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  1. Why Was Trump so Reluctant to Condemn the White Nationalists in Virginia? Is it Because He Shares Their Europeans-Only Immigration Goal? Roger Algase

    The following comment has been expanded as of August 15 at 12.35 pm.

    The latest news report shows that the White House has finally clarified his comments on the Charlottesville rally to condemn explicitly the "extremist groups" including white supremacists, KKK and neo-Nazis, who instigated the rally which has taken three lives so far.

    Any indication that the Trump administration shares the outrage against the neo-nazi hatred and violence in Charlottesville that every decent American, including many of Trump's strongest supporters in the Republican leadership who have openly expressed their condemnation of this white supremacist rally, must feel, is surely welcome.

    But why did the White House take so long to issue that statement, which did not come out until the afternoon of August 13, the following day?

    Why has the president still not spoken out directly to condemn the neo-nazis and white supremacists who caused the deaths of three people related to the rally?

    Could it just possibly be because he shares their objectives of limiting US immigration to people from mainly white areas of the world, which is also the obvious purpose of the RAISE Act that the president has praised so highly?

    Is it because, like the white nationalists and neo-nazis eho demonstrated in Virginia, Trump also wants to engage in ethnic cleansing of black and brown immigrants already in the United States through mass arrests, incarceration, deportation and violation of basic due process and human rights?

    My earlier comments follow:

    The following has been updated as of 8:23 am on August 13:

    America is now experiencing even more serious effects from the relentless campaign of defamation, exclusion, deportation and fear against Latino, Muslim and other non-white immigrants that Donald Trump has been carrying out as candidate and president for the past two years. The Guardian reports that at least one person has been killed in the course of violence that took place in the wake of a horrifying rally of white supremacists in Charlottesville, Virginia on August 12. (The death toll has now risen to 3, according to later reports.)

    The same paper also reports that Trump issued a statement condemning bigotry and hatred in general "on many sides", but he did not condemn the white nationalists (who used to be known has neo-Nazis in the days when journalists had more courage and were more direct than seems to be the case now) who organized the rally in particular. This failure has led to widespread criticism from other Republican leaders.

    To what extent were the same white supremacists in Charlottesville whom Trump refused to criticize specifically inspired by Trump's numerous speeches as a candidate condemning Latino immigrants as "criminals", "rapists" and drug dealers who are destroying America, and labeling most or all of the world's Muslims as potential terrorists, while demonizing highly skilled South Asian and East Asian immigrants as "stealing" jobs from Americans; as well as his actions as president in seeking to ban almost 200 million Muslims from six different countries from entering the US, widening the deportation dragnet for non-criminal immigrants and, mot recently of all, promoting the RAISE Act, which would make drastic cuts in legal immigration from Latin America, Africa and Asia?

    David Duke, former KKK leader and one of the Charlottesville rally's strongest supporters, directly attributed the inspiration for the rally to the president in the following tweet:

    "This represents a turning point for the people of this country. We are determined to take our country back...We are going to fulfill the promises of Donald Trump. That's what [we] believed in. That's why we voted for Donald Trump."

    Just in case anyone missed the reference, "Taking Back America" was a hallmark of Trump's anti-immigrant rhetoric during the campaign and is still arguably one of his hallmark slogans as president: See, Breitbart News (July 30):

    Seven Ways Trump is Taking Back America's Culture

    It is also at least implied in some of Trump's "America First" immigration executive orders.

    But why should there be any surprise that Trump initially failed to condemn the neo-nazi white supremacist rally in Charlottesville?

    His entire campaign, followed by his entire presidency to date, has been imbued with the spirit of hate toward people of color and other racial/religious minorities. In his ideology, his glorification of white "civilization" and the supposed need to protect America's borders against people belonging to other enthicities and non-Christian religions such as Islam, something that formed the cornerstone of Trump's Warsaw speech, Trump was not only supporting the white nationalists, but was clearly identifying himself as one of them, as POLITICO explained right after the speech:

    See also, writing shortly after Trump's inauguration:

    Trump's Muslim ban is no surprise: Our new president's agenda is fueled by white nationalism

    Moreover, Trump has not only brought the white nationalists' racism to Washington with him, but also its proto-fascist, anti-democratic agenda, as so obviously apparent in his attacks on the press and the courts during his campaign, and his calls to rough up protesters at his own violent rallies; not to mention his horrifying incitement to police brutality against immigrants at his recent Brentwood NY speech.

    (And don't forget the centerpiece of Trump's entire immigration agenda - his Border Wall of anti-Mexican, anti-Latino hate and humiliation.)

    For an in-depth analysis of the white nationalists whom Trump brought to Washington, or tried to bring, after his election, see POLITICO.

    No wonder that Trump was so hesitant to speak out against the white supremacists and neo-nazis who caused the deaths of three innocent people in Charlottesville. At bottom, the people who organized this violent, racist, proto-fascist rally were Trump's people. In his most basic instincts of authoritarian white supremacy, of which Trump's goals of persecution and exclusion of non-white immigrants are an essential part, Trump has been showing himself to be an ally and supporter of the rally's leaders, if not actually one of them himself.
    Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 35 years, Roger has been helping mainly skilled and professional immigrants from diverse parts of the world obtain work visas and green cards.

    Roger's email address is

    Updated 08-15-2017 at 11:36 AM by ImmigrationLawBlogs

  2. 149 Cases of Reported Physical and Sexual Abuse on Unaccompanied Minors by CBP

    by , 08-11-2017 at 09:37 AM (Matthew Kolken on Deportation And Removal)
    Via the ACLU:

    We obtained records of 149 cases of reported physical and sexual abuse on unaccompanied minors by border officers.— ACLU National (@ACLU) August 10, 2017

    “There is a clear history of agents and officers engaging in what I believe was serious misconduct, documented by my office, in many instances who received little or no discipline whatsoever as a result,” said James Tomsheck, the former head of internal affairs for U.S. Customs and Border Protection, who has become a sharp critic of the agency after being ousted amid controversy."

    Click here
    for the rest of the report.

    Updated 08-11-2017 at 09:43 AM by MKolken

  3. Trump's Demonizing of Immigrants is Only the First Step on a Road That Could Lead to Dictatorship (and Nuclear War). Roger Algase

    Update: August 12, 1:03 pm:

    The Hill
    reports on August 12 that a Charlottesville, Virginia Newspaper has used the same phrase "fire and fury" that Donald Trump used to threaten North Korea with retaliation in describing a white nationalist rally which took place in that state.

    Obviously, Trump did not write that headline and is not responsible for anything which that newspaper says.

    But it is not entirely a surprise that the same president who used the above phrase in a patently irresponsible and absurd attempt to intimidate North Korea (while at the same time risking nuclear war and the extinction of life on this planet) has also distinguished himself for making hostile comments about minority immigrants (whom he called "animals" in his recent Brentwood, New York speech) throughout his campaign and presidency.

    This is in the same venomous spirit of hatred and prejudice that the white nationalists (many of whom are also Trump supporters) have also been showing at their rallies toward all people of color.

    My original comment follows:

    Much of the commentary on Trump's immigration speeches and actions, both as candidate and president, has tended to look at each element of his policies in isolation. The implied assumption has, all too often, been that none of the issues raised by Trump's approach to immigration has had any relation to the rest of his immigration policies, let alone to his broader agenda of cutting back on or eliminating the basic rights that the American people are used to taking for granted, such as freedom of speech, freedom of religion, the right to vote and separation of powers with an independent judiciary.

    There has been even less discussion of how any given detail of immigration policy could affect even broader issues involving America's place in the world, our relations with other countries, or the survival of the human race itself. Instead, each piece of Trump's immigration agenda has been looked at as if it were part of a larger jigsaw puzzle, but a puzzle in which there were no other pieces except the one at hand; or, or there were any other pieces, none of them had any significance.

    To give only the most recent example, Trump's support for the RAISE Act, which would make one of the biggest changes in our entire immigration history by making drastic cuts in immigration from non-white areas of the world and take this country a very long way on the road leading back toward the infamous "Nordics"-only Immigration Act of 1924 (which Adolf Hitler wrote in Mein Kampf that he had drawn inspiration from because of the law's racial assumptions), is being trivialized in much of today's discussion as only a theoretical debate over whether an immigration point system is better than one based on invitation.

    This tendency toward isolation, "slicing and dicing" each piece of the immigration picture and focusing on that issue exclusively has been apparent in many other areas of the discussion:

    Are grandparents of US citizens close enough relatives so as to be exempt from Trump's ban on immigrants from six almost 100 per cent Muslim countries?

    How long does an immigrant have to have been in the United States for, or how far from the border does he or she have to be apprehended, before losing the right to a due process deportation hearing and being subjected to expedited removal?

    Should a Wall with Mexico be a real for a virtual one, or a combination of both, and where should the funding come from?

    In determining the real intent and purpose of Trump's Muslim ban orders, how far back in time (if at all) should the federal courts go in looking at his various statements and actions showing what the US 4th Circuit Court of Appeals recently referred to as the president's "animus" against Muslims and the Muslim religion in an overwhelming 10-3 en banc decision which is now under review by the Supreme Court?

    Even more absurdly, as I have mentioned in a recent comment, is it acceptable in a free and democratic society to arrest immigrants seeking justice, or at least self-protection by reporting crimes, inside a courthouse (as long as the arrest doesn't take place in the courtroom itself!), or should the arrests take place only outside the court house door - or across the street?

    At the risk that some readers may find the following comment offensive (though it is not intended to compare Trump in any way with Hitler's anti-semitism or genocide, neither of which Trump has ever shown the slightest scintilla of sympathy or support for), arguing over issues such as these is at least faintly reminiscent of the debate in 1930's Germany over how many Jewish grandparents would define someone as a Jew under the notorious Nuremberg Laws.

    Admittedly, many people, immigration lawyers and policy analysts included, are very fond of arguing over trivia and minute detail instead of focusing on the larger picture. But in view of Donald Trump's latest wild threats to launch a first strike on another unpredictable and irresponsible leader, North Korea's Kim Jong Un (see the following link for the latest, as of this writing)

    something that could lead to a nuclear holocaust and the extinction of humanity, it is no longer possible to avoid looking at the larger implications of Trump's autocratic, bellicose policies against immigrants from non-white areas of the world.

    As two respected analysts, Colin Kahl and Hal Brands, wrote in Foreign Policy some six months ago, on January 31, Trump's obsession with the alleged dangers presented by non-white immigrants, needs to be looked at a part of a grand strategy, a world view, (Weltanschauung, if you will) that may have catastrophic consequences for America and the entire world.

    See: Trump's Grand Strategic Train Wreck

    Professors Kahl and Brands see Trump's entire world view as dominated by three main threats to the United States:

    1) Radical Islam (which Trump tends to conflate with the entire Muslim religion worldwide)

    2) Trade competition from China (which Trump also blames for "failing" to contain North Korea);

    and, arguably the one he has tried to exploit most of all, in as many ways as he can:

    3) Illegal Immigration (by which Trump obviously means all immigration, including legal immigration from non-white areas of the world, as shown in his support for the RAISE act).

    How Trump is using all of these perceived threats, and especially the alleged threat of immigration from non-white parts of the world such as Latin America, the Middle East and South Asia, in order to amass as much uncontrolled power for himself as possible and divert public attention away from his own legal problems, chiefly relating to Special Counsel Robert Mueller's investigation into Trump's alleged Russia ties, even if this risks a possible nuclear war with North Korea and the extinction of the entire human race, will be discussed further in my next, forthcoming, comment on the above Foreign Policy article.
    Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 35 years, Roger has been helping mainly skilled and professional immigrants from diverse parts of the world obtain work visas and green cards.

    Roger's email address is

    Updated 08-12-2017 at 12:06 PM by ImmigrationLawBlogs


    by , 08-10-2017 at 04:40 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just issued the September 2017 Visa Bulletin. This is the final Visa Bulletin of Fiscal Year 2017. This blog post analyzes this month's Visa Bulletin.

    NOTE: Please be sure to read our Post, "What does the August Visa Bulletin Mean?"

    September 2017 Visa Bulletin

    Applications with these dates may be approved for their Green Card (Permanent Residency card).

    EB-1 C 01JAN12 01JAN12 C C
    EB-2 01JAN16 15MAY13 22AUG08 01JAN16 01JAN16
    EB-3 C 01JAN12 15OCT06 C

    MU Law Analysis

    All Other: The EB-2 has been current for many years. The slight retrogression is temporary and will revert back to Current in October 2017. The EB-3 progression has long been effectively current, and is, in fact, current in this Bulletin.

    China (mainland-born): The DOS instituted a retrogression for China EB-1 with the June Visa Bulletin, which remains. The continued high level of demand for EB-1 numbers for USCIS adjustment of status applicants has required the establishment of a date for June. It is expected that this EB-1 retrogression will last until October 2017.

    The China EB-2 date again moved up, by about one month. The DOS recently noted that there has been an extremely large increase in EB-3s during the past month. The China EB-3 date remains at January 2012, which is where it was in July. It is now slower than China EB-2.

    India: As with China, India EB-1 now is retrogressed. It is expected that this EB-1 retrogression will last until October 2017.

    EB-2 India moved ahead by a month. EB-3 India jumped into late 2006, which was a pleasant surprise. The DOS is clearly trying to ensure that all visa numbers are used in FY2016.

    Mexico: Mirrors All Other in all aspects.

    Philippines: EB-3 moved ahead to November 2015! This is yet another incredible progression. The Philippine EB-3 number essentially cleaned out all of the 2010 through 2015 EB-3 visas in less than one year. This is even more positive than we expected.

    Our internal metrics see the Philippine EB-3 number continuing to progress at a rapid clip for the rest of 2017.

    The retrogression of the EB-2 (Phils) number is nothing to be concerned about. It will return to Current in October 2017. Note that all EB-2s retrogressed, which reflects heavier demand than usual in the entirety of the EB-2 category.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at and You can also visit us on Facebook, Twitter and LinknedIn.
  5. New Web Tool Maps Cases Pending in Immigration Court

    by , 08-10-2017 at 10:34 AM (Matthew Kolken on Deportation And Removal)
    Via Syracuse University's TRAC:

    The Transactional Records Access Clearinghouse (TRAC) at Syracuse University has just released a brand new web mapping application that allows the public to examine for the very first time the number of individuals residing in each state, county, and local community within a county, who have pending cases before the Immigration Court.

    Using this new interactive web tool, the location of individuals involved in Immigration Court cases can be displayed based upon each individual's recorded home address. Where the individual is detained, the address shown may be that of the detention facility where the individual is being held.

    While TRAC's original backlog tool tabulated cases for each Immigration Court and hearing location, each court covers a wide geographic area - sometimes encompassing several states. Thus, only a very gross picture of the location where cases were situated was possible.

    TRAC's new mapping tool, in contrast, uses the individualized location where each person appearing before the court currently resides. Users can therefore pinpoint with great precision just where cases are located throughout the country.

    Click here to access the mapping tool.
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