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  1. Bowing to Trump's Racist Immigration "Principles", Nielsen Condones White Supremacists as DHS Moves Against Family and Diversity Visas. Roger Algase

    From the moment in June 2015 when Donald Trump announced that he was running for president on a platform of demonizing Mexican immigrants as "criminals", "rapists" and "drug dealers", there has been no doubt that Trumps most basic "immigration principles" have been overt racism and white supremacy.

    This is not to say that anti-immigrant racism originated with Trump - of course it did not. This stain on America and its most fundamental value of equality of all people goes back at least to the time of the infamous late 19th Century Chinese exclusion laws, if not to the pre-civil war Dred Scott decision laying down the "principle" that people of color could not be US citizens because of their race.

    No, Trump certainly did not invent the "principles" of anti-immigrant racism in America. But almost every passng day, there are new indications that these principles are at the foundation of his administration's entire immigration policy. As I discuss below, the "principles" of anti-immigrant racism are now close and closer to becoming official DHS policy under the cowardly leadership of its director, Kirstjen Nielsen, who seems to have abandoned any principles of independence or willingness to stand up to her bigoted boss.

    Trump complains that the non-discriminatory immigration system that America has had for the past half century amounts to the "dumbest" immigration laws in the world. If there were any doubt as to what he means by that, his attacks on non-European immigrants for allegedly making that continent "lose" its "culture", which I have discussed in a recent immigration Daily comment, leave no doubt about his views.

    The latest sign that the Trump administration's fundamental principle of anti-immigrant racism is closer and closer to becoming official DHS policy is shown in two recent news reports. One deals with DHS Secretary Nielsen's shameful and appalling refusal to speak out against white supremacist violence in Charlottesville last year. The other is in a shocking report that without any debate, discussion or Congressional hearings on this issue, the DHS is now preparing new regulations with an expanded definition of "Public Charge" which would virtually abolish family immigration and Diversity visas for all but the wealthiest few.

    For more about Nielsen's humiliating refusal to criticize Charlotteville's racists and neo-Nazis see: America's Voice, July 20:

    http://bit.ly/2uCfKPN

    See also:

    https://www.alternet.org/dhs-secreta...one-side-right

    And to understand how following Donald Trump's racist views actually plays out in determining DHS policy toward immigrants, see the following shocking report on the way that the DHS is making Trump's racist attacks on family based and Diversity immigrants, most of whom are from outside Europe and do not have the white skin color that Trump seems to regard as essential for legal immigration to the US, into official US policy.

    According to a report by American Progress, an affiliate of America's Voice, the "Public Charge" ground for inadmissibility, which was originally enacted for the express purpose of excluding Chinese immigrants for avowedly racial reasons in the late 19th century, is now in the process of being revived and blown way out of proportion by the DHS in order to exclude all but the most affluent applicants for family based and Diversity-based green cards.

    https://www.americanprogress.org/iss...-health-tests/

    It is no secret that, even though both of these visa programs were originally enacted to boost white immigration, the great majority of their beneficiaries over the past few decades have been from Asia, the Middle East, Africa and Latin America, rather than from Europe. This is why these two visas are now in Donald Trump's direct and intense line of fire.

    http://nymag.com/daily/intelligencer...orrendous.html

    It is a disgrace, not only for Nielsen personally, but for America and its values of racial equality and justice for all, to see the DHS going along so compliantly with yet another racist plank in Trump's anti-immigrant platform.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

    Updated 07-21-2018 at 12:28 PM by ImmigrationLawBlogs

  2. Trump was right to ditch UNís plan for handling migrants. By Nolan Rappaport



    © Getty Images

    The U.S. is the only member of the United Nations (UN) that did not participate in the entire 18-month process for the development of a Global Compact for Migration, which is supposed to be formally adopted in December.

    The process began when the UN hosted a summit in New York on September 19, 2016, to discuss a more humane way to handle large movements of migrants. Barack Obama was the president then. At the end of the summit, all 193 member states signed the New York Declaration for Refugees and Migrants, a 24-page document that provided a blueprint for the establishment of the compact for migrants (and a separate compact for refugees).

    The declaration included numerous provisions that were inconsistent with U.S. immigration policy and the Trump administrationís immigration principles. Consequently, the Trump administration ended U.S. participation.


    Ambassador Nikki Haley, the U.S. representative to the UN, explained in a press release that, ďThe global approach in the New York Declaration is simply not compatible with U.S. sovereignty.Ē America decides how best to control its borders and who will be allowed to enter.

    The Trump administration was right. The compact is a collective commitment to achieve 23 objectives for safe, orderly, and regular migration. Although it addresses problems that need to be resolved, some its proposed solutions would weaken U.S. border security and others would usurp congressional control over the nationís immigration laws.

    Read more at http://thehill.com/opinion/immigrati...s-and-migrants

    Published originally on The Hill.

    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's "Nuremberg Laws" for Brown Immigrants: End Most Legal Immigration; Take US Citizenship Away From Millions of Americans. Roger Algase

    Update: July 19 at 1:32 pm:

    Just in case anyone wonders what could happen to thousands, or perhaps millions, of non-white children who now have the precious benefit of US citizenship through birth in this country to parents who happen to have been immigrants themselves, or who became US citizens through naturalization of their immigrant parents, if they have their citizenship yanked away from them by Donald Trump and the white supremacist zealots in his regime, one can read what is happening to the non-white, non-citizen children who are being locked in ice boxes and dog cages in Trump's America in the latest horrifying July 19 America's Voice report:

    More Damning Details of How Trump Administration is Treating Immigrant Children


    http://bit.ly/2La4QuQ

    My earlier comment follows:

    As I have made clear in many previous comments, I have never even remotely suggested that Donald Trump is a Nazi sympathizer or supporter of Adolf Hitler, that he does advocates genocide, or that he is anti-Jewish. He is quite obviously none of the above, not even by the wildest stretch of the imagination.

    But it is no longer possible to ignore the fact that just as Hitler's attacks on the Jews blaming them for all of Germany's problems, which many people at first tried to downplay as only talk, ultimately led to anti-Jewish measures such as the Nuremberg laws which took German citizenship away from the Jews in 1936, Trump's relentless race-baiting and demonization of brown immigrants as "criminals", "rapists" "drug dealers", "gang" members" and "terrorists" are rapidly leading to actions which could not only cut off the chances of legal immigration for millions of people who might now be eligible under our laws, but could take away US citizenship from millions of other people based on little more than their ancestry or the color of their skins.

    First, there is the "shock and awe" of two new USCIS memos relating to the issuance of NTA's and RFE's which I will discuss in more detail in an upcoming comment. These two memos are described in detail, with links to the memos themselves, in a July 16 America's Voice article:

    USCIS Methodically Transforming From Immigration Benefit Agency to an ICE Deportation Feeder Operation


    I do not have a direct link to this article, but it is available through Google.

    But it would be a serious mistake to think that Trump's agenda, and that of his white supremacist supporters, is limited to making it harder, much harder, for brown people to become legal immigrants in the first place and scaring them away from even applying immigration benefits that they may be eligible for, as is the obvious purpose of these two memos (and of Trump's frenetic attacks on family and Diversity green cards which have been going on since late last year).

    We can be sure without any possible doubt that Trump's ultimate goal is taking away US citizenship from millions of Americans whose only problem (as he and his supporters see it) is that they, or their forbears, do not happen to come from "Countries like Norway" (to quote Trump's January 11 widely reported statement made at a White House meeting).

    The first prong of this two-prong attack involves setting up a USCIS "Denaturalization Force" to revoke citizenship of thousands, or potentially millions, of people who have become American citizens since 1990, but whose naturalization applications may have have had technical or other minor omissions or defects, as Professor Ruth Ellen Wassem describes in an article in The Hill:

    http://thehill.com/opinion/immigrati...-in-its-sights

    Not surprisingly, as Wassem reports, funding for this task force would not come from additional Congressional appropriations, but from diverting funds received from USCIS user fees away from processing applications for immigration benefits, such as work permits and green cards, over to the new task force, This would cause long additional delays in processing legal immigration (and citizenship) applications.

    There was a time, not so long ago, when denaturalization was regarded as a drastic measure, used only against Nazi war criminals who had tried to conceal their past in order to enter the United States. Now, in Donald Trump's America, it is no longer necessary to be a Nazi to lose citizenship. Now ordinary naturalized US citizens can do this too - and very likely will - if they have the "wrong" ancestry or skin color.

    But that is only the first prong of Trump's very likely upcoming assault on non-white American citizens The second, and even more potentially devastating prong of this attack is aimed at taking away birthright citizenship from millions of Americans by overturning or promoting an utterly bogus interpretation of the leading US Supreme Court case upholding birthright citizenship, US v. Wong Kim Ark 169 U.S. 649 (1898).

    Most recently, this attempt, which immigration restrictionists have been making in one form or another for many years, appears in a Washington Post column by a former Trump White Hose adviser with an anti-Muslim history, Michael Anton. See:

    https://www.rawstory.com/2018/07/dar...n-citizenship/

    I will discuss the Wong Kim Ark case in more detail in an upcoming comment. We are sure to be hearing more egregiously distorted interpretations of this landmark case, on which the entire foundation of America's birthright citizenship rests and is therefore one of the most important (and least understood) Supreme Court cases in our entire history, coming from Trump's white supremacist supporters in the very near future.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

    Updated 07-19-2018 at 08:46 PM by ImmigrationLawBlogs

  4. While Trump Grovels to Putin, Attacks on Non-White Immigrants Continue; Two USCIS Memos Threaten Future of Legal Immigration. Roger Algase

    The following comment has been revised as of July 17 at 10:06 pm.

    Donald Trump's obsequious "Thank You" to Vladimir Putin in Helsinki for election favors rendered (as alleged in the latest Mueller indictments of Russian agents), has earned him scathing condemnation across the spectrum of opinion in the US, including many of his own strongest supporters - even at Fox News, according to the latest reports. Even the word "treason" has appeared in some of the comments, and not only by liberal Democrats.

    While Trump's widely condemned groveling before the Russian tyrant, and what this may or may not mean for the world order and America's security are far beyond the scope of these comments, one cannot overlook the contrast between Trump's meekness in the face of a powerful foreign dictator who America's own intelligence professionals suspect may have caused incalculable damage to our election system and the functioning of our democracy on the one hand, and his savagery toward some of the most vulnerable and powerless people of all in American society- namely brown-skinned immigrants from what Trump has called "shithole countries" - and their even more vulnerable and defenseless children - on the other.

    In the face of the debacle caused by his kowtowing to the Russian dictator, will Trump go back to doing what he does best - demonizing, scapegoating and terrorizing immigrants who are not from "Countries like Norway" in order to divert attention away from his humiliating meeting with Putin and bolster the image of himself as America's Strongman?

    There are many signs that he will. Immigrant advocacy group America's Voice warns, for example, that after his "historically disastrous summit in Helsinki", Trump may try to recover by renewing his attacks on immigrants. According to the organization's Managing Director Pili Tobar, Trump's:

    "...playbook is as predictable as it is cynical, distract from the administration's harmful and dangerous actions by attacking immigrants and using fear-mongering as a diversion."

    http://bit.ly/2NljhJo

    Already there are signs that at least one commentator over at Trump's favorite mouthpiece, Fox News, is losing no time in following this strategy of diversion and demonization against a vulnerable immigrant - and American - group, namely Mexicans.

    alternet.org quotes Fox News' Tucker Carlson as trying to equate Americans of Mexican descent voting legally on US elections with illegal Russian interference as follows:

    "Some do it more successfully than Russia like Mexico, which is routinely interfering in our elections by packing our electorate."

    https://www.alternet.org/news-amp-po...attack-mexican

    In addition to this openly racist attack on Mexicans and Mexican Americans coming from a news outlet which is normally so pro-Trump that some have compared it to official state news organizations in dictatorships, the Washington Post reports that House Republicans are now busy boosting a plan to provide more money to the tune of $5 billion for Trump's favorite method of demonizing Mexican and other brown immigrants - his border Wall.

    https://www.sfgate.com/news/article/...l-13083100.php

    And no matter how weak he may have been in his meeting with Putin, Trump is not afraid to project his twisted idea of "strength" by overseeing horrific abuses of immigrant children who were (or in some cases still are) separated from their parents in detention, as the Huffington Post reports:

    https://www.huffingtonpost.com/entry...b0de86f485ade8

    However, in one respect, comparing Trump with the Russian tyrant toward whom America's president is showing such great friendship and admiration is entirely justified in the context of America's legal immigration system. This is shown by the two latest USCIS memos relating to processing of petitions and applications for legal immigration benefits.

    These two memos together eliminate any vestiges of objectivity, fundamental fairness or due process of law which may now exist in the adjudication of either employment-based or family-based immigration petitions or applications, and instead turn the entire USCIS agency into a funnel for deportation.

    Instead of conducting legal immigration according to the rule of law and the clear intent of Congress, USCIS has now, acting entirely on its own, in effect made Donald Trump into the Vladimir Putin of America's legal immigration system, which is now threatened with destruction so far as any resemblance to the principles and procedures of democracy and a free and open society are concerned.

    With just two memos, issued without any Congressional sanction, hearings or input from America's elected representatives, USCIS has been transformed from an agency dedicated to carrying out the purpose of this country's laws relating to legal immigration which have been in effect for most of the past half century.

    Instead this agency is being turned into just another cog in a machine for carrying out Trump's authoritarian agenda of basing America's immigration system on the doctrine of white supremacy - or to put it in Trump's own words, as reported on January 11,"Countries like Norway."

    To be continued in my upcoming comment.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

    Updated 07-18-2018 at 07:23 PM by ImmigrationLawBlogs

  5. Trump Didn't Begin Private Immigration Prison Abuses Such as Using EPA Toxic Site. But he is Making Them Worse. Will Kavanaugh Help Him? Roger Algase

    Donald Trump has not hesitated to engage in the wildest forms of myth making and fantasy about the supposed differences between his regime and the administration of President Barack Obama, whom he accuses of having allowed "criminal" immigrants to "pour into" the United States through "open borders" policies.

    http://www.chicagotribune.com/news/o...629-story.html

    But when in comes to horrific abuses against immigrant detainees, Trump is firmly in the tradition of his two immediate predecessors, Presidents Obama and G.W. Bush, at least with regard to up to almost 1.500 immigrant detainees being held at a prison at a dangerous EPA toxic Superfund site in Tacoma, Washington which was initially opened in 2004,

    as ThinkProgress reports on July 13.

    https://thinkprogress.org/superfund-...-75ff16ad20d9/

    This article gives an idea about exactly how much care Donald Trump and his two immediate predecessors have been showing for the health and safety of immigrant detainees:

    "The detention facility, which essentially serves as a prison, is located within a Superfund site - the designation given to areas contaminated by hazardous waste and selected by the EPA for cleanup due to the danger they pose to both human health and the environment."

    The report continues:

    The facility is located within the Tideflats, and industrial district within Tacoma. For years, fossil fuel development polluted the soil around the area, prompting the EPA to take action almost 30 years ago. The area is still heavily polluted and is deemed unfit for residents."

    And also:

    "Comments given to the city of Tacoma regarding regulations for the Tideflats in 2017 reveal residents have detected strong smells in the area along with side effects like burning eyes and throats. The soil in that area contains hazardous substances that can cause cancer and other diseases.

    Such complaints go back years, but the Northwest Detention Center opened nonetheless in 2004, despite safety concerns. Both a methanol plant and a liquified natural gas facility are located near the facility."

    But environmentally related complaints are not the only ones that have been made against this immigration prison. The above report also states:

    "Residential construction is banned in the area and accusations of sub-par food and medical treatment have prompted more than a dozen hunger strikes over the years from detainees, according to CNN."

    According to this report, the private prison company GEO, which runs this particular hell-hole and many other private immigration prisons through the country, is also being sued for allegedly using detainee slave labor at the Tacoma facility. And since GEO also happens to be the largest company in America engaged in the private immigration prison business, it is instructive to see how both Trump and his immediate predecessor have handled the use of private prisons to detain immigrants.

    To no one's surprise, President Obama's administration tried to put at least some breaks in the use of private prisons to detain immigrants, but business for GEO and other similar companies is expanding under Donald Trump. See a November 21, 2017 NPR story:

    Big Money As Private Immigration Jails Boom

    https://www.npr.org/2017/11/21/56531...ant-jails-boom

    But locking up thousands of Central American and other brown immigrants in inhuman conditions which, as the above ThinkProgress article also points out, have been condemned by numerous human rights organizations, isn't just good business.

    Shouldn't it also be fun?

    Especially at one of Trump's Florida golf resorts, where GEO executives - and warders - this is a democratic country after all - celebrated a lucrative new private immigration jail contract from the Trump administration last October.

    https://www.denverpost.com/2017/10/2...-trump-resort/

    One can also assume that while the private immigration prison moguls and their favorite jailers enjoyed their golfing and feasting at Trump's resort, the quality of the food was better than the maggot-infested food that GEO allegedly provided to detainees at the Tacoma, Washington prison, according to the above ThinkProgress article.

    This raises the question whether Trump's latest Supreme Court appointee, D.C. Circuit Judge Brett Kavanaugh, will take the side of the immigrant victims of these abuses if their lawsuits, present or perhaps future, against ICE and/or the private prison barons ever reach the High Court; or whether he will take the side of the abusers and human rights violators against the victims, just as he did in a dreadful 2009 Circuit Court decision denying Iraqi torture victims relief against US military contractors at the notorious Abu Ghraib prison during the G.W. Bush administration.

    I have recently written about this terrible decision in more detail in my July 13 comment in Immigration Daily. See:

    http://blogs.ilw.com/entry.php?10701

    Roger Algase
    Attorney at Law
    algaselex@gmail.com





    Updated 07-16-2018 at 06:51 PM by ImmigrationLawBlogs

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