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  1. Trump Continues Assaults on Immigrants and Democracy; Threatens to Lock up Clinton and Attacks Media While Mimicking MS-13 Stabbing. Roger Algase

    Update, August 4, 5:51 pm:

    For more about the overly fascist implications of Trump's attacks on the media, which, as mentioned below, are coming more and more to resemble Adolf Hitler's attacks on the Luegenpresse (German for "Fake News Media"), see The Guardian's August 3 story:

    'Disgusting news;' Donald Trump whips up crowd anger as he vilifies media

    https://www.theguardian.com/media/20...vilifies-media

    And for an even more frightening August 4 report in the same paper about how Trump's assault's on non-white immigrants as "criminals", "terrorists" and "animal" gang members who are responsible for all America's problems are resonating with his working class, white, less educated base, just as shouting, screaming, crowds of Hitler's supporters once roared their approval of the Nazi's slogan: "Die Juden sind unser Unglueck" ("The Jews are our disaster.") see:

    https://www.theguardian.com/us-news/...lly-supporters


    My slightly revised original comment appears below:

    The danger to America's democracy, not just the non-discriminatory legal immigration system that we have had for the past half century, becomes more apparent every time Donald Trump makes another speech about immigration, as he did on August 2, at a rally in Wilkes-Barre, PA.

    At the rally, Trump once again combined demonizing and vilifying Latino and other non-white immigrants as "MS-13" gang members, despite overwhelming evidence, as shown in numerous studies, that immigrants as a whole, with or without legal status, do not commit crimes at a higher rate than native born Americans.

    And while he was imitating MS-13 "animals" in the act of "slicing" (white, of course) American victims, he also threatened (once again) in front of a screaming, shouting, crowd of supporters to "lock up" Hillary Clinton, and attacked a free and independent media as the enemy of America.

    https://thinkprogress.org/donald-tru...-dc61c843510c/

    I have made clear in many previous comments that Trump is not a Nazi, not a Hitler supporter, not anti-Jewish and not an advocate of genocide or mass extermination. None of the above accusations could possibly be further from the truth.

    But it is becoming increasingly impossible to ignore the parallels between the German Fuehrer's attacks on the Jews as responsible for all of that country's problems and the extinction of its democracy in 1933, and Trump's attacks on brown immigrants as "criminals" and "terrorists" while also assaulting the foundations of America's freedom - namely a free press and the right to political opposition without being thrown in jail.

    Here are some excerpts from the speech as reported on the site carbonated.tv:

    https://www.carbonated.tv/news/trump...-ms13-stabbing

    First, with regard to demonizing and spewing hatred against Mexican and Central American immigrants as "criminals", "rapists" and "MS-13 gang members":

    "And you remember what I said? They'e sending, I mentioned words - I won't even mention them tonight because there's a lot of young people here - but I mentioned words and everyone thought it was wonderful...Guess what, what I said is peanuts compared to what turns out to be the truth. it's peanuts.

    The report continues as follows

    "At one point, the president took his usual fearmongering about supposedly criminal immigrants to the next level by referring to MS-13 as 'slicers' and 'animals' and mimicking the motions of a person being stabbed."

    The above report also quotes Trump's bizarre accusation against green card lottery recipients as being murderers as follows:

    "Our first lottery winner - let's see, he has seven convictions for death. He's killed nine people. And we're getting him the hell out of our country."

    Never mind that over a million Diversity Visa lottery recipients have immigrated legally and peacefully to America in the past quarter century, and that they are subject to the same criminal and security background checks as all other immigrants.

    Again, while comparisons with Adolf Hitler must always be made with a great deal of caution and qualification, those one cannot avoid being reminded of Hitler's rants against the Jews almost a century ago for allegedly causing the loss of World War 1 by "stabbing Germany in the back".

    In both cases, any resemblance to the truth is totally irrelevant. The point is to gain absolute power by using the Big Lie strategy against a targeted minority.

    As history will also attest, Hitler's attacks against the Jews were ignored or downplayed by many people, including some leaders of the intended Jewish victims themselves, for far too long. As Historian Richard J. Evans writes in The Nation (February 28, 2017) in his article The Ways to Destroy Democracy:

    "Few took Hitler seriously or thought he would actually put his threats against the country's tiny Jewish minority, his rants against feminists, left wing politicians, [gays], pacifists, and liberal newspaper editors, into effect...But within a few months of taking office, he did all of these things - and much more."

    https://www.thenation.com/article/th...roy-democracy/

    It was all too easy to dismiss Hitlers ravings as only those of one more nationalistic politician trying to grab attention by working up crowds of cheering, screaming supporters (like the ones in Wilkes-Barre Pennsylvania nine decades after Hitler began his political career) - until Hitler took power and democracy disappeared - along with, ultimately, six million Jews.

    No, Trump is absolutely not an advocate or proponent of mass murder or genocide in any way. shape or form. But his appeal to racial hatred against brown immigrants has ominous implications for the survival of democracy in America, just as Hitler's attacks on Jews and other minorities did in Germany.

    The above ThinkProgress report about Trump's speech states:

    "When Trump mentioned Clinton, the crowd broke out in 'lock her up' chants. Trump responded by saying, 'Some things just take a little longer'. He then complained that his Justice Department 'only wants to go after Republicans. You look at the kind of criminal actions and crime - they only want to go after the Republicans.'"

    To be sure, there are countries of the world where the Leaders do throw their political opponents in jail and order the opposition parties to be criminally investigated. Trump recently met on very friendly terms with two of those leaders - Vladimir Putin and Kim Jong Un. Is this also America's future?

    Trump's relentless attacks on the independent media indicate that it could very well be.

    At the same rally, Trump also went into a tirade against

    "the fake, fake, disgusting news"

    and called independent reporters who publish stories that he doesn't like:

    "horrible, horrendous people"

    (similar to language he has used about people who immigrate to the US legally with visas that he doesn't like, including not only Diversity but family visas, and from countries that he doesn't like, such as "shithole" countries in Africa and the western hemisphere where people are not as white as in "Countries like Norway." )

    The above attacks on the media are by now familiar, but that does not make them any less dangerous for our democracy, just as Hitler's attacks on the Luegenpresse (German for "fake news") showed.

    Again, I emphasize that Trump is not Hitler and that the president's verbal assaults on non-white immigrants, political opponents and the media are not in any danger of leading to gas chambers, mass murder or attempted extermination of an entire people. But neither are they idle words to be passed over as we move onto the next story about immigration or some other issue.

    Words have meanings and they have consequences, particularly when they come from someone who possesses the enormous power of the president of the United States (a power which the Supreme Court may rule one day soon is absolute and above the law and Constitution if, as seems likely, Brett Kavanaugh is confirmed for the Supreme Court).

    In the area of immigration, we are already seeing that Trump's attacks on all non-white immigrants as "criminals" "terrorists" and MS-13 gang members are leading to horrendous abuses against people seeking legal rights under our laws - such as asylum seekers and their children who have in some cases, been locked like animals in dog cages and ICE boxes, and who have allegedly been subjected to mistreatment and abuse amounting to concentration camp like conditions under both Donald Trump and his predecessor, President Barack Obama.

    We are also seeing the consequences of Donald Trump's constant verbal demonization and vilification of nonwhite immigrants in his regime's increasingly authoritarian attempts to make drastic changes in America's legal immigration laws - which Trump contemptuously calls the "dumbest in the world" without going through the elected representatives of the American people in Congress.

    I will be writing about these changes in more detail in future comments, but the main ones are already well known to most ilw,com readers such as:

    1) Trump's attempt to intimidate and bully Congress into eliminating the Diversity visa and most family immigration - and obtain money for his totalitarian Wall - arguably not as horrible as Hitler's Warsaw Ghetto Wall or the Soviet Berlin Wall, but still not something consistent with free and democratic countries;

    2) His plans to distort the "Public Charge" inadmissibility rule to make legal family immigration unavailable to all but the wealthiest (and, presumably mainly the whitest) immigrants;

    3) The many ways on which Trump's administration is conduction a hypocritical attack, through biased, politically motivated and legally baseless RFE's on highly skilled legal immigration such as the H-1B visa, while at the same time using a push for"Merit Based" immigration as an excuse for cutting back or eliminating family and diversity immigration. I will have more to say about Trump's assault on highly skilled immigrants, including the best and the brightest of all - extraordinary ability immigrants - in upcoming comments based on my own experiences as an attorney practicing mainly in the high-skilled immigrant field;

    4) The large scale elimination of TPS, refugee visas and asylum options through presidential DHS and DOJ diktat, rather than going through even the facade of a democratic process. Admittedly, ever since the time of the infamous 19th century Chinese exclusion laws, rule over immigration by virtual executive dictatorship has been recognized as the foundation of our legal system; but this raises the issue of why these laws, and the Supreme Court gave so much power over immigration to the executive; and

    5) The vast increase in waiting times for even the most routine legal immigration documents; including but by no means limited to the reported doubling of already very long waiting times for US citizenship applications so that intending new Americans, many of whom have ancestry and skin color disfavored by Trump and his regime, will not have the choice of voting for Trump's political opposition, as many of them might understandably wish to do.

    6) The above and other legal immigration application backlogs will certainly be made even worse by the DHS plan to divert funds from processing and approving pending legal immigration and citizenship applications over to a new "Denaturalization Force" whose only purpose will be to dredge up thousands, if not millions, of US citizenship applications going back almost 30 years and look for technical defects or omissions in an effort to take away US citizenship of these applicants and expel them from this country;

    7) The inevitable movement, which some of Trump's white nationalist supporters are already beating the drums for, to distort and reinterpret the 14th Amendment and late 19th Century Supreme Court decisions, such as Wong Kim Ark (1898) which uphold birthright citizenship for every child born in the United States, regardless of race, skin color or ancestry, and replace it with a system giving mainly white people citizenship rights instead.

    The above authoritarian changes, all planned to be put into effect without Congressional consent, will be America's Nuremberg Laws (which, among other things, took German citizenship away from the Jews). But even though the Jews suffered worst of all, they were not the only ones who lost out when Hitler took absolute power, as Donald Trump is also very clearly aiming toward doing today in America, using immigration as his stepping stone.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com



    Updated 08-04-2018 at 04:52 PM by ImmigrationLawBlogs

  2. BIA Precedent Chart. Updated June 19, 2018. Posted by Nolan Rappaport


    This document, which was updated June 19, 2018, compiles headnotes from the Board of Immigration Appeals' precedent decisions. Available at https://www.justice.gov/eoir/bia-precedent-chart

    Nolan Rappaport




    Updated 08-02-2018 at 12:00 PM by ImmigrationLawBlogs

  3. Could a President Who Locks Immigrant Children in Dog Cages and ICE Boxes Suspend the Constitution and Declare Martial Law? Roger Algase

    I am postponing my August "vacation" from commenting about the immigration policies of our nation's Chief Executive by one day in order to share a frightening July 30 article by Thom Hartman on alternet.org suggesting that Donald Trump might very well at some point suspend all freedom in America by declaring martial law, "postponing" the 2020 election, defying the courts and assuming full powers of a dictator, based on the template of the way he has been treating immigrants.

    What makes this article so frightening is that it is based on an interview with Tony Schwartz who ghost wrote Donald Trump's book Art of the Dead, spent a good deal of Time with Trump and knows him well. As the article explains in chilling detail, Trump has a dictator's ambitions, and his authoritarian use of power against brown immigrants could be only the beginning of what he might have in store for all Americans as well. The link is:

    https://www.alternet.org/news-amp-po...scape-it-could

    I hope that ilw.com readers will enjoy this piece of summer reading during the coming month. See you in September!

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

    Updated 08-01-2018 at 02:46 PM by ImmigrationLawBlogs

  4. 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:

    https://www.huffingtonpost.com/entry...b0fd5c73d2e9ff

    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 ilw.com discussion topics and which I will not go into here. See:

    https://www.newsweek.com/trump-impea...gration-784973

    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:

    https://slate.com/news-and-politics/...-humanity.html

    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


    http://prospect.org/article/how-demo...e-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 ilw.com 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 ilw.com readers a good month of August. See you in September!

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

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

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

    Withdrawn.

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

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