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  1. "Shithole" Slur Against Black Immigrants Recalls Racist 1924 Law, Shows Authoritarianism and Undermines Integrity of Adjudications. Roger Algase

    On January 12, Donald Trump issued a statement in honor of Martin Luther King Jr. including the following words which will be welcomed by all Americans who believe in racial justice and equality:

    "Today we celebrate Dr. King for standing up for the self-evident truth that Americas hold so dear, that no matter what the color of our skin, or the place of our birth, we are all created equal by God."

    Trump did not say whether his laudable comment about all people being equal regardless of their place of birth applies to immigrants from Haiti or African "shithole countries." as in his widely reported January 11 remarks which have created a storm of worldwide condemnation.

    https://www.politico.com/story/2018/...37928?lo=ap_f1

    See also: The Guardian:

    'There's no other word but racist'

    https://www.theguardian.com/us-news/...untries-remark

    Meanwhile, academics have been pointing out the connection between Trump's comment that America needs immigrants from Norway, rather than Haiti and Africa, and the openly racist 1924 Johnson Reed immigration act which Trump himself may not have yet had time to bone up on while reportedly spending many hours watching Fox News and other TV channels every day, but which the RAISE Act authors, Senator's Tom Cotton (R-Arkansas) and David Perdue (R-Georgia) must undoubtedly be familiar with, and which Trump's own AG, Jeff Sessions, had high praise for as a Senator in 2015 (along with Adolf Hitler, writing in Mein Kampf nine decades earlier).

    For example, Ana Minian, assistant professor of history at Stanford University, is quoted by vox.com as saying the following about Trump's Janusry 11 "shithole" statement:

    "What he [Trump] said was basically a form of eugenics - in which he's saying, 'This is the population we want: people from places like Norway.' White people. We don't want people from African countries or from Haiti. That's what's really symbolic here."

    She then goes on to discuss how Trump's comment related to the openly racist 1924 "national origins" immigration act.

    "What is also an important takeaway out of this message from Trump is that it takes us back to an earlier period, 1924, when the National Origins Act passed...

    It [the 1924 act] gave a percentage of allowances for people to come, giving preference to Northern Europe, discriminating against Southern and Eastern Europe, and completely barring immigration from Asia."

    Professor Minian also states:

    "In 1965 we moved away from this National Origins Act, and part of what it means to say 'we don't want people from these countries' is moving back to that very racist law that existed."

    https://www.vox.com/2018/1/12/168824...uotas-eugenics

    Of course, it is not just a few execrable (no pun intended!) words that Trump said on January 11 that are taking this country back to the bigoted days of the 1924 immigration act, but his entire whites-only immigration agenda.

    Abolishing the Diversity Visa lottery, which has been exceptionally helpful to African immigrants, and limiting family immigration to the immediate nuclear family, which would sharply reduce immigration from all areas of the world outside Europe (and very possibly in some parts of Europe as well - talk about "collateral damage"), and passing the RAISE Act, which would limit immigration to people from countries where English is widely understood and college education widely available - i.e. Europe, is just another way of skewing America's immigration system in favor of white immigrants and against immigrants from "shithole countries", i.e. non-white ones.

    By making his horrific, bigoted statement on January 11, the president merely took the fig leaf away from the real purpose of his entire anti-immigrant agenda, and made clear for the entire world to see that not only the proposals mentioned above, but also his actions as president - the Muslim Ban, DACA cancellation, TPS cancellations, mass deportation dragnet and "Hire American" attacks on the same, predominantly Asian, skilled immigrants whom Trump claims to be favoring in his "Merit-Based" RAISE Act are not aimed at Making America Great Again, but at Making America White Again.

    What is especially alarming about Trump's immigration comments is not only the obvious and crude racial bigotry, at the heart of his entire immigration agenda, which Trump openly expressed on January 11 in the course of rejecting any DACA solution that does not include his whites-only immigration proposals mentioned above (as well as his Border Wall of humiliation directed against Mexican and other Latin American immigrants), but the authoritarian way in which he claims the right to impose this bigoted agenda on America merely by holding the office of president.

    On January 14, Trump tweeted the following:

    "I, as President, want people coming into our Country who are going to help us become strong and great again, people coming in though a system based on MERIT. No more Lotteries! #AMERICA FIRST'"

    Look at the first words: "I, as President, want people coming into our country who...".

    To be sure, the executive branch has great power over immigration, but not the power to write the immigration laws. This power belongs only to Congress, not the Will of the Leader, as in in Russia, North Korea or Nazi Germany.

    There was also another leader who wanted only "strong" people in his country. The world knows what he did with the "weak" ones. The above slogan "America First" was once the rallying cry of that leader's supporters in the United States. His name was Adolf Hitler.

    See: Washington Post, January 20, 2017:

    President Trump's 'America First' slogan was popularized by Nazi sympathizers.

    (I do not have a link - please use Google to access,)

    This is not to say that the president of the United States is anti-Semitic or a Nazi sympathizer himself. Certainly, he is not. But his above words have quasi-fascist associations that imply danger ahead for America's democracy.

    So does his white supremacist immigration agenda, as summarized in his openly racist January 11 remarks which, as the above The Guardian news article describes, have drawn world-wide condemnation.

    There is also another, more immediate danger to our society and to the rule of law in the president's bigoted comment about African and Haitian immigrants. This involves compromising the independence and integrity of our legal immigration system.

    Both immigrants and American citizens who may be sponsoring them for legal visas or green cards have the right to assume that their applications or petitions will be adjudicated fairly, based only on the law and facts of each case, by immigration examiners.

    But what happens now if an applicant or petition beneficiary is from Haiti or Africa, regions which Trump has now designated as "shitholes" and which he obviously means to rule out by calling for "Merit-based" immigration which will make America "Strong" and "Great"?

    Everyone in America, including immigration examiners, knows that these are are just code words for "White".

    How much fairness and freedom from political control of adjudications and Haitians, Africans, or any other non-white applicants/beneficiaries hope for from immigration examiners who know that the head of the government which pays their salaries and puts food on their table does not want these particular people in the country under any circumstances because of the countries they come from and the color of their skins?

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

    Updated 01-14-2018 at 09:33 PM by ImmigrationLawBlogs

  2. Donít bother with GOP DACA bill Ė Trump already has a winning plan. By Nolan Rappaport



    © Getty Images

    Democrats are demanding a bill to save 790,000 DACA participants who are facing uncertainty about whether their program will be allowed to continue, and have threatened to block passage of a funding bill needed to prevent a partial government shutdown if their demand is not met. The deadline for the funding bill is Jan. 19.

    DACA provides temporary legal status and work authorization to certain aliens who were brought to the United States illegally by their parents.

    Republicans have introduced a DACA bill, the Securing America's Future Act (H.R. 4760), but the ACLU may be right in describing it as a ďcollection of hard line provisions designed to sabotage, rather than advance, the possibility of a bipartisan breakthrough.Ē

    Highlights from this 414-page bill:

    Legal immigration


    Border security


    Prevent future illegal immigration


    DACA

    • Provide temporary legal status for the 790,000 DACA participants that would have to be renewed every three years

    The Republicans want these measures to prevent a repeat of what happened the last time they agreed to a major legalization program. The Immigration Reform and Control Act of 1986 legalized 2.7 million people in the late 1980s and early 1990s, but by October 1996, the undocumented alien population had reached 5 million and was growing at an average annual rate of 275,000. The enforcement measures that were supposed to prevent illegal immigration in the future were not implemented.

    Read more at http://thehill.com/opinion/immigrati...a-winning-plan

    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
    .







    Updated 01-12-2018 at 05:51 PM by ImmigrationLawBlogs

  3. Trump Shows His Real Immigration Goals by Attacking Haitians, Africans From "Shithole Countries" and Echoing Hitler's Nordics Only Views. Roger Algase

    Update, January 12, 11:48 am:

    Trump has now denied making the despicable January 11 comment described below, which would qualify him for the title of Racist in Chief if accurate. But at least one of the Senators who were there and heard Trump speak in person, Dick Durbin (D-IL), insists that Trump did make the quoted statement in their presence, and Trump himself admits that he used "tough" language.

    Given Trump's tenuous relationship with the truth on immigration (and many other issues) up to now, does anyone believe his denial?

    http://thehill.com/homenews/senate/3...gs-and-he-said

    My original comment follows:

    On January 11, Donald Trump, as reported in every major media outlet in America, made a horrifying comment during a White House meeting on DACA that tore the veil away from the racism behind all his immigration policies. In the course of rejecting a proposed compromise immigration plan by a group of Senators which would have gone at least part of the way toward accomplishing Trump's of reducing legal family-based immigration and eliminating the Diversity Visa lottery, Trump stated as follows:

    "What do we want Haitians here for? Why do we want all these people from Africa here? Why do we want all these people from shithole countries?...We should have people from places like Norway."

    Unlike the case of some earlier racist comments that the president had allegedly made about immigrants from Haiti and Africa, the White House did not deny that Trump made the above despicable slurs. To the contrary, as also reported, a White House spokesman, Raj Shah, actually tried to defend the president's comments. For details, see:

    http://beta.latimes.com/politics/la-...111-story.html

    It would not be an exaggeration to say that Trump's comment, to paraphrase President Franklin Roosevelt's immortal words, will forever"live in infamy" in the history of American immigration and race relations.

    After this, any rational observer would have to be both blind and deaf in order to believe the claims by Trump and his supporters that his immigration agenda is only intended to favor "merit-based" immigration or to protect America against crime and terrorism.

    It is now clear, beyond any possible dispute, that for Trump, "merit-based" immigration means immigration from what used to be called "Nordic" countries by Adolf Hitler, whose immigration policies Trump is now echoing in his latest remarks. As I have pointed out in previous comments, Hitler was a strong admirer of America's own "Nordics-only" 1924 "national origins" immigration act which eliminated almost all immigration from Asia, Africa, the Middle East and the Southern and Eastern parts of Europe.

    As I have also pointed out in previous comments, Trump's entire immigration agenda is a throwback to the bigoted spirit of that infamous law, which was based on bogus and now thoroughly discredited "Eugenics" theories of racial superiority by white, northern Europeans.

    America's 45th president, to the shame and disgrace not only of himself but of the entire nation, in effect revived those theories in the White House on January 11.

    As David A. Graham writes in The Atlantic on January 11:

    "...Scandinavia has long been a touchstone for white visions of racial purity. The early 20th century Dillingham Commission, which was convened by Congress, concluded that immigration from certain regions was dangerous to American culture, and paved the way for national immigration quotas."

    https://www.theatlantic.com/politics...africa/550358/

    Trump has now made clear in his latest comment that his vision for America's immigration future is a return to the white supremacist ideology of "racial purity" which was at the basis of the 1924 immigration act. It is now up to Congress and the American people to determine whether Trump will be successful in taking America back to that dark, bigoted time in our history.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com




    Updated 01-12-2018 at 05:53 PM by ImmigrationLawBlogs

  4. Trump Calls for DACA "Bill of Love". But He Wants to End Visa Programs for Black Immigrants From "Shithole Countries". Roger Algase


    Update: January 16, 5:00 pm.

    A correction to my comment below quoting the president of the United States' racist comment about Haitian and African immigrants may be in order. According to a January 15 report in The Guardian, Trump may have used the term "shithouse" countries instead of "shithole" countries in referring to the above parts of the world.

    https://www.theguardian.com/us-news/...nations-remark

    I always try to quote the president and anyone else I mention in my comments correctly, and I apologize to readers if I quoted Trump inaccurately by saying that he accused black immigrants of coming from "shithole" countries, when he reportedly might really have said "shithouse" instead.

    My previous comments follow:

    Update, January 11, 11:01 pm:

    As reported by nearly every major news outlet in America, Trump hot a new low in deranged racist ranting against immigrants of color when he made the following comment at a January 11 White House meeting on DACA and related immigration issues:

    "What do we want Haitians here for?
    Why do we want all these people from Africa here? Why do we want all these people from shithole countries?...We should have people from places like Norway."

    http://beta.latimes.com/politics/la-...111-story.html

    Before Trump's above horrifying, venomous attack on black immigrants, which revealed the full, despicable depths of Trump's racist views and how they underpin his entire immigration agenda, while dragging all of America into the cesspool of hatred in the depths of Trump's own dark psyche, I wrote the following comments, which Trump has now just made obsolete with his vile expression of hate against immigrants of color.

    My original comment is as follows:

    In an open, bipartisan, televised White House meeting on January 9, Trump showed a remarkable and welcome example of democracy in action by appearing to welcome suggestions on immigration by Senators and Representatives on both sides of the immigration issue and suggesting that the two parties are not far apart on a solution for DACA and even a larger Comprehensive Immigration Reform Deal.

    Trump also called for a "Bill of Love" on DACA.

    https://www.theguardian.com/us-news/...gress-dreamers

    The meeting did a great deal to dispel the closed-off, rigid, authoritarian image of a president with an inflexible white nationalist bias against immigrants from non-European parts of the world which Trump has built up during the past 2 and a half years in many of his other statements and actions as a presidential candidate and president.

    Perhaps most encouraging of all for immigration advocates, Trump drew withering criticism from columnist Ann Coulter, a strong opponent of all immigration from what she has called the "Third World", i.e. non-European countries. Coulter tweeted that Trump's "DACA lovefest" hurt him more than anything in a recent book by journalist Michael Wolff which questions the president's mental stability, as The Guardian also reports in the above story.

    However, a closer look at the details of the meeting, as also reported above, shows that if Coulter was afraid that Trump was changing his support for an agenda of reducing immigration to the US from outside Europe, she did not have much to worry about.

    According to the same news story:

    "[Trump]...said that a compromise must include an end to the family-based immigration policy, which he refers to as 'chain migration', and the elimination of the 'visa lottery' program, which he mischaracterized as an initiative that allows countries to 'give you the people they don't want.'"

    This continues Trump's recent policy of attacking and demonizing millions of legal family immigrants and Diversity Visa lottery immigrants who have come to the United States in the past few decades and made major contributions to American society. Yes, there are no doubt a small number of these immigrants who have committed crimes, with a crime rate that, according to some studies, is lower than that of native born US citizens.

    And two members of these immigrant groups, one family-based immigrant who came to the US as a child and later on became radicalized and killed 8 people in a terror attack; and another, radicalized, Diversity Visa immigrant, who tried to commit a terror attack are now being held up as examples by the president of the "danger" allegedly presented by some 30 or 40 million family immigrants and more than a million Diversity Visa immigrants who have used these two visa programs.

    As noted immigration law professor and former USCIS general counsel Stephen Legomsky wrote in an opinion piece discussed in ny January 9 Immigration Daily comment, this makes no sense at all. Neither does Trump's wild and delusional claim that the deranged lone wolf immigrant who ran over and killed 8 people recently in New York had sponsored 22 or 23 of his relatives for immigrant visas make any sense.

    As I also pointed out in a previous
    Immigration Daily comment, even the well known anti-immigrant advocate Mark Krikorian of the Center for Immigration Studies, who basically supports Trump's immigration agenda, said that Trump's claim was impossible or made no sense.

    https://www.buzzfeed.com/adolfoflore...B09#.ltaEbxJ5e

    What is the real reason why Trump and many of his fellow Republicans want to end "Chain Migration?

    Dana Lind explains on vox.com on December 29, 2017:

    "For people whose biggest fear regarding immigration is that immigrants will change the face of America - that they'll trample the country's 'traditionally' white, Christian majority - there's little more potent than the idea of immigrants bringing over huge families, replanting their communities whole in American soil."

    https://www.vox.com/policy-and-polit...-how-trump-end

    For the past half century, ever since the landmark 1965 immigration reform law abolished the openly racist "national origins" immigration quotas of the 1924 immigration act which had cut off immigration from most parts of the word outside of norther Europe, family immigration has been the foundation of America's immigration policy.

    Trump's attempts to demonize tens of millions of legal family immigrants and over a million legal immigrants who have come to the United States through the Diversity Visa as "criminals" and "terrorists" because of the actions of exactly two individuals only who have used these visas is just one more part of his agenda of moving back toward the almost exclusively whites only immigration regime of 100 years ago.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com



    To be continued

    Updated 01-16-2018 at 04:59 PM by ImmigrationLawBlogs

  5. TRUMP BACKS DOWN ON AN H-1B THREAT TO 6+ YEAR H-1Bs

    by , 01-09-2018 at 12:07 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    McClatchy reports that the Trump Administration has backed down from a threat that would have eliminated the ability of H-1B workers with long-pending green card cases to extend their H-1B status beyond 6 years. They had previously reported that the Trump Administration was considering the change to H-1B extensions.

    In a recent MU Law blog, we outlined the reasons that such a policy change was contrary to law. We explained that The Trump Administration would have lost if challenged in court. While Section 104 of AC21 might provide arguable cover for a Trump policy change, by law Section 106 of AC21 could not have been changed. Therefore any policy change to Section 104 would have simply resulted in USCIS granting H-1B extensions in one-year increments.

    McClatchy quotes an unnamed USCIS official who confirms our analysis and the analysis of many members of the business immigration bar:

    ďWhat we can say, however, is that USCIS is not considering a regulatory change that would force H-1B visa holders to leave the United States by changing our interpretation of section 104(c) of AC-21, which provides for H-1B extensions beyond the 6 year limit,Ē the agency told McClatchy. ďEven if it were, such a change would not likely result in these H-1B visa holders having to leave the United States because employers could request extensions in one-year increments under section 106(a)-(b) of AC21 instead.Ē

    ___________


    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook, Twitter and LinknedIn.
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