up from 841 in April. Prosecutions also rose in Brownsville, Corpus Christi, and Del Rio, Texas, as well as in Yuma, Arizona.

    Other communities experienced declines. While Tucson, Arizona, had the largest number of recorded prosecutions during April (1,392), its numbers in May fell to 1,149. Despite this decline, in May Tucson, still had the third largest total for criminal prosecutions, just below prosecution numbers in Del Rio, Texas. Las Cruces, New Mexico, Laredo and Pecos/Alpine, Texas also saw declines.

    See the rest of the report at

    Posted by Nolan Rappaport

    Updated 07-27-2018 at 05:48 PM by ImmigrationLawBlogs

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