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  1. ICE Director's Threat of Criminal Charges Against Sanctuary City Officials Undermines Democracy and Assists Trump's Authoritarian Agenda. Roger Algase

    In the legal struggle over the extent, if any, to which Sanctuary Cities can defy the Trump administration's mass deportation agenda, a recent threat of criminal prosecutions by acting ICE director and Trump loyalist Thomas Homan against local officials who don't fall into line shows that there is more at stake in this dispute than the narrow issue of where and how federal officials should be able to arrest unauthorized immigrants held in local jails.

    CBS News reports that on January 2, Homan, in an interview on Fox News, (who could imagine!) said that local Sanctuary City officials should be held "personally accountable" for crimes committed by people living in the US illegally. He added:

    "We've got to start charging some of these politicians with crimes."

    Homan added that there would be retaliation for Governor Jerry Brown's signature of a law last October declaring California to be a sanctuary state:

    "I'm going to significantly increase our enforcement presence in California. We're already doing it...They're about to see a lot more special agents, a lot more deportation hours in the state of California."

    This would not be the first time in modern history that central government "law enforcement" agents, appointed by officials loyal to a democratically elected leader in his pursuit of absolute power, were given the authority to override local police who might have otherwise protected people targeted by the regime.

    The site History Place describes how Hitler's interior minister, Hermann Goering, purged local police forces of politically unreliable policemen and put them under the control of the Nazi Storm Troopers:

    "The first thing he [Goering] did was to prohibit regular uniformed police from interfering with Nazi Brownshirts out in the streets...These young Nazi toughs took full advantage of police leniency to loot shops at will and terrorize Jews..."

    To be sure, there is certainly not an exact parallel between this example of local police being prevented from protecting Jews who, later on, were eventually targeted for extermination, from the excesses of a violent state militia in 1933 Germany; and the Trump administration's attempt 85 years later to threaten local officials in sanctuary jurisdictions such as California with criminal charges if they don't turn over Hispanic and other non-white immigrants who may have been arrested, typically for less serious offenses such as DUI, petty theft or small amounts of drug possession, to federal authorities for deportation.

    But the use of the word "terrorize" by a state militia or police organization in the above passage applies equally to the Jews who were soon to lose their German citizenship under Hitler (in 1936) and the predominantly Latin American, Asian, African and Middle Eastern communities, many of whose members are being subjected to increasing fears of incarceration and expulsion from the United States at the hands of what Trump, during his campaign, referred to as his "Deportation Task Force" - a role which ICE is set to be fulfilling more and more under Homan's leadership

    The History Place continues:

    "Next, Goering purged the Berlin police department of politically unreliable cops and had 50,000 storm troopers sworn in as special police auxiliaries (Hilfspolizei). Now the storm troopers had actual powers of arrest and they relished its use. Jails were soon overflowing with people taken into 'protective custody' resulting in the need for large outside prison camps, the birth of the concentration camp system."

    Again, it would be far fetched to call the Trump administration's immigration jails and detention centers "concentration camps" - not yet. Instead, we are seeing an increase in for profit private immigration prisons, such as the ones which GEO, America's largest private prison company, recently received a lucrative contract to build from the Trump administration, giving its executives - and wardens - good reason to celebrate by feasting and golfing at one of Trump's Florida resorts.



    But the increase in police state tactics against minority immigrants and accompanying windfall profits for Trump-friendly private prison company CEO's, in a way which at least creates the appearance of open banana-republic style governmental corruption here in America, is not end of the story.

    Even more unsettling and ominous in its implications for our democracy is the way in which Trump is loading the federal government with loyalists who are willing to be complicit in carrying out his agenda of repression, not only against minority non-white immigrants, but against Americans who are willing to stand up against his campaign of fear and terror against minority immigrants.

    A January 4 article by Mathew Yglesias in states:

    "...Trump himself makes no secret that loyalty to him is the key to access, and access is the key to policy influence.

    In their new book
    How Democracies Die, Harvard political scientists Steven Levitsky and Danial Ziblatt flag this as a key threat to democratic stability."

    No one can doubt Thomas Homan's loyalty to Donald Trump, least of all the sanctuary city officials in California and other jurisdictions throughout America who are now being threatened with going to prison for refusing to become complicit in carrying out the president's mass deportation agenda.

    Roger Algase
    Attorney at Law

    Updated 01-05-2018 at 10:45 PM by ImmigrationLawBlogs

  2. Trump Feuds With Bannon, but Not With Bannon's White Supremacist Immigration Agenda. Roger Algase

    The media are now consumed with stories about a forthcoming book by journalist Michael Wolff about Trump's White House which is reportedly full of unflattering personal and political stories about the president and his family. These include among many other things, an alleged comment by former top White House advisor and Trump campaign manager Stephen Bannon to the effect that a meeting between two of Trump's closest family members and his former campaign director with some Russians was "treasonous".

    Predictably, an infuriated President has lashed out at Bannon, stating that the latter has "lost his mind" and that he had nothing to do with Trump's campaign success - something that has about as much truth as saying that the capitol of the United States is located in Jerusalem - or Tehran - would have.

    Trump's lawyers have also reportedly sent Bannon a cease and desist letter, just in case he did not already know that the president does not react kindly to criticism on any issue whatsoever. See:

    But while all the above may make good tabloid reading, it does not change the fact that on immigration policy, Trump and Bannon have always seen eye-to-eye on the basics, and that here have been few if any differences between them. More than that, Bannon, along with Stephen Miller, former aide to Jeff Sessions, now the Attorney General and formerly the Senate's most vocal immigration opponent, and Sessions himself, was by all reports a chief architect of Trump's policies seeking to reduce or cut off immigration from non-white parts of the world.

    Bannon is gone and now evidently out of favor with the president, at least for the moment. But Bannon's bigoted policies against immigration from Asia, the Middle East, Africa and Latin America remain - particularly in Trump's Muslim ban executive order - what is left of it - and Trump's assaults on refugees, family immigration and the Diversity visa.

    On January 25, 2017, only days after Trump took office as president, he issued executive orders suspending immigration by refugees, primarily from Syria and other parts of the Middle East, and the issuance of visas to all citizens of seven more than 99% Muslim countries (the first Muslim Ban order), Right Wing Watch wrote the following (quoting from a Washington Post article):

    "...the flurry of executive orders is 'widely seen inside the White House as a victory for the self-described populist wing of his inner circle - which includes chief strategist Stephen K. Bannon, attorney general nominee Jeff Sessions and top policy adviser Stephen Miller."

    The above article continued:

    "Bannon, as head of Breitbart News, was a key mouthpiece for anti-immigrant and especially anti-refugee propaganda, something he worked on closely with Sessions and Miller.,,Bannon called the influx of refugees and other migrants into Europe a 'Muslim invasion, and referenced the racist anti-immigrant book 'Camp of Saints'."

    (Links in above quote are omitted.)

    But Bannon's hostility toward non-white immigrants is not limited to refugees only. Bannon, along with Sessions, has also been associated with the white nationalist ideology of reversing the trend toward racial diversity in American society in general, and trying to undo immigration policies that enable immigration from non-white parts of the world:

    See nprpolitics:

    What is Steve Bannon and Jeff Sessions' Shared Vision for Remaking America?

    See also, NBC News:

    Analysis: Breitbart's Steve Bannon Leads the 'Alt-Right' to the White House

    Stephen Bannon is long since gone from the White House, and he has now joined the long list of people of all ideological stripes and views who have managed to become objects of Trump's ire, vituperation and, in Bannon's case as well as those of some journalists and publications, attempts to intimidate them from exercising their basic free speech rights.

    But the spirit of Bannon's often stated belief that immigrants from non-white parts of the world in general, and Muslim immigrants in particular, pose a threat to America's society and "culture" and should not be welcome in this country, lives on in Donald Trump's White House.

    Bannon's spirit and ideology live on, not only in Trump's Muslim and refugee ban orders, but also in his support for the RAISE Act and in his attempts to reduce or eliminate most family-based legal immigration and to abolish the Diversity Visa Lottery; as well has his attempt to make H-1B and other skilled immigration more difficult and complicated through his "Hire American" executive order.

    Bannon may, not without justification, feel abused by the White House now, but he can draw satisfaction from knowing that his agenda against the non-European immigrants whom he regards as so undesirable for America is still alive and well inside the Oval Office.

    Roger Algase
    Attorney at Law

    Updated 01-04-2018 at 01:52 PM by ImmigrationLawBlogs

  3. Highlights from the Alien Incarceration Report for the Fourth Quarter of FY2017. By Nolan Rappaport

    I am only presenting highlights. You need to read the entire report to fully understand the significance of this data.

    Section 16 of President Trumpís Executive Order on Enhancing Public Safety in the Interior of the United States requires the DHS Secretary and the Attorney General to provide quarterly reports on the immigration status of aliens incarcerated under the supervision of the Federal Bureau of Prisons (BOP); aliens incarcerated as federal pretrial detainees under the supervision of the United States Marshals Service (USMS); and of all convicted aliens in state prisons and local detention centers.

    A total of 58,766 known or suspected aliens were in in DOJ custody at the end of FY 2017, including 39,455 persons in BOP custody and 19,311 in the USMS custody. Of this total, 37,557 had been confirmed by ICE to be aliens (i.e., non-citizens and non-nationals), while 21,209 foreign-born people were still under investigation by ICE to determine alienage and/or removability.

    Among the 37,557 confirmed aliens, 35,334 (94 percent) were unlawfully present. This includes a 92 percent unlawful rate among 24,476 confirmed aliens in BOP custody and a 97 percent unlawful rate among 13,081 confirmed aliens in USMS custody.

    Information Regarding Immigration Status of Aliens Incarcerated Under the Supervision of the Federal Bureau of Prisons

    Out of the 185,507 inmates in BOP custody, 39,455 (21 percent) were reported by BOP as foreign-born. Further details regarding these 39,455 foreign-born inmates are as follows:

    • 20,240 (51 percent) were unauthorized aliens who are subject to a final order of removal;

    • 14,979 (38 percent) remain under ICE investigation;

    • 2,374 (6 percent) were unlawfully present and now in removal proceedings;

    • 1,852 (less than 5 percent) were lawfully present aliens but are now in removal proceedings; and

    • 10 were aliens who have been granted relief or protection from removal.

    Information Regarding the Immigration Status of Aliens Incarcerated as Federal Pretrial Detainees

    USMS identified 19,311 aliens and foreign-born inmates under ICE investigation detained at USMS facilities. Further details regarding these 19,311 foreign-born inmates are as follows:

    • 11,459 (59 percent) were aliens who are subject to a final order of removal;

    • 6,230 (32 percent) remain under ICE investigation;

    • 1,261 (6.5 percent) were unlawfully present and now in removal proceedings;

    • 358 (less than 2 percent) were lawfully present but are now in removal proceedings; and

    • 3 were aliens who have been granted relief or protection from removal.

    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

    Updated 01-06-2018 at 10:00 PM by ImmigrationLawBlogs

  4. Trump Tweets Support for Iranian Protesters While Barring Them From US; As ICE Director Brings US Closer to Iran-Style Police State. Roger Algase

    On January 2, Donald Trump tweeted:

    "The people of Iran are finally acting against the brutal and corrupt Iranian regime [absurd charge against President Obama omitted] The people have little food, big inflation and no human rights. The US is watching!

    We can be sure that the US is watching, just as Trump said - watching to make sure that the protesters whom he, quite justly, praises for their resistance against tyranny in their country, never set foot in the United States, since Iran is on Trump's Muslim ban list.

    This is why former US Ambassador to the UN Samantha Power tweeted the following on December 31, 2017:

    "We stand with the Iranian people so much that we won't let them come here."

    (Link to Huffington Post story to be provided.)

    Meanwhile, Thomas Homan, Acting ICE Director and Trump's nominee for Director of the agency, threatened to bring Iranian style fascism one step closer to reality in America by telling Fox News (what a surprise!) that political leaders in sanctuary cities should be charged with crimes if they refuse to fall in line behind Trump's mass deportation agenda.

    Jeff Sessions, Trump's attorney general, has also suggested prosecuting local officials as a means of stifling opposition by state or local officials to Trump's plans to deport up to 11 or 12 million non-white immigrants from the US, something which could well justify the label of ethnic cleansing.

    See. Washington Times: (November 20, 2016)

    Jeff Sessions may prosecute 'sanctuary cities' if confirmed as attorney general

    While no one will argue with Trump's denunciation of Iran for its violations of human rights, his defense of those basic rights might carry just a little more force and credibility if Trump had not banned virtually the entire population of Iran, including the demonstrators who are risking their lives for freedom from dictatorship in a country that is more than 99 percent Muslim, from entering the United States solely because of their religion.

    In doing so, Trump is using the time worn ruse, which fools nobody and dates back to the racially based "Nordics" - only 1924 "national origins" immigration act, of using nationality as an excuse for racial or religious bigotry.

    By banning freedom-seeking Iranians from coming to the US because of their religion, the president also underscores his hypocrisy in tweeting sympathy for the economic hardship or ordinary Iranians at the hands of their government - so soon after signing a huge tax giveaway to the wealthiest Americans as a prelude to cutting Social Security, health insurance and other essential safety net programs for average Americans, as Juan Cole points out in a January 1 article:

    Top 6 Signs Trump Doesn't Actually Care About Iranian Protesters

    As Professor Cole also points out, Trump's ban on freedom-loving Iranians from entering the United States is even more hypocritical because of Trump's own endorsement of authoritarian ideas of government, such as his claim that he has complete control over the Justice Department, which are essentially no different from the ideology of the Iranian tyrants.

    In summary, while Trump's statement standing up for the human rights of the courageous Iranian protesters is certainly welcome and commendable, it would be a little more believable if the president were also standing up for the freedom of the press, freedom of the judiciary, and basic rights of immigrant minorities here at home, rather than trying to undermine them and claim authoritarian powers for himself.

    Roger Algase is a New York immigration lawyer and graduate of Harvard College and Harvard Law School who has been helping mainly skilled and professional immigrants from diverse parts of the world obtain work visas and green cards for more than 35 years.

    Roger's email address is

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

  5. Without a Trump-Democrat trade, the DREAM Act is just a dream. By Nolan Rappaport

    © Getty

    Democratic demands for passage of a DREAM Act threatened to prevent passage of a funding bill needed to prevent a partial shutdown of the government. But the Republicans were able to pass a stopgap spending bill on December 21, 2017, which postponed the showdown on this issue until January.

    The DREAM Act would provide conditional permanent resident status for aliens whose parents brought them to the United States illegally when they were children.

    President Obama established a program of Deferred Action for Childhood Arrivals (DACA) to give them temporary lawful status.

    Trump terminated DACA on September 5, 2017, subject to a 6-month grace period. The Democrats and some Republicans are trying to get a DREAM Act passed before the grace period expires.

    But they have been trying unsuccessfully to get a DREAM Act passed for 16 years, and their attempt to pass the DREAM Act of 2017, is likely to be unsuccessful too.

    The Senate version was introduced on July 20, 2017, and an identical House version was introduced on July 26, 2017. Congress has not held a hearing or a markup on either bill.

    If enacted, it would require the Department of Homeland Security (DHS) to grant conditional lawful permanent resident status to undocumented aliens who:

    1. Have been continuously physically present in the United States for four years preceding this bill's enactment;
    2. Were younger than 18 years of age when they entered the United States;
    3. Are not inadmissible on criminal, security, terrorism, or other grounds;
    4. Have not participated in persecution; and
    5. Have not been convicted of specified federal or state offenses; and
    6. Have fulfilled educational requirements.

    And DHS would be required to grant conditional permanent resident status to aliens who have had DACA status.

    It exempts grants of conditional permanent resident status from all numerical limitations.


    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.

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