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  1. Trump tweet claims that the Democrats don't really want to help the DREAMERs.

    In a tweet he issued on Saturday, President Trump said:

    Donald J. Trump

    Republicans want to fix DACA far more than the Democrats do. The Dems had all three branches of government back in 2008-2011, and they decided not to do anything about DACA. They only want to use it as a campaign issue. Vote Republican!

    The details are off, but the basic message is true. As I said in my article, "If Dreamers get a deal, it will be because of Trump, not Schumer,"

    Trump may be right that the Democrats don’t want to make a deal.

    They could have passed a DREAM Act during Barack Obama’s administration. From January 2009 to January 2011, they had a large majority in the House, and until Scott Brown’s special election in 2010, they had a supermajority in the Senate. They passed the Patient Protection and Affordable Care Act (ObamaCare) without a single Republican vote in the House or the Senate. [Note. A supermajority means they had enough votes to end a Republican filibuster.]

    I hope Trump and I are wrong. If we are right, the Democrats will just make a show of trying to make a deal to help the DACA participants but refuse to accept any Republican offer, so they claim when the next elections come up that they did their best but the Republicans refused to be reasonable.

    Nolan Rappaport

    Updated 02-11-2018 at 11:59 PM by ImmigrationLawBlogs

  2. Female genital mutilation is a crime in the US — so why is it rarely prosecuted? By Nolan Rappaport

    © Getty

    According to the World Health Organization (WHO), more than 200 million females alive today have been subjected to female genital mutilation (FGM). Aliens from the 30 countries where this practice is concentrated are immigrating to the United States, and a serious effort is not being made to prevent them from practicing FGM here.

    UNICEF says that FGM is “concentrated in a swath of countries from the Atlantic Coast to the Horn of Africa...”

    A map on page 26 of UNICEF’s statistical overview of Female Genital Mutilation/Cutting shows the percentage of females 15 to 49 years of age who have undergone FGM in each country that has substantial FGM activity, but it also is performed on much younger females.

    For instance, an Ethiopian woman had her external genitalia removed and her vagina sewn up when she was only seven days old. In the Ethiopian desert region of Afar, 90 percent of the females are subjected to FGM, many before their first birthday.

    WHO has designated four different FGM classifications:
    Type 1: Partial or total removal of the ********;


    Published originally on The Hill.

    About 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.

  3. Trump Says He Would "Love" Another Shutdown if Congress Refuses Drastic Cuts in Nonwhite Legal Immigration. Roger Algase

    Update February 8, at 11:40 am:

    In a reminder that immigration is not (or should not be) a partisan issue; and that there are responsible leaders of good will in both parties who believe that immigrants are part of America and should be welcomed, not demonized and scapegoated based on where they come from, their religion or the color of their skins, former president George W. Bush stated on February 7 that, with regard to immigrants:

    "We ought to say thank you and welcome them."

    Bush also said, concerning DACA recipients, that:

    " America's their home."

    This is welcome reminder that there are ways to develop rational immigration policies that serve the interests of the American people and promote our deepest values of the dignity and equality of everyone, rather than basing these policies on exclusion and bigotry against immigrants from places that our current president regards as "shithole countries", while trying to overturn fifty years of tolerance and acceptance of non-European immigrants by destroying the family immigration and diversity lottery systems which are at the heart of our immigration system now.

    See my original comments below:

    On February 6, Trump escalated his obsession with eliminating critically important legal visas which have enabled some 30 for 40 million Asian, African, Latin American and other non-white immigrants to come to the United States in the past few decades and have, according to all expert opinion, reduced the white population of America as a total percentage of the overall ethnic makeup of the nation.

    In a White House meeting, Trump told Congressional figures present that he would "love" to see another government shutdown if his demand to eliminate the diversity visa lottery, and family reunification green cards for parents, siblings and adult children of US citizens are not agreed to by Congress.

    This takes Trump's previous demands, which were to trade relief for DACA immigrants in return for border wall funding and elimination of the above legal visas, to a new level. The Democrats and other immigration supporters in Congress have agreed to separate DACA from the issue of government funding, so Trump can no longer blame the Dreamers, or their supporters, for that impasse.

    Instead, Trump has made his demands for these huge cutbacks in nonwhite immigration, which most serious analysts agree would be the result of eliminating the above two visa proposals, the condition - not for DACA relief, which is now no longer part of shutdown negotiations - but for keeping the entire federal government open.

    Why is Trump so strenuously opposed to family reunification green cards, also known by his pejorative term "chain migration" which he called "horrible" in a December 29, 2017 tweet? Why does he want to eliminate the diversity visa lottery, which he called "ridiculous" in the same tweet.

    The answer is that both family reunification and the green card lottery (initially called the "AA-1" lottery) were originally enacted in the belief that they would boost white, European immigration to make up for the fact that the 1965 immigration law had abolished the 1924 "national origins" immigration act which favored northern Europe, and replaced it with a system that was open to the the entire world. I have discussed this in more detail in previous comments.

    However, neither family reunification nor the current visa lottery system, dating from 1995, had the expected effect of maintaining or bolstering the dominance of white immigrants. Instead, they led to large increases in non-European immigration which had a profound change on the ethnic makeup of America, making the country less white than before, and leading to a future in which the white population could one day become a minority.
    As the San Francisco Chronicle reports:

    If Trump's plan is not implemented, the white share of the population is expected to fall from above 60 per cent in 2018 to below 45 percent in 2060. The Post's lower estimate of the impact of Trump's proposal show whites staying the majority group until 2046."

    In other words, Trump wants to cut back in legal immigration in order to keep, or make, America whiter.

    Trump's program for a whiter America could also be looked in broader terms as consisting of three stages. The first stage, which dominated his first year in office, was an expanding of deportation and incarceration to affect non-criminal unauthorized immigrants, in a major reversal of President Obama's (ostensible) policies.

    Now, in this second year of the Trump Era, the focus is on gutting the family and diversity lottery-based legal immigration system, in order cut back in non-European immigration. (Immigration from "countries like Norway" will also be impacted too, but not nearly as much, as immigration from what Trump has called the "shithole" countries where people have darker skins.)

    What could happen in the third and fourth years of Donald Trump's America? It would not be far fetched to look for a push to nullify the 14th amendment to the Constitution by taking away US citizenship from millions of Latino, Asian and black American-born children based on the immigration status of their parents. This was also a major part of Trump's campaign.

    With Donald Trump, no matter how grim the picture may seem at the present for immigration in America, we have to look ahead to the future. It can always get worse. If immigration advocates, the American public, and their elected representatives do not stand up against Trump's vision of Making America White Again, it is very likely to become worse.

    Roger Algase
    Attorney at Law

    Updated 02-08-2018 at 02:37 PM by ImmigrationLawBlogs

  4. Trump's Attacks on "Treasonous" Dems, and Diversity Immigrants, Both of Whom "Don't Love Our Country", Point the Road to Fascism. Roger Algase

    During a February 5 speech in Ohio Trump launched a tirade against the Democrats and accused them of "treason" for not standing up and applauding during part of his State of the Union speech. The Hill quotes the president as saying:

    "Can we call that treason? Why not?...They certainly didn't seem to love our country very much."

    (Italics added.)

    Aside from the fact that there is a certain country where failing to applaud when the Leader speaks actually is considered treason (a country which America's president has threatened to destroy with "Fire and Fury"), what stands out from this remark is that the "treasonous" Democrats are not the only people whom Trump has accused of failing to "love our country".

    He has frequently implied that immigrants, especially those from non-white parts of the world, do not "love our country" either.

    Trump has, for example, said that he wants to end the diversity visa lottery, which benefits legal immigrants who are overwhelming non-European, with approximately 40 per cent coming form Africa, and switch to a "merit-based" system which will favor immigrants "who will love and respect our country."

    What does Trump mean when he assaults both the opposing Democratic party and non-white immigrants as people who do not "love our country"?

    For one thing, it revives the combination of racism and authoritarian rule which has been typical of all too many dictatorships in modern times.

    But beyond that, if Trump believes that members of the opposition party who fail to applaud during one of his speeches do "not love our country" and are guilty of "treason", what will be his attitude to Democrats and pro-immigration advocates who oppose his efforts to end the diversity visa (and family reunification green cards, by far the most important source of non-white legal immigration to the US during the past 50 years, which Trump has also attacked and wants to abolish for similar reasons)?

    Since, in Trump's view, the diversity visa (and family reunification visas) allow immigrants to come to America who "do not love our country", does this mean that people who support keeping America's legal immigration system in its present form, and who oppose Trump's immigration "Framework" and his support for the Senate RAISE Act and House Goodlate bill, all of which would drastically cut legal immigration levels from outside Europe (and even
    most likely, but to a much smaller extent, from within Europe too), are also "traitors" who do "not love our country"?

    This kind of thinking could only serve to intimidate and threaten immigration supporters and Congressional figures who want to keep America's legal system open to the entire world, as it has been ever since 1965, instead of making huge cuts in legal immigration from Asia, Africa and Latin America in order to favor immigrants from white "countries like Norway" as in Trump's January 11 comment and in the bigoted "Nordics" only 1924 immigration law which he and his supporters seem to be so anxious to go back toward.

    Implying that the Democrats and other supporters of legal immigration that is not limited to white immigrants from Europe only are "traitors" who do not "love our country" is not only a danger to democratic institutions. It directly points the road to fascism in America.

    Roger Algase
    Attorney at Law

    Updated 02-06-2018 at 09:59 PM by ImmigrationLawBlogs

  5. If DACA Expires, Will DREAMERS Be Shown Any Mercy by ICE Director Who "Enjoys" Carrying Out Trump's Mass Deportation Agenda? Roger Algase

    One of the favorite spins being put out by some of Trump's DACA policy defenders is that even if DACA expires without a legislative solution (and the current 9th Circuit injunction against cancelling DACA is lifted) the affected DREAMERS would have little to worry about anyway.

    Since the Trump administration has indicated that DREAMERS would not be a priority for deportation, the argument runs, the odds that any given DACA recipient would be deported after current protections expire are not all that great.

    Even Donald Trump can't deport everybody, according to this theory. Besides, there are long court backlogs, uncooperative "Sanctuary City" officials (whom AG Jeff Sessions and ICE Director Tom Homan have indicated they would like to see arrested for "harboring illegal aliens" - though this step toward a fascist America hasn't happened yet); and total deportation numbers (though not arrests of unauthorized immigrants) are reportedly down from the levels that were reached under President Obama.

    So, according to this argument, the best advice for DREAMERS who very likely stand to lose their protections sometime after March 5, unless the Democrats suddenly decide to accept Trump's ultimatum that immigrants from what were once known as "Nordic" countries back in 1924 (when America adopted an immigration law heavily favoring what Trump now calls "countries like Norway"), should be preferred over immigrants from what Trump now refers to as "shithole" countries whose citizens have a darker skin color, would be the equivalent of:

    "What me worry?"

    However, according to the latest statement from ICE Director Homan, maybe the DREAMERS should not be quite as sure of being relatively "safe" from being arrested and deported as some of Trump's defenders might like them to think. Here are Homan's words, as reported in The Hill:

    "People ask me all the time, 'So why'd you arrest the guy whose been here 15 years and has two kids?' Because he had his due process, he got his order from the judge to leave the country. He's gotta leave."

    DREAMERS and their supporters should thank Director Homan and his boss, Donald Trump, for such a "compassionate, sensitive and sympathetic understanding" of their plight - while they are being arrested and locked up or being put on buses or planes to be sent "home" to countries they were born in but have no recollection of or other connection with. also reports that Homan is said to be "enjoying" his work in tearing immigrant families apart and is bragging about how many immigrants ICE has deported since Trump took office.

    One can be sure that DREAMERS will be just as happy as everyone else to know that there is at least one agency of the federal government where job satisfaction appears to be high in the Donald Trump era - as the ICE director "joyfully" proceeds to carry out the president's agenda for the ethnic cleansing of America by arresting and removing as many Latino, black and Asian immigrants as logistics and the law will allow.

    Roger Algase
    Attorney at Law

    Updated 02-05-2018 at 12:27 PM by ImmigrationLawBlogs

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