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Blog Comments

  1. JDzubow's Avatar
    I am not as pessimistic as Nolan about this - I do not think Trump will be able to push millions of cases into expedited removal. I do think many aliens will be able to show that they have been in the US more than 90 days, and so I doubt expedited removal will make a big dent in the undocumented population. Take care, Jason
  2. ImmigrationLawBlogs's Avatar
    Nolan refers to the use (by the 4th Circuit and other federal courts) of Trump's campaign statements showing obvious and open hostility toward Muslims because of their religion as "character assassination". How could quoting the president's own exact words be construed as "character assassination" (unless Nolan means to say the the president is "assassinating" his own character)?

    One could also mention, as Nolan does not, that it is not only Trump's pre-election statements which any reasonable person (or judge) would conclude show intense animosity to all Muslims, not just those who support terrorist groups, but also his actions as president in appointing openly Islamophbic advisers such as Michael Flynn, Steve Bannon and Steve Miller, among many other similar actions one could mention.

    Closing one's eyes to the obvious reality of Trump's animosity toward Muslims in general, and his evident belief that their religion itself is a danger to the United States, or at least is inconsistent with US values and ideals (an only slightly less obvious form of religious bigotry - many Americans used to say the same thing about Jews and Catholics, and a few still do), with all of these negative implications for the constitutional rights of millions of Muslim US citizens to the free exercise of religion, is not the way to preserve an independent court system - or a democracy.

    Roger Algase
    Attorney at Law


    Updated 07-28-2017 at 08:43 AM by ImmigrationLawBlogs
  3. ImmigrationLawBlogs's Avatar
    Jason Says, "Perhaps the Trump Administration hopes to “fix” these problems by making it easier to deport people. The Administration has floated the idea of reducing due process protections for non-citizens. Specifically, they are considering expanding the use of expedited removal, which is a way to bypass Immigration Courts for certain aliens who have been in the U.S. for less than 90 days. But most of the 11 million undocumented immigrants have been here much longer than that, and so they would not be affected. Also, expansion of expedited removal would presumably trigger legal challenges, which may make it difficult to implement."

    How easy do you think it is going to be for aliens in expedited removal proceedings to persuade an ICE enforcement officer that they have been in the US for more than two years? They are in mandatory detention and are not allowed to have legal representation. How do you think they are going to gather the documentary evidence they will need? They won't be able to produce witnesses. There won't be a hearing for testimony of any kind. And they are going to be held at large detention centers that will be spread across the country. They may not even be entitled to notify friends or relatives that they are being detained, let alone telling them where they are being detained. And they may not be allowed any visitors even if friends or relatives manage to locate them.

    As for legal challenges, the Immigration and Nationality Act (INA) limits expedited removal proceeding legal challenges to cases in which the alien can establish lawful status, e.g., that he is a citizen or an LPR. The only way to stop challenge the proceedings themselves would be to challenge the constitutionality of the expedited removal proceedings provisions in the INA, and that will be much more difficult than using character assassinations based on campaign statements to establish that an executive order Trump issues is based on religious discrimination.

    The reason for this is that IRRIRA, the Act that established the proceedings, also established a statutory definition for entry, i.e., lawful admission. This means that undocumented aliens in expedited removal proceedings have not entered the US. They wouldn't be undocumented if they had made a lawful entry. And the Supreme Court has defined due process for aliens who have not entered the US yet to be whatever Congress chooses to give them, which in this case is expedited removal proceedings.

    I predict that Trump will give the bum's rush to millions of undocumented aliens during his presidency, and millions more if he gets a second term or another enforcement minded republican follows him.

    And, this will fix the backlog crisis in the immigration courts. Trump will have the aliens in removal proceedings shifted to expedited proceedings and the backlog crisis will disappear.

    Nolan Rappaport

    Updated 07-27-2017 at 10:05 PM by ImmigrationLawBlogs
  4. ImmigrationLawBlogs's Avatar
    Arguably, with all the restrictions and limitations on Trump's Muslim ban orders that have been imposed by the federal courts, including the Supreme Court, one might say that the ban has now shrunk to the size where one could drown it in a bathtub.

    But, beyond the almost theater of the absurd technicalities of whether a given applicant for a visa or admission to the US is a grandparent, in-law or step-relative to a US citizen, and therefore either banned from or allowed to enter the United States during the next three months, one can also argue that Trump has already accomplished the main purpose of his ban, which is to demonize and stir up hatred against all Muslims as potential terrorists and fifth columnists including US citizens and permanent residents, as part of his drive to seize absolute power in the United States, just as another democratically elected leader (also with a minority of the popular vote) did in 1933 by using the Jews as his scapegoats.

    Of course the details of Trump's ban are important to people from the six Muslim countries who are seeking entry to the US, and to refugees from all over the world, many of whom are also Muslims.

    So, no doubt, were the details of the Nuremberg laws important to Jews of Germany in 1936.

    But all Americans need to go beyond the details of the president's ban orders and the minutiae of the court decisions regarding them, in order to focus on their larger purpose.

    In this regard, even though no one could reasonably accuse Trump of supporting genocide, extermination, or anti-Semitism, there are lessons from the 1930's period in Germany that no American who cares about preserving our democracy can ignore.

    Roger Algase
    Attorney at Law
    Updated 07-06-2017 at 10:44 AM by ImmigrationLawBlogs
  5. ImmigrationLawBlogs's Avatar
    The details are important of course, but the larger message behind the Muslim ban (which is the only accurate description of Trump's order) is threefold:

    1) Muslims, and by extension all racial/religious minorities, are fair game for discrimination and demonization in Donald Trump's America;

    2) The highest Court in the US, unlike the more courageous lower courts, is reluctant to stand in the way of the president's grab for absolute power over immigrants first, and then Americans next; and,

    3) The Supreme Court, at least for the time being, is willing to tolerate or turn a blind eye toward openly fraudulent, deceptive and bad faith arguments made by the administration in court in order to misrepresent the personal animus by the president against followers of a religion which he disfavors and holds in contempt.

    Yes, the above are strong words. Can anyone say in good faith that they are not justified?

    Roger Algase
    Attorney at Law
    Updated 06-27-2017 at 11:59 AM by ImmigrationLawBlogs
  6. ImmigrationLawBlogs's Avatar
    Interesting article. I am glad to see someone looking at our refugee program from different perspectives. I will add another one. Almost always a good idea when it comes to evaluating immigration policies.

    "
    What is the United States accomplishing with its refugee program?" http://discuss.ilw.com/content.php?5...olan-Rappaport

    Nolan Rappaport
    Updated 06-15-2017 at 05:42 PM by ImmigrationLawBlogs
  7. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by JDzubow
    I appreciate that perspective - and your article. However, it does not address the main point of my piece above, which is that the US government lied to the Supreme Court about the threat posed by Japanese Americans. Had that information been know, perhaps the Court would have ruled differently. Maybe not, but we will never know. The problem is when one branch of government (executive) effectively subverts another, it damages our democratic system and - in the case of Japanese Americans during WWII and Muslim Americans today - threatens our liberty. Take care, Jason
    You are right. I was reacting to more to Roger's comments than to your article. I should have been more careful about what I said.

    But I do have concerns about your article. i worked for the Intelligence and Analysis Office of DHS for two years as a policy advisor, which gave me a good understanding of our classified information system. The information involved in the decision making process for the Japanese internment was highly classified information, particularly while the war was going on. And the classified status would have continued until someone with the authority to do it declassified it. If that never happened, it could still be classified. I don't know.

    This means that anyone revealing the information would have been subject to being prosecuted for a serious felony, and if it is still classified, that is still true.

    I do not know the rules on what the gov't had to release to the courts or the supreme court, but I am absolutely sure that they did not release any more than they had to.

    In other words, you have produced evidence that information indicating that the internment wasn't justified was withheld, but I don't know why it was withheld or whether it would have been significant if all of the information the interment decision was based on was revealed. It might have been withheld because it was classified....or because it would have revealed the sources of the classified information.

    The bottom line is that our gov't, particularly our president, has to make decisions based on classified information that can't be revealed. And this is particularly true during a war.

    The following material was taken from Obamas Executive Order 13526 on classified information.
    https://www.gpo.gov/fdsys/pkg/FR-201...f/E9-31418.pdf


    d) The unauthorized disclosure of foreign government information is pre-
    sumed to cause damage to the national security.


    Sec. 1.2. Classification Levels.

    (a) Information may be classified at one of
    the following three levels:


    (1) ‘‘Top Secret’’ shall be applied to information, the unauthorized disclo-
    sure of which reasonably could be expected to cause exceptionally grave
    damage to the national security that the original classification authority
    is able to identify or describe.


    (2) ‘‘Secret’’ shall be applied to information, the unauthorized disclosure
    of which reasonably could be expected to cause serious damage to the
    national security that the original classification authority is able to identify
    or describe.


    (3) ‘‘Confidential’’ shall be applied to information, the unauthorized disclo-
    sure of which reasonably could be expected to cause damage to the national
    security that the original classification authority is able to identify or
    describe.

    Nolan Rappaport
  8. JDzubow's Avatar
    I appreciate that perspective - and your article. However, it does not address the main point of my piece above, which is that the US government lied to the Supreme Court about the threat posed by Japanese Americans. Had that information been know, perhaps the Court would have ruled differently. Maybe not, but we will never know. The problem is when one branch of government (executive) effectively subverts another, it damages our democratic system and - in the case of Japanese Americans during WWII and Muslim Americans today - threatens our liberty. Take care, Jason
  9. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    As I was writing the above, the news has just broken that the full 4th Circuit Court of Appeals has just upheld the lower court's order blocking Trump's six country Muslim ban order.

    In the brief summary of that decision which I have seen so far, the Court held that while the president's power to ban immigrants is extensive, it is not absolute.

    In other words, Donald Trump is a president, not a king, when it comes to immigration policy.

    Roger Algase
    Attorney at Law

    Please read the entire decision, including the dissenting views, before you decide whether to accept Roger's conclusion.

    Roger's comments on Trump remind me of the joke about the Pope's hat.

    The Pope is on a yacht fishing with Trump when his hat blows off and falls into the ocean. The Pope orders one of his guards to jump in a fetch it. Trump stops the guard and says, "Let me do it.' Trump then hops off the yacht and walks across the water to pick up the hat and then walks it back to the yacht.

    The next day, the news media reports, "Trump can't swim!"

    Nolan Rappaport
    Updated 05-25-2017 at 04:47 PM by ImmigrationLawBlogs
  10. ImmigrationLawBlogs's Avatar
    For a different perspective on the Japanese internment, see my article, "Why did the United States put more than 70,000 Japanese American citizens into internment camps during World War II?" (July 21, 2016),http://discuss.ilw.com/content.php?6...camps-during-W

    Nolan Rappaport
  11. ImmigrationLawBlogs's Avatar
    As I was writing the above, the news has just broken that the full 4th Circuit Court of Appeals has just upheld the lower court's order blocking Trump's six country Muslim ban order.

    In the brief summary of that decision which I have seen so far, the Court held that while the president's power to ban immigrants is extensive, it is not absolute.

    In other words, Donald Trump is a president, not a king, when it comes to immigration policy.

    Roger Algase
    Attorney at Law

  12. ImmigrationLawBlogs's Avatar
    The lies being put forward by the Trump administration in support of its Muslim ban not only bring back the reminders of the infamous Korematsu decision, but also of the equally infamous Supreme Court Chinese exclusion case, Chae Chan Ping (1889) and the bigoted racial exclusion laws which were the basis of America's immigration policy at that time, and to which we owe the Plenary Power doctrine which the DOJ is relying on as hoped for protection against having the courts look into closely into the administrations argument to support the president's latest version of his Muslim ban executive order.

    The DOJ's arguments before the 4th and 9th Circuits that the Muslim ban somehow is not really a Muslim ban run so far afoul of the good faith requirement for government actions barring immigrants set forth by the Supreme Court in Kleindienst v. Mandel (1972), that, as I have suggested in my own recent ilw.com comments, they could arguably amount to a fraud upon the court.

    Roger Algase
    Attorney at Law
    Updated 05-25-2017 at 02:32 PM by ImmigrationLawBlogs
  13. JDzubow's Avatar
    Thank you for the comment - I will look for the article. I don't have a problem with enforcing the law, but I do think it is helpful for people to know what is going on, and there are a lot of rumors these days. Also, the idea that non-criminal asylum seekers should be detained is worrying many people. As far as I can tell, that is not happening, and even if there is more expedited removal, it should not happen (unless the ICE agents violate the law). Take care, Jason
  14. ImmigrationLawBlogs's Avatar
    Jason, I understand your concern, but I think you are judging Trump against Obama's enforcement policies. Under Obama, ICE officers needed special permission to arrest a deportable alien who was not in one of the priority categories. Although Trump has enforcement priorities too, ICE officers are allowed to arrest any deportable alien they choose to arrest. I suspect ICE officers who haven't made many arrests of priority aliens will be padding their figures by arresting aliens who are not priorities.

    Is that wrong? Only if you think the immigration laws shouldn't be enforced, and many people do feel that way. Trump, however, is not one of them, and neither will the officials in his administration...if they don't want to hear, "You're fired!"

    But the situation actually is much worse than this policy change indicates. If you look at Trump's executive orders, you will see that he is going to use the full statutory reach of expedited removal proceedings, which will make it possible for him to deport millions of noncriminal aliens without a hearing before an immigration judge.

    I explain in more detail in an article I just wrote that the Hill is supposed to publish tomorrow morning.

    Nolan Rappaport
  15. JDzubow's Avatar
    I think the point of my article is that the EOs do very little. The rhetoric surrounding the EOs is designed to frighten people. Given the level of fear, I do not think it is a fair comparison to speeding tickets. Plus, many people who are not breaking the law in any way--such as many asylum seekers--are being terrorized as well. Thank you for the comment, Jason
  16. ImmigrationLawBlogs's Avatar
    If by "terrorist tactics" you mean making people here illegally fear deportation, I think you are absolutely correct. That is what Trump is trying to do. But isn't that the objective of all law enforcement measures? Police ticket a small percentage of the people who drive too fast on the highways hoping to make the rest of the drivers afraid to speed for fear of getting a ticket too.

    Obama did the opposite. He gave the world the impression that once an undocumented alien has crossed our border and reached the interior of the country, he is "home free." He doesn't have to fear deportation unless he is convicted of a serious crime. For a more complete explanation, see my article, "With Obama's immigration legacy, Trump inherits 'home free magnet' (December 28, 2016),
    http://thehill.com/blogs/pundits-blo...erits-our-home


    Nolan Rappaport
  17. ImmigrationLawBlogs's Avatar
    Muslims are not the only people being terrorized by Trump's executive orders.

    I am getting more than my share of calls from legal immigrants who are neither Muslims nor from the parts of the world affected by Trump's orders, but who are still terrified to travel outside of the United States for fear of not being able to get back in.

    Roger Algase
    Attorney at Law
  18. JDzubow's Avatar
    I will publish a post about that shortly...
  19. Adam104's Avatar
    what happen to those who are already in the state seeking asylum does this have any effect on them ?
  20. ImmigrationLawBlogs's Avatar
    If immigrant-hating Jeff Sessions, who is being opposed for confirmation by over 1,100 law school professors in every state in the union that has a law school (only Alaska does not), becomes the next Attorney General, as appears likely, opponents of all immigration from outside Europe who would like to return to the whites-only immigration patterns that existed before 1965 (which Sessions also wants to do according to his January 2016 immigration proposal to the 114th Congress), may soon be dancing over the corpse of America's entire legal immigration system.

    See my January 3 post:

    http://blogs.ilw.com/entry.php?9619-...G-Roger-Algase

    Roger Algase
    Attorney at Law
    Updated 01-05-2017 at 06:40 AM by ImmigrationLawBlogs
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