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  1. 60,000 Polish Nationalists Chant Anti-Immigrant Slogans, in Keeping With Trump's "Protect Western Civilization's Borders" Warsaw Speech. Roger Algase

    Update, November 13, 10:10 am:

    See also: Washington Post, November 13:

    Why neo-fascists are making a shocking surge in Poland

    (Available through Google.)

    My original comment follows:

    In a demonstration may times the size of the one in Charlottesville, 60,000 white nationalists and their supporters marched through Warsaw, Poland over the weekend of November 11-12, though red smoke bombs and carrying signs with slogans such as "white Europe of brotherly nations".

    They also chanted: "pure Poland, white Poland" and "refugees get out". A banner read: "Pray for Islamic Holocaust."

    https://www.theguardian.com/world/20...dependence-day

    The reference to the Holocaust would have been serious enough anywhere, but it was even more pointed in a city which was one of the most infamous centerpieces of the Holocaust against the Jews, as Donald Trump pointed out in his own July 6 Warsaw speech discussed below.

    Certainly Trump's Warsaw speech, which was viewed by some observers of an endorsement of Poland's right wing, anti-immigrant government, which is also reportedly undermining the basic freedoms of its own people,

    http://www.latimes.com/world/la-fg-p...017-story.html

    was far more measured in tone than that hate slogans in this weekend's demonstration. But was his speech a more politely coded version of a similar message against immigrants from outside Europe? Here are some excerpts from the president's Warsaw speech, taken from the official White House transcript of his remarks:

    https://www.whitehouse.gov/the-press...nd-july-6-2017

    First, speaking of what he sees as a common bond between America and Europe, Trump says:

    "We write symphonies. We pursue innovation. We celebrate our ancient heroes, embrace our timeless traditions and customs..."

    Then he becomes more specific:

    "What we have...what we've inherited from our ancestors has never existed to this extent before. And if we fail to preserve it, it will never, ever, exist again. So we cannot fail."

    And what is it that Trump is so intent on preserving? To be sure, in one sense, his speech affirms the importance for protecting freedom, democracy and the value of each individual against threats, whether from Nazism and Communism in the past, or from radical Islamist terrorism now. No one who believes in democracy could disagree.

    But there is also a clear, thinly coded message to white nationalist supporters in the following words of his speech.

    "Because as the Polish experience reminds us, the defense of the West ultimately depends not only on means but also on the will of people to prevail...The fundamental question of our time is whether the West has the will to survive. Do we have the confidence in our values to defend them at any cost?

    And then, in what is very arguably the real message of Trump's Warsaw speech:

    Do we have enough respect for our citizens to protect our borders? Do we have the desire and the courage to preserve our civilization in the face of those who would subvert and destroy it?"


    While the speech is, on the service, couched in the language of defending freedom and democracy (no attacks here on a free press as the "enemy of the people" or attempts to undermine judicial independence by references to "so-called judges" or judges with "Mexican heritage" whose decisions he objects to), there is also an unmistakable white nationalist message which comes straight out of the playbook of a now departed Trump adviser, Steven Bannon, and a still current one, Stephen Miller (who is widely suspected of having written the speech).

    What else could Trump have possibly meant by his references to the "traditions", "customs", "ancestors", "values" and "civilization", of "the West" which must be "preserved" at all costs by "protecting our borders" ?

    Is this not getting uncomfortably close to the spirit of Blut und Boden ("Blood and Soil")
    which the Nazis originated as their slogan and the white nationalists also used in Charlottesvile?

    But what is most unsettling for the future of many millions of non-European immigrants who would like to come to the US in the future or who are already here now and would like to stay in this country and become a permanent part of society, is that when Trump is talking about "protecting borders" to preserve "Western Civilization" he is also laying out a clear blueprint for the foundations of his immigration policies.

    There is not only a direct line between Trump's Warsaw speech and the hate march of 60,000 smoke bomb throwing white supremacist supporters in Warsaw this weekend; but, much more importantly for America, Trump's speech also anticipates his support for the RAISE Act, his push to abolish the Diversity Visa green card lottery, and a host of other actions aimed at reversing America's policies of racial and religious equality for immigrants of the past 50 years.

    Trump's Warsaw speech was a loud and clear signal that he intends to take America back toward the direction of its pre-1965 white supremacist, Europeans only, immigration regime. There may still be some Americans, and even immigrants, who have not yet caught on to the the basic motivation behind Trump's anti-immigrant agenda (or who at least would like to pretend that they haven't caught on), but 60,000 white nationalist demonstrators in Poland should have had no trouble in understanding Trump's immigration goals.

    Even if the language of Trump's Warsaw speech was far more elegant than the openly racist anti-immigrant venom of this weekend's nationalist demonstrators, the ultimate objectives were very similar.

    The greatest irony of all in Trump's Warsaw speech, however, was in his stirring description of the heroism shown by the Polish people of Warsaw in their uprising against Nazi tyranny in 1944, which he compared to today's fight for "the West" and its "civilization" , together with its "bonds of history, culture and memory" , which are now under threat from the "East" and the "South" - i.e. Asia, Africa, the Middle East and Latin America, where most of America's immigrants during the past half-century just happen to have come from under the post-1965 immigration system that Trump is now seeking to abolish.

    Aside from the fact that, while Trump had extensive praise for the uprising of the Polish people against the Nazis, but mentioned the equally important Jewish Warsaw Ghetto uprising only in passing, Trump left out one detail which he evidently did not think was worth mentioning, but which the world remembers, possibly more than any other single aspect of the horrible history of the Warsaw Ghetto.

    This was the 10 feet high barbed wire WALL which the Nazis built around the Warsaw Ghetto to seal off the Jewish population of that city, which was marked for extermination in the nearby Treblinka gas chambers, from the rest of that city's population.

    Even though some people might try to excuse his omission of this essential part of the history of the Nazi occupation of Warsaw, which was just as essential as the Berlin Wall was to the Communist opposition of that city later on, as merely being a lapse by an inept or uncaring speech writer, this omission RAISES (no pun intended) a very uncomfortable question for Trump and his followers.

    Was Trump's failure to make even the slightest mention of the Warsaw Ghetto Wall in his lengthy and detailed description of the fight against the Nazis in wartime Poland because of his plans to build his own WALL, that would be three times higher and more than 2,000 miles longer than the Warsaw Ghetto one, in order to WALL off Mexican and other Latin American immigrants from the United States?

    Or did he leave this key part of Warsaw's wartime history out in deference to right wing politicians in nearby Hungary and other parts of Europe who are calling to build their own Walls against Muslim and other immigrants from the Middle East and points beyond?

    Either way, it is not hard to understand why Trump would not have been eager to mention the Warsaw Ghetto Wall in his speech in that city.

    Of course, Trump's Warsaw speech is very far from being the only indication of his agenda of reversing America's demographic trend toward ethnic, religious and linguistic diversity by cutting off or reducing immigration from non-white areas of the world. Subir Grewal ("Subir") an independent progressive writer, predicted Trump's whites only immigration agenda in an article which appeared right after Trump took office as president after losing the popular vote a year ago to Hillary Clinton, (despite evidence of Russian interference on his behalf which is still under investigation by Robert Mueller) called:

    Make America White Again - the dream that drives the Bannon-Trump administration

    http://www.dailykos.com/stories/2017...administration

    While the title may be out of date, and the "Miller-Sessions-Trump" administration may be more appropriate now in matters relating to immigration, Subir's well researched and comprehensive article remains very current, even more so than when it was published just over 10 months ago, on February 2.

    Even though Subir is not an immigration lawyer or academic, his article is even more pertinent than it was when it actually appeared, because Trump's entire immigration agenda as president has been unfolding almost exactly as Subir predicted.

    This important article merits a separate discussion, which will appear in my forthcoming comment.
    _____________________________________
    Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. He has been helping mainly skilled and professional immigrants, from many different parts of the world, obtain work visas and green cards for more than 35 years. Roger's email address is algaselex@gmail.com





    Updated 11-16-2017 at 09:30 AM by ImmigrationLawBlogs

  2. Report: In Trump's Latest Immigration Power Grab, DHS Secretary Threatens to Resign Over WH Pressure to End TPS for 86,000 Hondurans. Roger Algase

    The Washington Post, CNN and other news outlets are reporting that during Trump's Asian trip, White House Chief of Staff John Kelly called DHS Acting Secretary Elaine Duke from Japan to pressure her to end TPS for 86,000 Honduran immigrants, many of whom have been living in the US for decades.

    According to The Post, Kelly put forceful pressure in Duke to end the TPS designation now, instead of postponing a decision for six months to give her more time to review the situation. The same story also states that Kelly told Duke that the delay in making a decision

    "prevents our wider strategic goal [on immigration]."

    The report also says that Duke threatened to resign. For CNN's similar report and link to the Washington Post article, see:

    http://www.cnn.com/2017/11/09/politi...nts/index.html

    CNN also quotes a source as saying the following about Duke's reaction to the pressure from the White House to make a decision based on its political immigration agenda, rather than objective facts concerning conditions in gang-ridden Honduras, one of the most dangerous countries in the world, and the effect that a decision would have on tens of thousands of immigrants who have been living in the US legally for years and are mostly well integrated into American society:

    "I think she's very distraught and disappointed at Kelly and the whole apparatus...It's like, 'Why do I keep doing this if you guys are just going to beat me up?'"

    There are a few important points about this story. First, according to the above news articles, the dispute over TPS is not just a matter of government officials disagreeing with each other over some policy issue or other, but an obvious attempt by the White House to destroy any independence that an agency such as the DHS may still have, and force it to make decisions based on political considerations rather than the merits.

    This has extremely dangerous implications for immigration, because it could mean that DHS agencies such as USCIS would be making decisions on petitions and applications for immigration benefits of every variety based on Trump's immigration agenda, rather than according to the law. There are clear and very disturbing signs that this is already happening in an entirely different area of immigration law which is also under attack in the Trump Era more than ever before, namely specialty worker H-1B petitions.

    I will have more to say about that issue in the context of this year's H-1B RFE blizzard (or given the sorry record of this administration in terms of climate change denial and lack of effective assistance to non-white American citizens victims in Puerto Rico, "hurricane" might be a better word) in a forthcoming comment.

    To be sure, political goals and immigration agency actions have hardly been strangers to each other during any presidential administration. But turning the DHS into a mere extension of presidential power over immigration would have dangerous implications which go beyond immigration itself, and could destroy the foundations of democracy and the rule of law in America.

    For a further discussion of this issue in relation to the White House attempt to dictate TPS policy to the DHS, see: The Atlantic:

    Trump Battles Constraints on His Power

    https://www.theatlantic.com/politics...-power/545486/

    Furthermore, no one who has been following the president's immigration policies since taking office 10 months ago can have any doubt as to what the immigration "goal" is the Kelly referred to according to the above news report. It is, by every sign that we have seen so far, nothing short of the ethnic cleansing of millions of non-white immigrants from the US through mass deportation, and the whitening of our legal immigration system by eliminating or vastly reducing virtually every visa category which has benefited immigrants from outside Europe - as exemplified, most recently, by Trump's shameful attempt to demagogue the NYC terror attack a pretext for pushing to eliminate the Diversity Visa and to enact the RAISE Act, which is heavily skewed toward immigration from Europe.

    As an additional, but not unimportant note, it is becoming harder and harder to overlook the sheer cruelty, amounting almost to a sadistic delight in inflicting suffering on minority immigrants which has characterized so much of Trump's immigration policy (DACA aside - he does seem to have some genuine concern for the almost 800,000 young victims of his own policy in this regard, but some might see only a cynical motivation to use them as a bargaining chip for his harsh immigration agenda instead).

    For example, one remembers Trump's comments expressing delight at the way that his first Muslim ban order was initially being implemented, despite the terrible chaos and suffering that was experienced by hundreds, if not thousands, of Muslim immigrants during that phase.

    Nor, according to Salon.com writer Heather Digby Parton, is physical sadism toward non-citizens (though not exactly immigrants!) unknown in John Kelly's own background as commandant at Guantanamo. Parton writes about the horrifying torture that Kelly, according to her article, inflicted on inmates there in the course of a hunger strike. See:

    John Kelly wants mass deportation - and given his record, that's no surprise

    https://www.salon.com/2017/11/10/joh...s-no-surprise/

    Reading about the way that Kelly allegedly tormented his victims at Guantanamo according to this horrifying report, one almost has to ask if this story is really about something that took place under the control of the United States of America, or whether the writer was describing some well known locations in a certain country in Central Europe during the 1930's and early 1940's - places with names such as Dachau and Buchenwald.

    If today, the rights of immigrants, who may happen to have a skin color or religion that is out of favor with the current president and his administration, are subject to the arbitrary whim of one-man rule with unmistakable overtones of cruelty and sadism in implementation of a white supremacist agenda, what kind of rights and freedoms can the American people look forward to tomorrow?
    _____________________________________
    Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School who has been helping mainly skilled and professional immigrants, from many different parts of the world, obtain work visas and green cards for more than 35 years. His email address is algaselex@gmail.com



    Updated 11-16-2017 at 09:24 AM by ImmigrationLawBlogs

  3. DIVERSITY VISA LOTTERY PROGRAM

    by , 11-10-2017 at 09:25 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Maria Schneider

    After the tragic terrorist attack in New York, President Trump recommended eliminating the Diversity Visa Lottery program (DV Lottery). Many of our blog readers have likely not heard of the DV Lottery. Here are some key points about the DV Lottery:


    • The DV Lottery was established by an Act of Congress in 1990. Fifty Thousand green cards are allocated to the DV Lottery and are reserved for countries with a historically low rate of immigration to the US. The DV Lottery countries are identified each year by the US Department of State.
    • DV Lottery applicants must register on-line for the lottery. There is no fee to register or apply for the DV Lottery.
    • In addition to being a native of one of the named countries, DV Lottery applicants must meet certain educational or skilled work requirements.
    • In 2015, which is the last year for which we have statistics, close to 14.5 million people around the world applied for the 50,000 DV Lotter green cards.
    • Those who are selected will be notified through the Entrant Status Check, E-DV Website. DV Lottery winners are never notified by hard copy mail or email. There is widespread fraud around the DV Lottery program, so applicants must ensure that their notification of lottery winning is in fact from the US Department of State.
    • DV Lottery winners must still meet all eligibility requirements before obtaining a green card. The requirements include the same security screening undergone by family-based and employment-based green card applicants before obtaining a green card.
    • In addition to the standard screening, all DV Lottery winners must appear for an in-person interview with an Immigration of Embassy Officer.
    • If processing of the DV Lottery winnerís application cannot be completed before the end of the US governmentís fiscal year, due to background checks, resource limitations, or other issues, the DV Lottery winner's application will be denied, and the opportunity to obtain the green card will be lost.


    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.
  4. House Judiciary Committee Chairman Bob Goodlatte, Sponsor of Anti-Immigrant Bills, Will Retire From Congress. Roger Algase

    The Hill reports that House Judiciary Committee Chairman Bob Goodlatte (R-Virginia), will be leaving Congress to spend more time with his granddaughters.

    http://thehill.com/homenews/house/35...ces-retirement

    Goodlatte has distinguished himself for introducing anti-immigrant legislation, including, recently, a bill that would allow state and local jurisdictions to enact their own immigration enforcement measures.

    http://www.cnn.com/2017/05/18/politi...tee/index.html

    This would lead to passing state racial profiling immigration laws, such as Arizona's notorious SB 1070, in many parts of America. It would create a nightmare, not only for immigrants who may be without legal status in the United States, but for almost anyone whose appearance does not happen to fit in with that of the white majority Americans in the GOP base whom this bill is meant to pander to.

    This column extends best wishes to Chairman Goodlatte for a very happy retirement and congratulates the young ladies on being able to spend more time with their grandfather.
    ____________________________________
    Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School who has been helping mainly skilled and professional immigrants, from many different parts of the world, obtain work visas and and green cards for more than 35 years His email address is algaselex@gmail.com

    Updated 11-16-2017 at 09:22 AM by ImmigrationLawBlogs

  5. After VA and NJ Elections, Will Anti-Immigrant "Extreme Vetting" and Scapegoating Still Be the Law of the Land? Roger Algase

    Update, November 9 at 11:35 pm:

    For another report concerning the despicable attempts by the two losing Republican gubernatorial candidates in Virginia and New Jersey to tie immigrants in general to violent crime, despite a number of studies showing that immigrants on the average commit fewer crimes than American citizens, see, Salon.com

    "This election is all about casting aside immigration Trumpism"

    https://www.salon.com/2017/11/07/gop...n-immigration/

    My original comment follows:

    While two State governorship elections do not make a nationwide trend, immigration supporters can take great encouragement from the November 7 elections in Virginia and New Jersey. In both of those states, Republican candidates with previously moderate records on immigration, Ed Gillespie in Virginia and Kim Guadagno in New Jersey, suddenly switched to the right and adopted anti-immigrant campaign tactics similar to those which worked so well for Donald Trump nationwide last year.

    Both Republicans suffered crushing defeats at the hands of pro-immigrant Democratic opponents.

    Gilllespie and Guadagno both ran vile campaign ads attacking immigrants as criminals and trying to connect them with the Central American M-13 gang which Trump has also used in recent speeches as president on order to demonize Latin American immigrants. They also attacked "Sanctuary" City or State policies, another coded tactic for demonizing immigrants as criminals which is favored by Trump and his AG, Jeff Sessions. This was despite the fact that in Virginia, at least, there are no Sanctuary Cities.

    https://www.theatlantic.com/politics...ortham/543984/

    https://www.nytimes.com/2017/10/23/n...tion.html?_r=o

    Of course, it may be too early to tell from just two elections, but is it just barely possible that the "Extreme Vetting" (another coded term for stigmatizing all immigrants as terrorists and criminals) which Trump called for once again in the wake of a New York attack by a deranged Muslim immigrant which killed 8 people, (while also demagogically calling to abolish the Africa-Asia and Latin-American immigrant-friendly Diversity visa which has no demonstrable connection with terrorism),

    http://thehill.com/homenews/administ...ter-nyc-attack

    even as Trump rejects, not only "Extreme Vetting", but any type of more careful screening for gun owners in the wake of an attack by a deranged white native-born US citizen which killed 26 people,

    http://www.nydailynews.com/news/nati...icle-1.3617071

    might no longer continue to be the symbol of a "Trump-Era" immigration agenda which regards non-white immigrants in general as unwelcome in America and seeks a return to the Europeans-only immigration policies of the 1924 Johnson-Reed immigration act?

    Could the November 7 election be a sign that "Extreme Vetting", i.e. demonizing all Latin American, Asian, African and Middle Eastern immigrants as threats to US safety, security and jobs, may have reached its peak and could now be on its way back to the far right fringes of white supremacist hate groups where where it rightly belongs?

    Might America be on the road to seeing the day when "Extreme Vetting", as a symbol of anti-immigrant bigotry, is no longer the official policy of our government - no longer the law of the land?

    Roger Algase
    Attorney at Law
    algaselex@gmail.com



    To be continued.

    Updated 11-09-2017 at 11:36 PM by ImmigrationLawBlogs

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