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  1. Trump's Diversity Visa Demagoguery is One More Step on the Road to Guantanamo. Was NYC Attack America's Reichstag Fire? Roger Algase

    Update: November 2, 2:36 pm:

    For more on how Trump is using demagogic assaults on immigrants in order to undermine democracy and the rule of law in America in the wake of the October 31 New York City terror attack, see Washington Post, November 1:

    Trump seizes on N.Y. attack to push immigration and vetting policies

    (Sorry, I do not have a link - please go to Google)

    Trump's attorney general, Jeff Sessions, is also supporting Trump's threats to substitute Guantanamo for the rule of law in America, and his cynical attacks on the Diversity Visa, even though, up until October 31, (to the best of my knowledge) there had not been a single incident or charge involving terrorism against the more than a million immigrants from all parts the world who have come to the US with this visa since it was initiated in FY 1995 (see below).

    http://www.politico.com/story/2017/1...-reacts-244457

    The following comment has been revised as of November 2 at 9:43 am:

    Few people were surprised when Donald Trump tried to use the horrific terror attack in Lower Manhattan by an openly ISIS inspired young US permanent resident man who reportedly came to the US through the diversity visa green card program as an excuse to call for that visa to be abolished.

    To mention the history of that visa briefly, it was originally known as the AA-1 program in from 1992 to 1994, with the avowed purpose of boosting white European immigration - which had supposedly been "Adversely Affected", (hence "AA") by the 1965 immigration reform act - which abolished the openly whites only "national origins" quotas of the 1924 immigration act.

    I had some familiarity with the AA-1 green card lottery myself, because in what, as I recall, was the last year of that program, I filed a number of applications under that program, which was almost entirely limited to designated white European countries, with special preferences for Ireland and Poland within that system.

    (Most of my own AA-1 clients were from two Asian countries, Japan and Indonesia, which were, if my memory is correct, the only non-white countries in that entire program - maybe Indonesia was picked because Congress might have thought it was still a Dutch colony - who knows)!

    But the point is that the AA-1 green card program was openly intended to boost immigration from white countries. Even though that visa was no more "merit-based" than the world wide, race-neutral Diversity Visa (DV program) which succeeded it beginning in Fiscal Year 1995. i do not remember hearing any complaints that AA-1 visa, which was almost only for white countries with few exceptions, was bad for America because almost anyone could apply, regardless of level of skills or education.

    These complaints began to be heard only after the DV-1 visa, which was open to countries in every part of the world, succeeded it. To claim that the green card lottery visas have never had anything to do with race or skin color, both pro and con, and that the same considerations have nothing to do with the push by Trump and his white nationalist base to abolish this visa, under which over a million almost entirely peaceful law abiding immigrants have come to America without a single terrorist incident until this one, is a simple and outright hoax - a cynical fraud.

    For a full history of the AA-1 and DV green card lottery programs, see.

    Andowah A. Newton:

    Injecting Diversity into U.S. Immigration Policy: The Diversity Visa Program and the Missing Discourse on its Impact on African Immigration to the United States

    38 Cornell International Law Journal 1049 (Issue 3, Article 18) June 3, 2005

    http://scholarship.law.cornell.edu/cilj

    But the biggest danger in Trump's demagoguing the NYC terror attack as an excuse to abolish a visa program which has become a symbol for immigration from Asia and Africa, as opposed to Europe, which had never before been connected with terror in any way, and which has long been under attack from white supremacists, is that the racism at the heart of Trump's immigration policies could lead directly to full fascism in America.

    Trump's attempt to use the NYC attack to justify his return to the racial skin color-based immigration policies which governed America for most of our immigration history at least up until 1965 is also another step on his road to overthrowing America's democratic institutions and seizure of absolute power.

    This is evident from Trump's statement, reported on November 1, that he might send the NYC terror suspect to Guantanamo, because Trump thinks that America's regular justice system is "too slow" and "not strong enough".

    https://www.politico.com/story/2017/...44409?lo=ap_b1

    This is pure fascism - when a leader decides that his own will takes precedence over the normal institutions of government - in this case our criminal justice system. This does not mean that the New York terror suspect, Sayfullo Saipov, is a sympathetic case - he is clearly the worst of the worst.

    But if Trump can send Saipov to Guantanamo, then he has the power to send anyone there, whether an NBC or CNN journalist who writes or airs a story that Trump doesn't like, or someone who voted for a local Sanctuary City law - or, possibly, merely supported keeping the DV-1 green card lottery rather than abolishing it and replacing it with Trump's favorite, the Eurocentric RAISE Act.

    Almost exactly one year after his election, the authoritarian instincts which have worried so many Americans about Trump during his campaign and the first 9 months of his presidency, may now be completely unleashed and our democracy extinguished.

    If America goes full fascist under Trump, it will be the end of the road which began with his campaign attacks on Mexican and Muslim immigrants, continued with his Muslim ban and mass deportation orders on becoming the president, and is now being paved with his demagogic attempts to abolish the Diversity Visa and enact the RAISE Act which is heavily skewed toward immigration from white, European countries on a larger scale than the AA-1 visa lottery ever was.

    Could the October 31 attack in New York by an ISIS inspired terrorist with a green card be Donald Trump's Reichstag Fire?
    _____________________________________
    Roger Algase is a New York attorney and a graduate of Harvard College and Harvard Law School. For more than 35 years, Roger has been helping mainly skilled and professional immigrants from diverse parts of the world obtain work visas and green cards.

    Roger believes that America's freedom is based on its diversity, and if the latter disappears, the former will follow soon after. His email address is algaselex@gmail.com

    Updated 11-02-2017 at 10:08 PM by ImmigrationLawBlogs

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