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Blog Comments

  1. ImmigrationLawBlogs's Avatar
    I agree with Roger that legal immigration should be increased to meet the employment needs of American employers and the family unity needs of American citizens and Lawful Permanent Residents. It is unfortunate that the debate over illegal immigration so often covers up those needs.

    Nolan Rappaport
  2. ImmigrationLawBlogs's Avatar
    On the evening of Thursday, January 19, just before what could turn out to be the most tragic day in American history, namely the beginning of the end for America's democracy and of our multi-ethnic, multi-cultural, multi-lingual and multi-religious land of freedom and equality as we have known it for the past 50 years, when Donald Trump. a man who might arguably become the most corrupt and authoritarian chief executive this nation has ever known, will be installed in the White House with the alleged help (according to our intelligence agencies) of Russian hacking and after a resounding and humiliating loss in the the popular vote, New York Mayor Bill De Blasio will be leading a protest at the Trump International Hotel in Columbus Circle (not Trump Tower) along with other celebrities.

    In their protest, the spirit of America's freedom and democracy lives on.



    Roger Algase
    Attorney at Law
    Updated 01-17-2017 at 01:25 PM by ImmigrationLawBlogs
  3. ImmigrationLawBlogs's Avatar
    Congratulations to New York Mayor Bill De Blasio, who will be leading a protest at Trump International Hotel at Columbus Circle (not Trump Tower) together with some other celebrities on the evening of January 19, the night before the person who might arguably turn out to be the most corrupt and authoritarian president in US history to date is installed in the White House with the alleged help of Russian hacking (according to our intelligence agencies) and after a resounding and humiliating loss in the popular vote.

    In the protest at Columbus Circle, the true democratic spirit of the real, multi-racial, multicultural, multilingual America of religious freedom, all of which core American values could well be under attack by Trump's coming immigration policies, lives on. See:

    See also:

    Roger Algase
    Attorney at Law
    Updated 01-17-2017 at 09:57 AM by ImmigrationLawBlogs
  4. ImmigrationLawBlogs's Avatar
    We all owe Mr, Rappaport a great debt of gratitude for his incisive and comprehensive articles about the various challenges involved in kicking immigrants out of America or stopping them from getting in.

    This may seem a little out of line, especially in the coming Trump era, but it might also be useful, every now and then, to write about how America can continue to attract and welcome the immigrants who have done so much to make our diverse, multicultural, multilingual, multi-religious nation the greatest country in the world.

    Roger Algase
    Attorney at Law
  5. ImmigrationLawBlogs's Avatar
    My above comment will set forth the case for revisiting the late 19th century doctrine of "Plenary Power" over immigration, something that could easily degenerate into one-man power in the coming age of Donald Trump.

    Roger Algase
    Attorney at Law
  6. ImmigrationLawBlogs's Avatar
    Isn't it time for America to stop ignoring, excusing or trying to whitewash Trump's hatred and bigotry toward non-European immigrants that were the very essence and foundation of his campaign, and as also shown by Trump's appointment of an attorney general with an even worse record of hatred toward minority immigrants (and Americans) than Trump has himself?

    This is not to mention Trump's own ongoing threats of retaliation against critics and opponents, including threats to take away US citizenship from Americans who engage in Constitutionally protected forms of protest against Trump's policies.

    There is one week to go as this is written before Trump, who lost the popular vote to Hillary Clinton and whose own legitimacy as president-elect becomes more questionable with each passing day that we find out even more about Russian interference in our election, takes power on January 20. Will this be the last week of America's 240-year old democracy?

    Roger Algase
    Attorney at Law
    Updated 01-13-2017 at 08:11 PM by ImmigrationLawBlogs
  7. ImmigrationLawBlogs's Avatar
    This all sounds reasonable enough, but would it really fly with a president - whose own legitimacy becomes more questionable as more and more information about the Russian tyrant's interference in America's electoral process becomes available almost with each passing day - and the president's party - which have appointed and appear about to confirm an anti-immigrant fanatic such as Jeff Sessions for Attorney General, with his despicable (let's call a spade a spade here) record of wanting to take America back, not only to the 1924 racial immigration quota law (which. among other things, gave Germany 50,000 immigrant visas a year and India 100 - look it up), but to the darkest time of all - Dred Scott (1857), by abolishing the 14th Amendment's guarantee of birthright citizenship?

    Yes, Sessions has recommended both these things in effect. If Mr. Rappaport is not aware of this, he can read my own recent Immigration Daily comments about Sessions (such as my blogs in the January 4 and January 9 issues) and a continuation of those comments which I will be posting in the near future for more particulars.

    Roger Algase
    Attorney at Law
    Updated 01-15-2017 at 04:02 PM by ImmigrationLawBlogs
  8. RCA's Avatar
    This post has also been deleted since it was about typographic corrections that are no longer necessary.

    Roger Algase
    Updated 01-14-2017 at 01:50 AM by ImmigrationLawBlogs
  9. RCA's Avatar
    This post has been deleted as no longer necessary. It was about tyopgraphic corrections which I have already made above.

    Roger Algase
    Updated 01-14-2017 at 01:51 AM by ImmigrationLawBlogs
  10. RCA's Avatar
    All my statements about Trump are based on his own speeches and actions, which most people in America understand the clear meaning of but which it appears that Nolan would prefer to ignore, overlook or whitewash.

    We have one week from today, January 13, 2017 before Trump takes over as our new chief executive. Will this be America's final week as a democratic nation?

    Roger Algase
    Attorney at Law
  11. RCA's Avatar
    Fantastic idea, Nolan. I am in total agreement with you.

    An outstanding way to implement that would be by persuading Trump to withdraw Jeff Sessions' nomination and pick a new AG with a less horrible (and detailed, thoroughly documented record - as Sessions clearly has) of opposition to non-white, non European immigrants - legal as well as illegal.

    Roger Algase
    Attorney at Law
    Updated 01-14-2017 at 01:53 AM by ImmigrationLawBlogs
  12. ImmigrationLawBlogs's Avatar
    You would have more credibility if your claims about Trump were not so outrageous.

    Nolan Rappaport
  13. ImmigrationLawBlogs's Avatar

    The Hill reports on January 11 that Rep. Mo Brooks (R-Alabama), who in 2014 claimed that immigration reform itself was a "war on whites", has now said the same thing about the opposition to confirming Jeff Sessions as attorney general.


    GOP rep: Sessions attacks part of 'war on whites'

    (Sorry, I cannot find a link that works - please go to Google.)

    Isn't it about time for America to acknowledge that opposition to immigration, first and foremost, above all else, always has been and still is an expression of racial prejudice - of a belief that white people are racially superior to all others?

    America's tragedy is that Donald Trump and his incoming administration are Making Anti-Immigrant Racism Great Again, in the minds of all too many Americans.

    My original comment follows:

    The above is a compelling, powerful article, but it only deals with one aspect of the tremendous damage that Sessions can and no doubt will cause to America's immigration system - namely destroying due process on the enforcement or deportation side of the equation.

    The other side of the equation, namely the power that Sessions will have to destroy our employment-based legal immigration system by harassing and intimidating US employers who hire foreign workers with H-1B or other legal employment based visas through Trumped-up (no pun intended) criminal investigations or prosecutions, is just as dangerous.

    Thirty years ago, when he was a US attorney in Alabama, Sessions had no compunctions about bringing groundless "voter fraud" criminal charges against African-American voting rights workers, who were acquitted of all counts. Is there any reason to think he has changed?

    Sessions has made clear again and again that he regards legal foreign workers as threats to the jobs, wages and living standards of American workers (a class of people he has not shown much interest in helping outside the immigration context - when has he ever supported union rights or minimum wage laws?).

    But are these legal foreign workers (over 1,000 of whom Sessions' boss, Donald Trump, has hired through though his businesses in various legal visa programs) really a "threat" to America because of their jobs and working conditions?

    Or is it because of the color of their skin or the non-white areas of the world they come from?

    The answer to this question is clear. Sessions is on record (in his January, 2015 immigration "Handbook" for the 114th Congress - see page 10 of that document), as saying that he supports the 1924 Coolidge era immigration restrictions which were among the most bigoted and racially biased in America's entire history.

    As is certainly well known to Sessions, the 1924 law which he praised so highly only two years ago, excluded not only Asians, Africans and Middle Easterners, but also Eastern European Jews and Southern European Catholics, as well as many other immigrants who were considered to be of inferior racial "stock" under the "eugenics" theories of the time which had so much influence on Adolf Hitler.

    Has Sessions changed his racial views on immigration
    since 2015? Where is there even the slightest sign that he has done so?

    Roger Algase
    Attorney at Law
    Updated 01-11-2017 at 08:47 PM by ImmigrationLawBlogs
  14. Nolan Rappaport's Avatar
    Roger, you would accomplish more if you offered suggestions to the republicans on how you think things should be a way that would be acceptable to them. Your ceaseless onslaught of accusations about how bad they are isn't likely to accomplish anything.
  15. ImmigrationLawBlogs's Avatar
    Donald Trump's claim that he wants to impose draconian measures to destroy the lives of millions of unauthorized immigrants and bar the gates of America to millions of legal immigrants who would now qualify for admission under our laws, in order to raise the standards of living for ordinary Americans, is nothing more than the most disgusting kind of hypocrisy.

    This becomes obvious when one looks at the list of billionaires and plutocrats whom Trump has picked for his cabinet.

    What we are likely to see in Donald Trump's America is a form of dictatorship by, for and of a super-wealthy upper class, with nothing but impoverishment and loss of basic rights for everyone else.

    When average working and middle class Americans see their safety net, jobs, wages and standard of living start to disappear, who will be made the scapegoats? One can be sure that it will not be Trump's billionaire friends who will be blamed for the debacle they will have created for all other Americans.

    Instead, Trump will blame Muslim, Latino and other non-European immigrants, as he has been doing from the start of his campaign.

    The tragedy is that with a compliant press and his own party supporting him in lockstep, most Americans will believe him.

    Roger Algase
    Attorney at Law
    Updated 01-10-2017 at 04:47 PM by ImmigrationLawBlogs
  16. ImmigrationLawBlogs's Avatar
    Is this merely some tweaking in the H-1B law, or is it a small step toward taking America back toward the ultimate goal of reinstating the Northern-European whites only immigration policies of the 1920's?

    With the upcoming Trump administration, no one can tell, and that is what makes the picture so disturbing.

    Roger Algase
    Attorney at Law
  17. MKolken's Avatar
    "Up to now, this law, as is also the case with Section 212(f) has been used sparingly."

    This statement is patently false.
  18. ImmigrationLawBlogs's Avatar
    Despite the large number of deportations and criminal prosecutions for immigration violations, there is every reason to believe that the Obama administration will be looked back on as a golden age of immigrant rights compared to what we can expect under Donald Trump.

    This is because of two not widely known or frequently used statutes already on the books which we are likely to hear about quite a bit more in the coming years of anti-immigrant hatred and repression under the new president and his fiercely anti-immigrant choice for general, Jeff Sessions.

    One of these laws, INA Section 212(f) will give Trump almost unlimited power to bar immigrants or visitors from entering the United States for any reason, including, race, religion, political opinion or any other factor that the president, in his unlimited discretion, decides is detrimental to US interests.

    This statute would not only give Trump the power to ban all Muslims throughout the world from entering the United States, but would also give him the power to exclude anyone coming from designated Muslim countries.

    And not only Muslims - immigrants could also be barred by race, as under the 19th century Chinese exclusion law Supreme Court decisions which have never been overruled and are still the law today (See Kleindienst v Mandel, 1972), or merely because Trump doesn't like their views or they may have said something negative about this notoriously thin-skinned president-elect, who keeps threatening to retaliate against everyone who disagrees with him in every way possible.

    As Justice Douglas suggested in his dissent in Kleindienst, INA Section 212(f) arguably give the president power to exclude an immigrant or visitor for saying the the earth is round, rather than flat.

    How many climate change opponents will be able to get visas to attend scientific conferences in the US in Donald Trump's America?

    Will anyone who has ever complained about Russian-supported human rights violations in Syria or advocated on behalf of Syrian refugees be able to visit America in the new administration?

    Will someone who has been a business competitor of one of Trump's overseas ventures, or has ever said anything critical of Trump, be allowed into the US?

    No one should count on that.

    The other extremely broad statute, INA Section 274, makes it a federal felony to "harbor" or "assist" anyone who is in this country illegally. This law applies to everyone, not just foreign citizens.

    Up to now, this law, as is also the case with Section 212(f) has been used sparingly.

    Under the new immigrant-hating attorney general, with his lass than stellar record on civil rights and race relations in general, could we see a huge spike in prosecutions of American citizens who "assist" illegal immigrants by advocating for legalization, protesting against cruel and inhuman abuses and denial of basic human rights in immigration detention centers, or who provide lodging, medical assistance or even trivial benefits such as car driver or restaurant server tips to anyone without first checking the person's legal status?

    Could millions of Americans who have pro-immigration views or who advocate for more lenient or open immigration policies toward DREAMERS or other people who are in this country without legal status be headed to prison?

    Will American citizens who provide legal advice or support to unauthorized immigrants be safe from prosecution?

    Will American citizens who do not turn their own spouses, parents or other family members in for deportation be charged with committing a felony by our incoming new attorney general, who in his January 2015 "Handbook" for Republican members of Congress, praised the Coolidge administration's 1924 "Nordics" -only immigration law, one of the most overtly racist immigration statutes in our entire history?

    It is not at all inconceivable that America may be about to witness an era of repression against pro-immigration Americans that could make the Russia of Trump's good friend and supporter, Vladimir Putin, seem like a bastion of freedom and democracy by comparison.

    Roger Algase
    Attorney at Law
    Updated 01-07-2017 at 04:25 PM by ImmigrationLawBlogs
  19. ImmigrationLawBlogs's Avatar
    You may have inside knowledge of upcoming immigration proposals. I can only go by publicly available comments and proposals that Sessions or Trump himself have made. These are not proposals that augur well for the future of legal immigration in America in the new administration, for reasons that I have explained above.

    Roger Algase
    Attorney at Law
  20. MKolken's Avatar

    I don't have to read Session's handbook, as I have read the actual legislation that I helped draft back in the 113th Congress that was shelved the moment Obama went full-executive action. I also have inside knowledge of what may be in store for the 115th to help fix holes on the employment side of the current law. But keep screaming Chicken Little.
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