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  1. Trump's Claim That His Inhuman Child Separation is Only Following Law Draws Outrage and Criticism - Including From Melania Trump. Roger Algase

    Update, June 18 at 1:21 am:

    Melania Trump is no longer the only first Lady who has spoken out in horror against Donald Trump's child separation policy. Late on June 17, Laura Bush published a Washington Post oped denouncing this action as "cruel" and "immoral" She also compared it to the interment of Japanese-Americans during WW2.

    Meanwhile, The Hill refers to media reports that some of the separated children are being kept in "cages". For both stories, see:

    http://thehill.com/blogs/blog-briefi...icy-as-immoral

    Some of Trump's defenders have attempted to dismiss the storm of anger and outrage against this deliberate, vindictive cruelty against young children and their parents for the "crime" of "EWL" - entering the United States while Latino - which is the real reason they are being prosecuted - as only partisan attacks by Democrats.

    Based on my own research, I have not been able to find any evidence that either Melania Trump or Laura Bush are, or ever have been, connected with the Democratic party.

    My original comment follows:

    The storm of outrage and anger over Trump's barbaric family separation policy at the US border as a means of state terror and vindictiveness against Central American families who try to pursue their legal right to apply for asylum at the US border under a 2008 federal law which Trump loathes but which is still the law of the land continues to grow.

    General Michael Hayden, a former CIA chief, has compared Trump's child separation policy to what the Nazis did at Auschwitz.

    http://www.dailymail.co.uk/news/arti...i-Germany.html


    Admittedly this comparison may be somewhat extreme, because Trump obviously does not even remotely contemplate instituting gas chambers or mass murder.

    But Trump's child separation policy involves the same kind of dehumanization of a targeted population that, in the case of the Nazis, ultimately led to the horrors of the concentration camps and death camps.

    Nor is it an accident that Trump not only pardoned, but has consistently praised and endorsed former Arizona sheriff Joe Arpaio, who has bragged about holding Latino immigrants in concentration camp like conditions.

    A comparison of Trump's hideously brutal and sadistic child separation policy to Auschwitz certainly goes too far, but it contains at least a germ of truth. Even that one germ of truth should be saddening, and frightening, for all Americans.

    Trump and Jeff Sessions, his chief accomplice in instituting this inhuman policy of deliberately causing as much mental torment as possible to the asylum-seeking parents and their terrified, in some cases still infant children, are attempting to defend the policy by claiming that they are just following the law.

    Not so, says ABA President Hilarie Bass in a May 30 statement, which includes the following:

    "Separating children from their parents not only violates due process, it is antithetical to the very human values on which this country was founded and sets a terrible example for the rest of the world. It should be stopped immediately."

    https://www.americanbar.org/news/aba...f_hilarie.html

    And amid the growing anger and condemnation coming from America's religious leaders across a wide range of faiths, the following joint statement by the Revs. William J. Barber II, a North Carolina pastor and Liz Theoharis, a Presbyterian minister from New York, stands out. Referring to Sessions' use of a Bible quote to try to defend his policy, they said:

    "...any politician who supports his position is an accessory to these crimes against children and humanity."

    http://www.latimes.com/nation/la-na-...615-story.html

    But arguably the most damning criticism of all of Trump's inhumanity, even though, for obvious reasons, it was couched in gentler language than the above, came from Trump's own wife Melania Trump.

    This is her statement, as reported on June 17:

    "Mrs. Trump hates to see children separated from their families...She believes we need to be a country that follows all laws, but also a country that governs with heart."

    https://www.cnn.com/2018/06/17/polit...ion/index.html

    Though the above is politely phrased, it is obvious that America's First Lady is here accusing her own husband, the president of the United States, of pursuing a heartless policy. Has anything like this ever happened before in American history?

    However, in one very fundamental respect, the deliberate cruelty that Trump is showing toward children whose ethnicity and skin color does not fit in with his own vision of what America should look like is far from being new in this country's history. I will have more to say about this in my next comment on this topic.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

    Updated 06-18-2018 at 12:21 AM by ImmigrationLawBlogs

  2. Trump Holds Terrified Latino Children Hostage to Goal of Ending Family, Diversity Visas. Anti-Family Racism Recalls Asian Exclusion Laws. Roger Algase

    This comment has been updated as of June 17 at 2:19 pm:

    Earlier this year, Donald Trump caused widespread outrage over his attempt to hold Dreamers hostage to his agenda of eliminating legal visas for immigrants who come mainly from non-white parts of the world, including extended family green cards and diversity lottery green cards, as well as obtaining funding for his authoritarian border wall as a symbol of rejection of mainly Mexican and Latin American immigrants.

    Now, according to a June 15 Washington Post story, Trump is taking this cynical strategy one step further by vowing to continue his viciously cruel policy of child separation at the US border, unless Congress agrees to eliminate these two legal visa programs, which have nothing whatsoever to do with the asylum law issues which Trump's horrendous family separation diktat is ostensibly meant to deal with, but have enabled tens of millions of Asian, African and Latin American immigrants, not only Europeans, to immigrate to the US legally during the past several decades.

    See:

    Trump claims policy of separating families offers him leverage in immigration talks.

    (Sorry, I do not have a link available. Please go to Google to access.)

    See also

    GOP fears midterms backlash from breaking up families at the border

    https://www.aol.com/article/news/201...rder/23460784/

    The very thought that America now has a president who could even imagine using young screaming, terrified children, including, reportedly, a baby who was torn away from a breastfeeding mother by ICE or CBP agents, as a means of pressure to force Congress to change the law in order to cut down on non-white legal immigration, has not only shocked the conscience of US religious leaders across the spectrum of faiths, even including Trump's strongest evangelical supporters, as NPR reports:

    https://www.npr.org/2018/06/16/62065...ren-from-paren

    but it takes America to a new low in its history of persecution of immigrants belonging to targeted racial/religious minorities.

    Even in the time of the Chinese exclusion laws, which would well be called the mother of all of America's racial exclusion immigration policies, and which Trump's attacks on African, Middle Eastern and Latin American immigrants in particular are so clearly based on, families seeking entry to the United States were kept together, to the best of my knowledge of that history.

    And in a more recent period of legalized US bigotry against a non-white population, namely the infamous WW2 Japanese internment, I am not aware that there was any policy of separating children from their parents.

    However, as will be shown in derail in mt next comment on this issue, the Trump administration's rigid insistence, amounting almost to an obsession, with ending the diversity visa lottery and making drastic cutbacks in Africa, Asia and Latin America - friendly family-based legal immigration, which Trump mendaciously blames for crime and terrorism without the slightest evidence, is a return to the spirit of the openly racist Chinese and other Asian exclusion laws of the late 19th and early 20th centuries, as well as 1920's legislation excluding non-white immigrants as discussed in more detail below in a Columbia University (2014) Ph.D thesis by Mr. Yuki Oda entitled:

    Family Unity in US Immigration Policy: 1921-1978

    But separating young children from their immigrant parents is more than just a return to the open racism of America's immigration system beginning with the 1880's Chinese exclusion laws and continuing until the bigoted, Nordics-only "national origins" immigration act of 1924 (which both Jeff Sessions and Adolf Hitler had such high praise for nine decades apart) was finally abolished in 1965.

    The deliberate, appalling inhumanity toward children as young as 2, 3 or 4, merely because their asylum-seeking parents have the "wrong" skin color and speak the "wrong" language, which the Trump/Sessions/Miller triumvirate of hate are now adopting as their official family separation policy is also typical of fascist regimes. See: aljazeera.com

    American fascism is attacking migrant children

    https://www.aljazeera.com/indepth/op...115856156.html

    I will also have more to say about this article in a forthcoming comment on this topic.

    For this latest form of cruelty and deliberate sadism in pursuit of a racial policy objective, one which, also according to the above news reports, has led to the tearing away of 2,000 young children from their parents in just the past month! America has only Donald Trump and his chief henchman, Jeff Sessions, to blame.

    Because of this atrocity alone, even without reference to the rest of their agenda of demonizing, dehumanizing, banning and expelling millions of immigrants or potential immigrants because of their skin color or religion, the names of Donald Trump and Jeff Sessions, along with Stephen Miller, the white supremacist Svengali making up the remainder of this trio of prejudice and persecution, will go down in history as a disgrace to America and everything this country stands for.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

    Updated 06-17-2018 at 09:02 PM by ImmigrationLawBlogs

  3. Employers Beware – EADs for Hondurans on TPS have been Automatically Extended

    By: Bruce Buchanan, Sebelist Buchanan Law



    USCIS has automatically extended, through January 1, 2019, the validity of employment authorization cards for individuals with Temporary Protected Status from Honduras.

    If your employee has an Employment Authorization Document (Form I-766, often referred to as an “EAD”) with an original expiration date of July 5, 2018 and containing the category code “A-12” or “C-19,” this EAD is automatically extended and the employee may continue to work without a new one (and without a receipt notice) through the end of the automatic extension period, January 1, 2019.

    This automatic extension also covers individuals whose EADs contain the category code “A-12” or “C-19” and a January 5, 2018 expiration date, if those individuals applied for a new EAD during the last re-registration period and have not yet received their new EADs. These individuals may show their EAD indicating a January 5, 2018 expiration date and their EAD application receipt (Notice of Action, Form I-797C) that notes the application was received on or after December 15, 2017, as proof of continued employment authorization through January 1, 2019.

    If this situation occurs for a current employee, in Section 1 of their I-9 form, the employee should:

    • Cross out the “employment authorized until” date in Section 1;

    • Write the date that is 180 days from the date their current EAD expires; and

    • Initial and date the change.

    If you want to know more information on employer immigration compliance, I recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and available at http://www.amazon.com/dp/0997083379.
  4. Domestic abuse decision doesn't change asylum law, just applies it correctly. By Nolan Rappaport


    © Greg Nash

    Whether Attorney General Jeff Sessionsdomestic abuse decision is morally right or not, the criticism of his legal right to issue it is unjustified.

    Asylum applicants have to establish that they are “refugees” as that term is defined by the Immigration and Nationality Act (INA). This requires showing that they are unable or unwilling to return to their own countries because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

    According to TRAC Immigration, as of November 20, 2017, the outcome for an asylum seeker in removal proceedings depended on which immigration judge was assigned to hear his case.

    For the 6,922 asylum seekers whose cases were decided in the San Francisco Immigration Court over the last six years, the odds of denial varied from only 9.4 percent to 97.1 percent, depending upon which judge heard their cases.

    For the 1,233 individuals whose cases were heard by the Newark Immigration Court, the odds of denial ranged from 10.9 percent to 98.7 percent, depending upon which judge heard their cases.

    The following chart shows the percentage point range of denial rates in the courts with the largest judge-to-judge differences in their asylum decisions.



    The Board of Immigration Appeals is responsible for ensuring that immigration laws are applied uniformly, but it has not met this responsibility.

    Sessions is trying to do something about this by reviewing key cases and rendering decisions that provide guidelines for the judges on how they should be deciding their asylum cases.

    Read more at http://thehill.com/opinion/immigrati...ust-applied-it

    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. Trump's Deliberately Sadistic Family Separation Policy Is the Inevitable Result of His Larger War Against All Immigrants of Color. Roger Algase

    Trump's policy of deliberate cruelty and sadism in separating Central American children, some as young as 1 or 2 years old, from their asylum-seeking parents, is causing a growing storm of outrage among Americans who care about this country's values and its adherence to the most basic principles of humanity.

    As political science professor Michael Paarlberg, an opinion writer in The Guardian, describes it aptly in his June 14 column:

    Child abuse is now part of America's official immigration policy

    http://www.theguardian.com/commentis...gration-policy

    "The trauma caused by these separations for their parents and their children is not an unfortunate by-product of a necessary legal process; it is the whole point. It is a punishment designed to be as grotesque as possible in order to scare other migrants."

    For more details on exactly how "grotesque" Trump's separation policy actually is, see New York Magazine:

    Another Glimpse of State Terror in Trump's America


    http://nymag.com/daily/intelligencer...p-arsenal.html

    Nor is the abysmal violation of the most elementary rights in Trump's dehumanizing separation policy (which shows that MS-13 gang members are not the only immigrants whom Trump is regarding as "animals") something new or unexpected. As Professor Paarlberg also points out in his article, this vicious policy as a means of deterring immigration by legitimate asylum seekers has been under discussion by DHS officials for the past one year.

    CNN also points out in a detailed analysis of this issue that the latest family separation atrocity by the Trump administration is part and parcel of Trump's larger war on immigrants, involving using every method possible to reduce or cut off legal as well as unauthorized immigration from non-white parts of the world.

    This includes ongoing attempts to eliminate the diversity visas and certain family immigration categories which have been especially popular with immigrants from non-European parts of the world; attempts to make the H-1B visa which is relied on by many Indian and other Asian professionals, harder to obtain; and imposing additional financial and interview requirements in family-based and employment-based adjustment of status applications, respectively. See:

    https://cnn.com/2018/06/14/politics/...ons/index.html

    In numerous ways, Donald Trump has made clear that he does not want more immigrants of color coming to the US in any category, legal or otherwise.

    If Trump's latest horror at the US border shows anything at all, it demonstrates that his infamous January 11 statement at a White House meeting that he does not want immigrants coming to the US from "shithole" countries, i.e. not only African but other non-white parts of the world, but only wants immigrants from "countries like Norway", i.e. Europe, was not an idle, offhand, remark as his defenders have maintained. It is the foundation of his entire immigration agenda.

    Over 1,000 mainly Latino children, some almost babies, who have been torn away from their parents under conditions which could well leave them scarred for life, have been paying a terrible price for Donald Trump's white supremacist immigration agenda in the past two weeks alone.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

    Updated 06-15-2018 at 06:25 PM by ImmigrationLawBlogs

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