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  1. Trump's Demographic and Climate Change Denials are Creating Hurricanes of Hostility and Floods of Fear For Minority Immigrants. Roger Algase

    Revised and updated as of September 11 at 2:40 pm:

    This is an immigration, not a meteorological blog, but with Hurricane Irma now threatening the lives and safety of millions of people in Florida and neighboring states, coming on the heels of the devastating Hurricane Harvey that wreaked havoc in Texas, it is no longer possible to avoid drawing a comparison between the callous disregard of the welfare of both Americans and immigrants affected by these dangerous storms in his inexcusable policy of climate change denial, and the ongoing hurricane of hostility toward Latino, Muslim and other non-white, non-European immigrants that Donald Trump has unleashed both as a candidate and since taking office as president.

    Trump's denial of the reality of demographic change in America away from the white dominated nation envisioned by his alt-right supporters, and toward a diverse, multi-ethnic, multicultural (and yes, multilingual) society is, if anything, even more destructive to the lives of millions of minority immigrants and US citizens alike than his climate change denial policies.

    Indeed, Trump's presidency so far could almost be said to have been run mainly for the benefit of two powerful interests - the energy companies and other big polluters on the one hand, and the white supremacist immigration opponents on the other.

    To put it simply, both Trump's climate and immigration policies are founded on lies. With regard to climate, one does not have to be an expert (and I am certainly not) to understand that, while the details are not yet fully understood, it is scientifically impossible to deny the connection between global warming and the increasingly huge, deadly storms which are now becoming the new normal.

    Trump's policy of climate change denial is, to put it purely and simply a lie - and a dangerous one which could not only devastate a major American city such as Houston, or, possibly an entire US state such as Florida, but put the future of humanity at risk.

    Since, as mentioned above, this is not a meteorological blog, I will merely refer to the following September 10 (GMT) article in The Guardian by a climate change expert, Bob Ward, and let readers draw their own conclusions:

    https://www.theguardian.com/world/20...e-change-trump

    See also: Los Angeles Times, September 10,

    Climate change deniers play politics with looming natural disasters


    http://www.latimes.com/opinion/topof...910-story.html

    In contrast, Trump's immigration policy, which can also, not unfairly, be described as a looming disaster for Latin American, Muslim, Asian and all other non-European immigrants is, at least on the surface, based on multiple lies: non-white immigrants are criminals or gang members; they are terrorists; if gainfully employed they are stealing jobs from Americans, but if not working they are draining our economy by asking for handouts; they cannot or will not assimilate to American "culture" or respect American values; they are prone to fraud, etc., etc., the list goes on and on, as it has for more than 150 years, ever since the time of the anti-Irish Know-Nothings in the mid-19th Century.

    But essentially, all of these anti-immigrant lies are based on one lie, the most dangerous and destructive of all - namely that only immigrants from a certain part of the world, Europe, or with a certain skin color, white, belong in America; and that all others are dangerous, threatening, and must be kept out or or kicked out.

    Indeed, Trump's speeches as a candidate and actions as president could be looked as an ongoing series of hurricanes unleashed against immigrants from outside Europe.

    We can even give them names: Hurricane Muslim Ban; Hurricane Mass Deportation; Hurricane Expedited Removal; Hurricane Hire American, Hurricane Extreme Vetting, Hurricane H-1B RFE's (which I will be writing about separately in an upcoming post, having been directly on the receiving end of those particular winds), and, most recently, Hurricane DACA Termination, which is blowing away the hopes of almost 800.000 young people who were brought to the US as children through no choice of their own, and many of whom are contributing to America's society and economy as students or skilled workers, not burdening or threatening this country in any way.

    This is not to mention two other slowly developing Hurricanes which have not yet hit in full force - Hurricane Border Wall and, potentially the most powerful and destructive of all, Hurricane RAISE Act, as well as arguably less powerful but still dangerous disturbances as Tropical Storm Employment-Based Adjustment of Status Interviews, and Tropical Storm Lengthy and Incomprehensible Immigration Application Forms.

    For only two of many stories about the "Hurricane of Hate" and "Flood of Fear" that have been unleashed against Latino and other non-white immigrants from the time that Trump took office as president up until now, see:

    https://lasvegassun.com/news/2017/fe...igration-plan/

    and

    https://www.democracynow.org/2017/9/...ricane_of_hate

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

    Updated 09-11-2017 at 01:41 PM by ImmigrationLawBlogs

  2. Chairman of The Latino Coalition agrees with my DACA recommendation.

    The Hill: Rappaport Says: "Trump ended DACA in the most humane way possible." Hector Barreto, Chairman of the Latino Coalition Agrees!

    http://thehill.com/blogs/pundits-blo...e-way-possible

    Nolan writes:

    “Former President Barack Obama established the Deferred Action for Childhood Arrivals (DACA) Program five years ago with an executive order that granted temporary lawful status and work authorization to certain undocumented immigrants who had been brought to the United States as children.

    This was not a good idea. It only provided temporary relief and applicants had to admit alienage, concede unlawful presence, and provide their addresses to establish eligibility for the program, which has made it very easy to find them and rush them through removal proceedings.

    Instead of giving false hope to the young immigrants who participated in the program and heightening their risk of deportation, Obama should have worked on getting legislation passed that would have given them real lawful status and put them on a path to citizenship. Such bills are referred to as DREAM Acts, an acronym for “Development, Relief, and Education for Alien Minors Act.”

    That still is the only option that makes any sense.
    . . . .

    DACA advocates need to put aside any anger they have over the rescission of DACA and work on getting a DREAM Act passed.

    DREAM Acts have been pending in Congress since 2001, and we are yet to see one enacted. This is what led Obama to establish the DACA program administratively.

    A new approach is needed. One possibility would be to base eligibility on national interest instead of on a desire to help as many undocumented immigrants as possible, which is the approach taken by the recently introduced American Hope Act, H.R. 3591. It might more appropriately have been named, “The False Hope Act.”

    The solution is to find a way to help immigrants who were brought here as children that would be acceptable to both parties.”

    In a separate blog over on CNBC, Hector Barreto, Chairman of the Latino Coalition echoed Nolan:

    https://www.cnbc.com/amp/2017/09/06/...ommentary.html

    “The winding down of DACA is the perfect time for Congress to develop effective, compassionate policy on immigration – something most Americans strongly agree we need. The best reforms will be developed through the legislative process, not executive orders – and that’s something else both sides can agree on.

    In the meantime, leaders should stay away from inflammatory language and fear mongering. Mass deportations will not happen – it is simply not logistically possible, and it is not what the Trump Administration has called for. It is worth noting how Attorney General Sessions described the government’s next steps:

    The Department of Justice has advised the President and the Department of Homeland Security that DHS should begin an orderly, lawful wind down, including the cancellation of the memo that authorized this program. … This [wind down process] will enable DHS to conduct an orderly change and fulfill the desire of this administration to create a time period for Congress to act—should it so choose. We firmly believe this is the responsible path.

    Sessions’ words about a “wind down” were rational and calm, indicating an approach that is not drastic or dramatic, not gratuitously painful or overly political. The end of DACA and the beginning of lawful immigration reform can, and should, be handled with this level of maturity and respect – for dreamers for American citizens, and for our nation’s tradition of the rule of law.

    There are no easy or simple answers on immigration, and it’s okay for our leaders to acknowledge that fact. I believe they can find legislative solutions that strengthen America, recognize our proud immigrant tradition, keep the economy strong, and keep our citizens safe and our borders secure. The core elements of President George W. Bush’s immigration reform proposals, for example, met those goals through effective border security, a functioning and humane guest worker program, and a pathway to earned legal status for the undocumented. Given the six-month time frame Congress will have before DACA ends, they would do well to start their work with Bush’s already well-developed proposal.

    President Trump even Tweeted on Tuesday that he would revisit the issue if Congress cannot act.”

    **************************************************
    Read Nolan’s and Hector’s blogs at their respective links above.

    I agree with Nolan’s “bottom line:”

    “The solution is to find a way to help immigrants who were brought here as children that would be acceptable to both parties.”

    Paul W. Schmidt’s immigrationcourtside.com blog site.

    09-05-17

    http://immigrationcourtside.com/2017...lition-agrees/
  3. Sessions' Worst DACA Misrepresentation of All Was Implying that Minority Immigrants Can't or Won't Assimilate. Roger Algase

    In his September 6 speech announcing Donald Trump's phasing out of DACA, Attorney General Jeff Sessions outdid himself in repeating racist falsehoods about immigrants in general, and about the DACA program in particular, which have become a staple of immigration opponents for the past two decades (after they succeeded in enacting IIRIRA in 1996) if not for the past half century, when the 1965 immigration reform law that the alt-right and its ideological predecessors who opposed immigration from outside Europe have never accepted was passed.

    Among Sessions' baseless accusations, as I pointed out in my own Immigration Daily blog comment that same day, were claims that immigration increases crime and makes America less safe, that DACA is illegal and unconstitutional as an open and shut matter (despite the strong arguments made for its legality, in, among other things, a letter to Trump signed by more than 100 immigration law professors); and, least tenable of all, the myth that DACA immigrants (or immigrants in general) steal jobs from American workers.

    But Sessions' speech also included an even worse patently false accusation, one that immigration opponents have been using for more than 100 years against Chinese, Jewish, Italian and many other unpopular immigrant groups - namely that today's immigrants don't want to assimilate or have problems assimilating to American "culture".

    As the grandchild of Jewish immigrants who came to America from Eastern Europe around the last decade of the 19th century, when the great wave of Jewish immigration was just beginning that lasted for the next three decades until it was cut off by the bigoted, anti-Semitic, anti-Catholic and anti-Asian 1924 immigration law that Sessions had such high praise for less than three years ago (as mentioned in my earlier comment) I am old enough to remember personally how common this despicable accusation was against Jewish immigrants not so many years ago.

    I also remember the deliberately ironic reference that the composer Leonard Bernstein make to this canard in his famous musical: Candide, which contained a song (about Jews during the Inquisition) with the refrain:

    "I am easily assimilated."

    I would respectfully point out to Mr. Sessions that being easily assimilated is just as true of the overwhelming majority of today's Mexican, Muslim, Asian, and all the other non-European immigrants whom he and the president are so eager to keep out of or deport from the US now, as it was true then about the Jewish, Italian, Asian, East European and other non "Nordic" immigrants who were stigmatized by white supremacist politicians of that period as "unfit" or "unable to assimilate" almost a century ago, when the openly bigoted 1924 immigration law that Sessions (and Adolf Hitler, 90 years earlier) praised so highly was enacted.

    For a link to the full text of Sessions' DACA speech, including his remarks about the alleged need to reduce or cut off immigration in order to give (mainly -non-European) immigrants who are already in the US time to "assimilate", see my September 6 Immigration Daily blog comment.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

    Updated 09-09-2017 at 04:01 AM by ImmigrationLawBlogs

  4. Trump ended DACA in the most humane way possible. By Nolan Rappaport




    © Getty

    Former President Barack Obama established the Deferred Action for Childhood Arrivals (DACA) Program five years ago with an executive order that granted temporary lawful status and work authorization to certain undocumented immigrants who had been brought to the United States as children.

    This was not a good idea. It only provided temporary relief and applicants had to admit alienage, concede unlawful presence, and provide their addresses to establish eligibility for the program, which has made it very easy to find them and rush them through removal proceedings.

    Instead of giving false hope to the young immigrants who participated in the program and heightening their risk of deportation, Obama should have worked on getting legislation passed that would have given them real lawful status and put them on a path to citizenship. Such bills are referred to as DREAM Acts, an acronym for “Development, Relief, and Education for Alien Minors Act.”

    That still is the only option that makes any sense.

    One of President Donald Trump’s campaign promises was that he would end DACA immediately if he were to be elected. He changed his mind after he was elected and allowed the program to continue.

    But in June, Texas Attorney General Ken Paxton sent a letter to U.S. Attorney General Jeff Sessions asking him to phase out the DACA program. Paxton warned Sessions that if he would not agree to do this by September 5, 2017, a challenge to DACA would be added to a lawsuit that 26 states had filed in a federal district court to prevent the implementation of the very similar Deferred Action for Parents of Americans and Lawful Permanent Residents, (DAPA) Program.

    Read more at.
    http://thehill.com/blogs/pundits-blo...e-way-possible

    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.






  5. Sessions Uses Same "Job Stealing" Myth to Support Ending DACA that He Used to Defend Whites Only 1924 Visa Law Which Hitler Praised. Roger Algase

    No single immigration statute, including, very arguably, even the infamous late 19th Century Chinese exclusion laws, stands as a greater monument to racial bigotry in America than the notorious Coolidge era 1924 Johnson-Reed "national origins" immigration act.

    As every historian and scholar of that period knows, the main purpose of that law was to give legal status to a long since discredited theory known as Eugenics, according to which the white "race", especially the northern European branch of it known as "Nordics", was biologically superior to all other branches of humanity.

    This theory also became the basis for the Nazi genocide against the Jews and persecutions of Slavs and other ethnic groups who were considered to be Untermenschen, i.e. racially inferior.

    This kind of thinking formed the underpinnings of the 1924 law which, using the "national origins" of American citizens as its base, according to the 1890 census taken more than 30 years previously, before the great "wave" of Jewish, Italian and other Southern and East European immigration in the early 20th century, effectively excluded most of the world's Jews, Catholics, Asians, Africans and Middle Easterners from immigrating to the US.

    (Latin American and other "Western Hemisphere" immigrants, who were a much smaller percentage of the US immigrant population at that time, were not affected by the quotas.)

    To give an example of how racially skewed the quotas were under this Coolidge-era law, the annual immigration for Germany was set at 50,000 (rounded off). The annual quota for Great Britain was about 34,000.

    Here are the annual immigration quotas for India, China, Japan and almost all other Asian, Middle Eastern and African countries as fixed by that law: 100 people for each country.

    No, I did not leave out any zeros by mistake - one hundred immigrants per country for almost every country of the world outside Europe affected by the law was the limit.

    One of the many results from the bigoted law, which also had much smaller immigration quotas for Russia and Eastern Europe, where most of the the Jews of Europe lived, than for Northern and Western Europe, was to add to the death toll in the Holocaust. This is an unalterable historical fact, which no unbiased or serious analyst or historian can dispute.

    Adolf Hitler himself wrote favorably about America's 1924 immigration law in his infamous manifesto, Mein Kampf.

    For more on the racial "Eugenics" motivation behind the 1924 immigration law and Hitler's praise of that law, see

    The Guardian:

    Hitler's debt to America

    https://www.theguardian.com/uk/2004/feb/06/race.usa

    Therefore, it was troubling to read then Senator Sessions praise of this law in his own January, 2015 immigration "Handbook" for Congressional Republicans, which he attempted to pass off as a measure intended to raise the living standards of American workers by limiting immigration. For a link to the Handbook, see:

    http://www.aila.org/infonet/senator-...ation-handbook

    Nothing could possibly be further from my intent than to compare Sessions with Hitler. There is obviously no basis whatsoever for that.

    However, it is inconceivable that Sessions, with his long-standing interest in the immigration issue and his support for or associations with organizations such as FAIR, whose only goal is to reduce immigration, could have been unaware of the background and real purpose of the Coolidge era 1924 immigration law when he wrote about it so favorably in his immigration "Handbook" less than three years ago,

    It was also disturbing to read Attorney General Sessions defense of the president's cruel decision to terminate DACA and cause incalculable hardship to almost 800,000 mainly Latino young people whom Sessions himself admitted pose no danger to America, by using the same patently false and meretricious excuse, namely that the purpose of terminating DACA was allegedly to protect the jobs and wages of American workers.

    https://www.justice.gov/opa/speech/a...s-remarks-daca

    As another leading Republican, Senator Lindsey Graham (S.C.) pointed out in his reply to Sessions' remarks, there is no evidence that DREAMERS are taking jobs away from Americans, and a large number of DREAMERS are actually attending school rather than working.

    http://www.politico.com/story/2017/0...-graham-242370

    However, near the end of his DACA statement, Sessions let the cat out of the bag about his real reasons for wanting the president to terminate that program - namely limiting or cutting off immigration from non-white areas of the world by scrapping the race-neutral 1965 immigration reform law that has been the basis of our system for the past half-century, and replacing it with the RAISE Act, a skewed "point system" heavily weighted in favor of European and, especially, English - speaking countries.

    It would not be unfair or inaccurate to say that the RAISE Act serves essentially the same purpose, only updated by nearly a century, as the 1924 Coolidge-era whites-only immigration law which Jeff Sessions - and Adolf Hitler, admired so much.

    The above shows that the issue involved in the president's decision (in which Sessions reportedly had such a large role) to terminate DACA is not one of enforcing the immigration laws to protect the American public against dangerous or harmful immigrants; nor is it one of protecting American jobs or raising wages or living standards - an issue which neither Sessions or many other anti-union, anti-minimum wage, anti-regulation Republicans have ever shown much interest in outside the immigration context.

    The real issue involved in terminating DACA is the same issue that is involved in the RAISE Act, Trump's Muslim ban, his mass deportation dragnet, VOICE program and minority voter suppression commission, as well as his attacks on the H-1B visa, his "Buy American - Hire American" executive order; and, last but not least, his unpardonable pardon of Sheriff Joe Arpaio, who bragged openly about holding mainly Latino immigrants in what Arpaio himself called "concentration camp" conditions, while instilling fear and terror into immigrant communities.

    It was also the central issue involved in the 1924 immigration law which Attorney General Sessions and Adolf Hitler both thought so highly of - making America whiter.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

    Updated 09-23-2017 at 08:44 AM by ImmigrationLawBlogs

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