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  1. 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

  2. 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

  3. Trump's Ultimatum: A Veiled Threat to Deport 1.8 Million DREAMERS Unless Democrats Accept Massive Cuts in Non-European Immigration. Roger Algase

    Update, February 1, 2:21 pm:

    Fortunately, not all Republicans appear to be willing to support the president's agenda of using almost 2 million young people who were brought to this country illegally through no fault of their own as hostages in his push to destroy the foundations of the immigration system that America has had for the past 50 years of accepting qualified immigrants from all over the world. The Hill reports on February 1 that at least some Congressional Republicans, along with the Democrats, would prefer to see a narrower compromise which would include protections for DACA recipients together with a border security package.

    This arrangement would leave issues involving changes in legal immigration open for separate discussion without holding the DREAMERS in thrall to the president's larger, white nationalist, immigration agenda. See:

    My original comment follows:

    On February 1, Trump's offer to grant relief from deportation and eventual citizenship to 1.8 million DREAMERS in exchange for massive cuts in legal immigration which would badly hurt all immigrant groups, including Europeans, but hurt non-white immigrants most of all, turned into a thinly veiled threat to deport the DREAMERS if he does not get his way in gutting "non-nuclear" family immigration and the Diversity Visa lottery.

    In Trump's words, at the beginning of his latest early morning tweet:

    "March 5th is rapidly approaching and the Democrats are doing nothing about DACA..."

    The obvious meaning is that 1.8 million DREAMERS will be in danger of being targeted for deportation in retaliation if Trump doesn't get his way on making major reductions in non-white immigration, with some less drastic cuts in white immigration as well, according to figures provided by the Washington based Center for Global Development:

    For more on Trump's threat, see:

    In view of the hostile language that Trump has been consistently using against all immigrants, including the many millions of immigrants from every part of the world who are in the United States in full compliance with America's laws and are contributing to our economy and our society; and given the wildly false statements, bordering on pure fantasy, that he has made recently about immigrants, most of them non-white, who have used both family visas and green card lottery visas, Trump's ominous references to March 5, 2018 the date that his own self-imposed DACA deadline expires, should be taken very seriously.

    Anyone who thinks that 1.8 million DREAMERS would not be in the direct firing line if Trump doesn't get his way on rolling back non-white legal immigration toward 1924 levels, i.e. almost none at all, has not been reading the news very much during the past one year.

    For my further comments on this issue, see:

    In view of the frantic efforts that Trump is making to hold the lives and the futures of almost 2 million DREAMERS and their families hostage to his vision of making America whiter by tearing down two of the main pillars of non-European legal immigration since 1965 (for family immigration) and 1995 (for the visa lottery), one also has to ask: will he stop there?

    Or will he move on to the third prong of his three-pronged effort to remake America's racial demographics - gutting the 14th Amendment in order to take birthright US citizenship away from millions of Latino and other mainly non-white Americans? See, CNN:

    Birthright citizenship: Can Donald Trump change the Constitution?

    This would fulfill another one of his campaign promises - potentially the most dangerous and destructive one of all.

    Roger Algase
    Attorney at Law

    Updated 02-01-2018 at 03:50 PM by ImmigrationLawBlogs

  4. In SOTU Address, President Continues False Claims About and Calls to End Family and Lottery Green Cards, Making DACA Deal Less Likely. Roger Algase

    On January 30, in his State of the Union address, Donald Trump continued the pattern of falsehoods and demoniztion against immigrants and insistence that immigration is harmful for American citizens in general that he has maintained throughout his campaign and his presidency.

    The speech, with its insistence on demolishing two key parts of our legal immigration system which, between them have allowed tens of millions of productive, law-abiding immigrants from all parts of the world, including Asia, Africa, the Middle East and Latin America as well as Europe to become US legal residents within the past several decades; namely family immigration for parents, siblings and adult children of US citizens, and the Diversity Visa lottery, will almost certainly make the chances of a DACA compromise even more remote and put almost 2 million DREAMERS in greater danger of deportation.

    The full text of his speech is available at:

    His immigration comments are on pages 5 and 6 of the speech.

    The president began his immigration remarks with what has now become his staple inflammatory accusation that immigrants are dangerous criminals who harm Americans and take away their jobs:

    "For decades, open borders have allowed drugs and gangs to pour into our most vulnerable communities. They have allowed millions of low-wage workers to compete for jobs and wages against the poorest Americans. Most tragically, they have caused the loss of many innocent lives."

    This may seem hostile enough toward the 30 or 40 million legal immigrants, the majority of whom are from Latin America, Asia and Africa, who have found better lives in America over the past half century ever since the bigoted Northern Europeans only immigration law of 1924 was finally repealed in 1965.

    But Trump's SOTU remarks about immigration went downhill from there. He continued with a lengthy diatribe against the MS-13 gang, just in case anyone had forgotten his warning two and a half years ago that Mexican (and by extension other Latin American immigrants) are mostly "criminals" and "rapists", and then promised to "fix" our immigration our immigration laws - mainly by demolishing important foundations of our legal immigration system which have no connection with criminal gangs.

    Then, returning to the theme of the supposed threat that immigrants pose to working Americans, especially those who are struggling economically, he stated:

    " constant concern is for America's children, America's struggling workers, and America's forgotten communities...I want our poor to have their chance to rise."

    Where was this concern, one might ask, when Trump signed a trillion dollar tax cut for the richest Americans, tried to gut President Obama's health insurance protections for millions of average and less well off people and cut or eliminated federal programs too numerous to mention which benefit average and lower income Americans? Once again, the president's "concern" for average working people becomes evident only when he can use it as a club to beat immigrants with.

    Trump then went on to introduce the four "pillars" of his immigration reform plan. First is the carrot, in the form of an admittedly generous proposal which would lead to eventual US citizenship for 1.8 million DREAMERS.

    Second is the border Wall with all its associations of insult and contempt for Mexico and Latin American immigrants in general, as well as even darker reminders of the Communist Berlin Wall and the Nazi Warsaw Ghetto Wall - a symbol of the Nazi persecution of the Jews which Trump spoke against so eloquently only about seven months ago in a speech given in that city.

    However, if he had stopped at that point, DACA relief in exchange for Wall funding, most immigration advocates would agree that the elements of a compromise deal might have been in place. But he did not stop there.

    Instead, Trump went on to his third "pillar" namely calling for an end to the visa lottery. Going back to almost 30 years ago, the green lottery began as a program (called AA-1) almost entirely for white immigrants only, with especially large set-asides reserved for Ireland and Poland. I do not remember any criticism of that program from immigration restrictionists at that time, even thought this program, unlike the current DV lottery contained automatic waivers of inadmissibility for lottery winners who had committed visa fraud or previously been deported.

    In other words, giving green cards by lottery even to "bad people" was not a problem in those days, as long as the people involved were almost entirely white. (There were two Asian countries on the list as well - Japan and Indonesia - I remember well because I represented AA-1 clients from both those countries, as well as others.)

    But now that the visa lottery has been open to people from every part of the world since 1995, and has been especially advantageous to immigrants from Africa in recent years, Trump claims in his SOTU address that this program (which requires at least the equivalent of a high school education):

    "...hands out green cards without any regard for skill, merit, or the safety of our people." (Bold and italics added.)

    This, again, is nothing more than another presidential falsehood. Visa lottery winners are required to go through the same criminal and security checks that all other immigrants need.

    There have been over one million people who have received DV green cards in the past two decades. One such person, this past fall, tried and failed to commit a terrorist attack in New York. For most people, one in a million is not enough evidence to show that an entire program is dangerous.

    For this president, evidently that math does not apply - not at least when a visa that benefits mainly non-white immigrants is concerned. But that is not all. The president continues:

    "It is time to move toward a merit-based immigration system - one that admits people who are skilled, who want to work, who will contribute to our society and who will love and respect our country."

    Except for the skills part (which Trump is also trying to attack by moving to restrict H-1B visas which are especially popular with highly educated Asian immigrants) isn't that an exact description of the more than one million diversity immigrants who have come to America in the past two decades? Where is the president's evidence that these more than a million mainly non-white immigrants do not want to do all of the above (except, as mentioned above for one bad apple and no doubt a few others that have existed in every visa and other government program since the beginning of the human race)?

    But the biggest whopper of all comes in Trump's "fourth pillar" - his demand to end "chain migration", namely the (slightly) extended family immigration system that has been the heart of America's immigration system for the past half century and has enabled 30 or 40 million productive, law abiding immigrants who are here because they love America - and their families - to find a better life, or at least advance their careers, in this country.

    Trump says:

    "Under the current broken system, a single immigrant can bring in virtually unlimited numbers of distant relatives."

    Who are the "distant" relatives beyond the "nuclear" family whom a US citizen is allowed to sponsor under the current "chain migration" system? Parents, siblings, and adult children. This wild, if not delusional, misstatement goes far beyond even his previous fantasy that the New York Halloween terror attack suspect had sponsored "23" relatives for green cards.

    What is "distant" about sponsoring ones parents, siblings or adult children for a green card? What is "unlimited" about that?

    Was the president's own German grandfather's connection with his sister in the US "distant" when he immigrated to the United States to join her? Was he a danger to US security, as the president also implied about both family and diversity lottery immigrants in his speech?

    The only thing that is unlimited about family and lottery green cards is the president's evident willingness to make gross misrepresentation about them in order to turn public feeling against the mainly non-white immigrants who benefit from these visas the most.

    If the president is serious about reaching a compromise on immigration policy, he should begin by telling the truth about immigration, instead of spreading poisonous and inflammatory falsehoods which have no other purpose than to demonize and scapegoat immigrants, most of whom come from outside Europe and do not have white skin color, for all of America's problems.

    Roger Algase
    Attorney at Law

    Updated 01-31-2018 at 01:36 PM by ImmigrationLawBlogs

  5. If Dreamers get a deal, it will be because of Trump, not Schumer. By Nolan Rappaport

    © Getty

    Senator Chuck Schumer (R-N.Y.) has dismissed the White House’s new Framework on Immigration Reform & Border security as a “wish list” for hard-liners. According to Schumer, Trump is using protection for Deferred Action for Childhood Arrivals program (DACA) participants as “a tool to tear apart our legal immigration system and adopt the wish list that anti-immigration hardliners have advocated for years.”

    But Schumer’s own DACA proposal, which he put together as part of the Gang of Six, was just as unacceptable to Trump as Trump’s current proposal is to Schumer.

    Schumer rejected Trump’s previous proposal, which was to establish a program for the 690,000 DACA participants that would continue their temporary legal status, and proposed a legalization program for a couple of million Dreamers. Moreover, he offered Trump just $1.591 billion for building a wall, which is only a small fraction of the amount he needs; and did not meaningfully address his chain migration concerns.

    That was not the first time Schumer has advocated a position he knew would be rejected. Four years ago, he moved his immigration reform bill, S.744, through the Senate despite the fact that it was opposed by 70 percent of the Senate Republicans. It was dead on arrival in the Republican controlled House.

    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.


    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.

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