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  1. Trump is Using MS-13 as a Strategy for Attacking Non-White Legal Immigration and Delegitimizing His Opponents, not Fighting Crime. Roger Algase

    Two recent analyses of Trump's attempts to exploit the MS-13 gang issue, one in the liberal site and the other in the far right, pro-Trump Breitbart News, both show that the ultimate goal of attacking MS-13 is not to reduce crime, but to promote the Trump/Stephen Miller agenda of ending the legal immigration system as we know it in order to make vast reductions in immigration from outside Europe.

    At the outset, whether building a wall and cutting off immigration from Central America is really an effective way to combat MS-13 is open to serious question. An article in Time Magazine by Sarah Garland, an independent researcher, states that most MS-13 gang members join only after arriving in the US, out of reaction against a feeling of isolation brought on, in large part, by poor school conditions, and that some gang members are not immigrants at all, but US citizens. She writes:

    "What the police told me they needed most to help them fight the gangs was help for the schools. What they kept getting were immigration crackdowns."

    Moreover, at Trump's May 24 Fox News interview, he quickly moved on from the subject of MS-13 to his real target - legal immigration. First he said:

    "We have the worst immigration laws in the entire world by far."

    Really? Worse than Myanmar, which is conducting genocide against its Rohingya population? Worse than North Korea? Worse than Robert Mugabe's Zimbabwe, which has expelled its white farmers?

    Then Trump continued with a call to eliminate two visa programs which have nothing whatsoever to do with MS-13 or with crime at all, but have been responsible for enabling tens of millions of legal, law-abiding, productive, tax-paying immigrants from all over the world, including Europe but in large part from Asia, Africa and Latin America, to come to the United States in the past several decades - extended family immigration - which he calls by the degrading and insulting term "chain migration, and the Diversity Visa lottery. quotes Trump as follows:

    "A lottery is ridiculous as you know...I mean, they take people from a lottery - where you can imagine these countries our putting their finest in the lottery - so I don't like the lottery. Chain migration is a disaster. You look at what;s going on where, somebody comes in whose bad, and yet they'll have 24 members of a family who - not one of them do you want in this country. So chain migration is terrible."

    See:, May 24,

    Stephen Miller is pushing Republicans to run against MS-13 in the midterms.

    (Sorry - I do not have a direct link - please use Google.)

    The only appropriate way to describe this comment, which Trump was not making for the first time, is that it is nothing but pure demagogic fiction. Foreign governments have nothing to do whatever with deciding who applies for a diversity lottery visa. Applicants selected in the diversity lottery are subject to the same criminal and security background checks as all other immigrants to the United States.

    And Trump's fantasy that a radicalized Muslim immigrant who killed eight people on a New York City attack last October had sponsored 24 relatives for green cards was so absurd that even Mark Krikorian, head of the restrictionist Center for Immigration Studies, which has a long history of trying to reduce all forms of immigration and generally supports Trump on this issue, said that his claim was impossible.

    But this was not all. Trump then went on to blame the Democrats for immigration laws which, in Trump's view but without any foundation aided MS-13:

    "We have the worst immigration laws in the world by far. Other countries laugh at us. And it's because of the Democrats. It's because of Chuck Shumer and Nancy Pelosi."

    And then, Trump's punch line:

    "The Democrats are sticking up for MS-13. You heard Nancy Pelosi the other day, like, trying to find all sorts of reasons why they should be able to stay."

    This last absolutely baseless accusation, as neither Pelosi nor any other Democrat has ever said that MS-13 immigrants should be allowed to stay in the US, or anything anywhere close to that, is the typical language of dictators the world over.

    If the party that happens to be in opposition to the leader supports criminals and terrorists, as Trump has accused the Democrats of doing (or supports "communists and Jews", as in Adolf Hitler's accusations; or "capitalists and fascists", as in Josef Stalin's speeches), then it means that democracy itself is to blame and that we should do away with it and set up a dictatorship with the Strongman or Leader in charge of everything.

    Certainly, in Trump's world, if the Democrats are in favor of violent crime, they do not deserve to govern; and maybe anyone, including a US citizen who supports them or protests against Trump in any way belongs in jail (such as the mayor of Oakland, California, for example), or should be deported, as in the case of NFL players who kneel during the national anthem to protest against Trump's racial attitudes and policies.

    But evidence that Trump is using MS-13 to promote an agenda against legal immigration and to discredit his opposition, rather than to fight crime, comes not only from his detractors, but also from some of his strongest supporters, including Breitbart News. See, May 24:

    This article, after quoting an attack by Stephen Miller against Nancy Pelosi for allegedly defending MS-13, immediately switches to reporting on the Trump/Miller campaign against legal immigration, including both "chain migration" [including parents of US citizens -something that Trump didn't object to when his own wife's parents recently arrived in the US with a family-based visa - which Trump now wants to cancel for all immigrants from less white parts of the world than Eastern Europe].

    Breitbart quotes Miller as saying that merely enforcing existing immigration laws is no longer enough - they need to be changed to eliminate "special interest loopholes" (such as those which allow millions of Africxan, Asian and Latin American relatives of US citizens to join their families here).

    The Breitbart article then launches into an assault on the H-1B visa, claiming that it takes thousands of "coveted, high-paying, U.S. white-collar jobs every year away from US workers."

    The article doesn't explain how this fits in with Trump's claim that the reason that he wants to eliminate extended family immigration and the Diversity Visa lottery is to promote "merit-based immigration."

    Keeping well-educated, highly skilled immigrants, such as H-1B specialty workers, out of the United States doesn't exactly sound like encouraging "merit-based" immigration. But it certainly would help to accomplish Trump's and Miller's goal of making America whiter.

    But the danger to the non-discriminatory, race and religion neutral, legal immigration immigration system that America has had for the past half century - one which, at least in principle, gives fair and equal opportunity to immigrants from every part of of the world to qualify, regardless of ancestry, creed or skin color, goes not end there. Breitbart News informs us:

    "Miller tells Breitbart News that 'there is more to come' on the reform package currently being worked on by the Trump administration. The plan is being devised by Lee Francis Cissna, the director of the United States Citizenship and Immigration Services (USCIS) Agency."

    When Stephen Miller says that there is "more to come" in dismantling America's legal immigration system, it is quite appropriate to believe him. But is is not only the survival of this country's immigration system which severely threatened in Donald Trump's America - it is our democracy itself which is at risk.

    Here are some more nuggets of wisdom from Miller, Trump's top immigration Consigliere, as reported by Breitbart:

    "It is impossible to overstate the extent to which the President of the United States is the leader that fate has correctly put at this moment in time to advocate for the American people and the American nation."

    One cannot help being reminded of another leader who began his road to power almost a century ago, and who was convinced that fate had chosen him to lead his nation and place it above all others in the world - Deutschland ueber alles. to use his own slogan - (while exterminating the Jews).

    And as someone who, like Stephen Miller, is also descended from Jewish immigrants who, in the late 19th and early 20th centuries. found refuge and a better life in America from intolerable persecution in Czarist Russia despite the fervent wish of the nativist immigrant-haters of that day to keep them out,

    I will do my best to avoid describing my personal reaction to seeing someone who shares my own immigrant background siding with those who want to slam America's doors against people who seek to come to America today for the same reasons, and with the same hopes and dreams, as my Jewish immigrant grandparents and Miller's Jewish immigrant great-grandfather did, merely because they may have different ancestry, religion or skin color from the majority of Americans today; just as Jewish immigrants were once considered to be different from the great American majority when Miller's great-grandfather arrived here.

    I will leave it to readers to guess what my reaction must be.

    Roger Algase
    Attorney at Law

    Updated 05-25-2018 at 10:02 PM by ImmigrationLawBlogs

  2. Trump Rejects Compromise on Cutting Non-White Legal Immigration and Building Wall; Suggests Deporting Americans Who Oppose His Agenda. Roger Algase

    In a May 24 Fox News interview, Trump dashed any hope of a reasonable compromise on immigration that would try to accommodate the needs of both parties (as well as resolving the dispute between moderate and "conservative" Republicans), and said that he would reject any package that did not include funding for his border wall, elimination of the diversity visa lottery (which has been especially valuable for immigrants from Africa, Asia and Latin America) and sharp cuts in family immigration - a move also designed to reduce immigration from outside Europe.

    As if this were not already authoritarian enough in pursuit of an immigration agenda whose only purpose is to make America whiter, Trump, in a May 24 Fox News interview also suggested that US citizen NFL players who refuse to stand for the national anthem as a protest against his racial policies do not belong in America.

    There could not be a clearer example of how Trump's racially motivated immigration policies cannot be looked at just in isolation, but are instead a key part of a broader movement toward authoritarian rule in America under his administration.

    Roger Algase
    Attorney at Law

    Updated 05-24-2018 at 01:41 PM by ImmigrationLawBlogs

  3. Update on Husband of Army Chaplain Facing Deportation

    by , 05-24-2018 at 09:23 AM (Matthew Kolken on Deportation And Removal)

    Via the Military Times:

    U.S. Immigration and Customs Enforcement has granted a reprieve to allow a Fort Bragg Army chaplain’s husband, who was facing imminent deportation, to remain in country, their attorney said Tuesday.

    ICE decided to release Avila-Rodriguez and allow him to continue residing in the United States under supervision while he and Brown work on getting him legal permanent residency, attorney Patrick Hatch said.

    Click here for more.
  4. A solution to the stalemate on a permanent fix for DACA participants. (Article was posted previously.)

    Trump, Dems can solve the DACA problem by redefining it
    By Nolan Rappaport

    © Greg Nash

    President Donald Trump and Republican congressmen have been trying unsuccessfully to cut a deal with the Democrats that would provide lawful status for the undocumented aliens in the Deferred Action for Childhood Arrivals (DACA) program.

    The negotiations have seemed promising sometimes, such as when Trump offered a legalization program for 1.8 million undocumented aliens with his Framework on Immigration Reform & Border Security, but the Democrats would not agree to the concessions he was demanding in this four-pillar proposal.

    hope the Democrats are not holding out for a DREAM Act like the American Hope Act of 2017, which would have legalized millions of undocumented aliens who came to America as children. I call it “The False Hope Act” in a previous article I wrote about it.

    DREAM Acts have been pending since 2001. The Democrats could have passed one during Barack Obama’s administration. From January 2009 to January 2011, they had a strong majority in the House, and until Scott Brown’s special election in 2010, a filibuster-busting majority in the Senate. But they chose not to do it.

    It might be more productive at this point to put negotiations about DACA and DREAM Acts aside and try a different approach. My suggestion is to work on creating a place in the Special Immigrant Juvenile (SIJ) program for the DACA participants.
    This little-known humanitarian program makes lawful permanent resident (LPR) status available to undocumented alien children in the United States who have been abused, abandoned, or neglected by one or both parents and who should not be returned to their own countries.

    The SIJ Program


    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. Report Reveals that From 2009 to 2014 CBP was Abusing Immigrant Children

    by , 05-23-2018 at 02:07 PM (Matthew Kolken on Deportation And Removal)
    Via the ACLU:

    Documents obtained by the American Civil Liberties Union featured in a new report released today show the pervasive abuse and neglect of unaccompanied immigrant children detained by U.S. Customs and Border Protection. The report was produced in conjunction with the International Human Rights Clinic at the University of Chicago Law School.

    The report is based on over 30,000 pages of documents dated between 2009 and 2014. The documents were obtained by the ACLU Foundation of San Diego & Imperial Counties and the ACLU Foundation of Arizona through a Freedom of Information Act lawsuit co-counseled with Cooley LLP. The documents feature numerous cases of shocking violence and abuse against migrant children, many of whom arrived in the United States fleeing violence in their home countries.

    Examples of the documented abuses include allegations that CBP officials:

    • Punched a child’s head three times
    • Kicked a child in the ribs
    • Used a stun gun on a boy, causing him to fall to the ground, shaking, with his eyes rolling back in his head
    • Ran over a 17-year-old with a patrol vehicle and then punched him several times
    • Verbally abused detained children, calling them dogs and “other ugly things”
    • Denied detained children permission to stand or move freely for days and threatened children who stood up with transfer to solitary confinement in a small, freezing room
    • Denied a pregnant minor medical attention when she reported pain, which preceded a stillbirth
    • Subjected a 16-year-old girl to a search in which they “forcefully spread her legs and touched her private parts so hard that she screamed”
    • Left a 4-pound premature baby and her minor mother in an overcrowded and dirty cell full of sick people, against medical advice
    • Threw out a child’s birth certificate and threatened him with sexual abuse by an adult male detainee.

    Click here to read the report.


    Updated 05-23-2018 at 02:42 PM by MKolken

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