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  1. Muslim Advocates Legal Director Says Trump's "Discriminatory, Racist and Bigoted" Campaign Rhetoric is now Policy of the United States. Roger Algase

    Ahead of the Supreme Court oral arguments in the Muslim Ban case, Trump vs. State of Hawaii, Jonathan Smith, legal director of Muslim Advocates has released a statement as follows:

    "What was once discriminatory, racist and bigoted campaign rhetoric is now the policy of the United States of America."

    For the organization's full report on the "great lengths" that Trump administration has gone to to "circumvent the constitution", see:

    www.TotalandCompleteShutdown.com

    Recent developments, including but not limited to Trump's latest threats to shut down the investigation into alleged ties with Russia and/or improper business dealings by him and or his associates and place himself above the law by firing Robert Mueller and Rod Rosenstein

    https://www.cnn.com/2018/04/10/polit...ler/index.html

    are showing that what began as a ban against Muslim immigrants because of their religion could now be heading toward a "Total and Complete Shutdown" of America's democracy.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com


    Updated 04-17-2018 at 10:17 AM by ImmigrationLawBlogs

  2. SCOTUS Decision on Aggravated Felony Crime of Violence

    by , 04-17-2018 at 09:50 AM (Matthew Kolken on Deportation And Removal)
    In Sessions v. Dimaya, No. 15–1498, the Supreme Court addressed the issue of whether the statutory definition of "Crime of Violence" under 18 USC § 16(b) is unconstitutionally vague.

    From the decision:

    Respondent James Dimaya is a lawful permanent resident of the United States with two convictions for first-degree burglary under California law. After his second offense, the Government sought to deport him as an aggravated felon. An Immigration Judge and the Board of Immigration Appeals held that California first-degree burglary is a “crime of violence” under §16(b). While Dimaya’s appeal was pending in the Ninth Circuit, this Court held that a similar residual clause in the Armed Career Criminal Act (ACCA)—defining“violent felony” as any felony that “otherwise involves conduct that presents a serious potential risk of physical injury to another,” 18 U. S. C. §924(e)(2)(B)—was unconstitutionally “void for vagueness” under the Fifth Amendment’s Due Process Clause. Johnson v. United States, 576 U. S. ___, ___. Relying on Johnson, the Ninth Circuit held that §16(b), as incorporated into the INA, was also unconstitutionally vague.

    Held: The judgment is affirmed.

    Justice Kagan delivered the 5-4 opinion of the Court. It should be noted that Justice Gorsuch, Trump's appointee, was the swing vote, and filed an opinion concurring in part and concurring in the judgment.

    Updated 04-17-2018 at 11:20 AM by MKolken

  3. Letters of the Week: April 16 - April 20

  4. Border security weaknesses more serious than so-called caravan. By Nolan Rappaport



    © Getty

    Pueblo Sin Fronteras (People Without Borders) gathered approximately 1,500 asylum-seeking Central American migrants together in March 2018, to form a caravan for a 2000-mile march to the United States. It attracted a lot of attention which turned out to be much ado about nothing.

    On April 3, 2018, DHS Secretary Kirstjen Nielsen tweeted:

    I’ve been advised by Mexican officials that the caravan is dissipating. GOM has repatriated several hundred participants to Central America and is offering refugee status to others who qualify. I thank the GOM for their partnership on this and other security issues.

    Nevertheless, President Donald Trump was concerned about the caravanwhen he sent a memorandum to the secretary of Defense directing him to arrange for the deployment of National Guard troops at the border. And the House Subcommittee on National Security held a hearing on it, “A ‘Caravan’ of illegal immigrants: A test of U.S. borders.”

    Despite political spin to the contrary, the border is not secure, and the hearing highlighted problems which are preventing DHS from securing it.

    The National Immigration Forum submitted a statement claiming that U.S. border policies have been effective, but that claim was contradicted by testimony from the director of the Texas Department of Public Safety (DPS), Colonel Steven McCraw.

    According to McCraw, the federal government did not respond to numerous requests from Texas Governor Greg Abbott to provide the Border Patrol with the resources it needs to secure the border, so Texas has had to provide the necessary assistance at its own expense.

    Texas deployed State Troopers, Special Agents, and Texas Rangers to the border to conduct around-the-clock ground, marine, and air operations. Then, three years later, it deployed 500 State Troopers, tactical marine boats, aircraft and detection technology assets, and the Texas National Guard to the border.

    But illegal crossings and smuggling continued and crime in the border region continued to rise.

    Read more at http://thehill.com/opinion/immigrati...called-caravan

    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 04-18-2018 at 12:04 AM by ImmigrationLawBlogs

  5. If Trump Cares Enough About the Syrian People to Bomb Assad For His War Crimes, Why Won't Trump Admit More Syrian Refugees to the US? Roger Algase

    Donald Trump, in one of his occasional ventures into accuracy, has called Assad a "monster" over the latter's latest war crime in using chemical weapons against children and other Syrian civilians, while the US bombed some of Assad's chemical weapons facilities.

    This may give a few Syrians a brief respite from Assad's next atrocity, but no one claims that it will have any effect on his regime or be of any more than the most fleeting kind of benefit to the Syrian people. What would be more help would be to let a least a few Syrian refugees into the US so that they could find safety in this country from Assad's gas attacks.

    But admitting refugees from Muslim countries (or any other non-European countries) is no more popular with the Trump administration than admitting Jewish refugees trying to escape from Hitler's gas chambers was with American officials during the Holocaust.

    The Guardian reports that during President Barack Obama's last year in office, 2016, the US resettled 15,479 Syrian refugees (at least ten times that number would have been more in tune with our moral responsibility and values as a country).

    In 2017, Trump's first year, the US took in only 3,024 Syrians, and this year so far only 11 have been admitted. That's 11 total, not 1,100.

    https://www.theguardian.com/us-news/...d-donald-trump

    It is fine to condemn Syria's inhuman dictator and hit him with a couple of what most media are reporting as weak and ineffective strikes. But a little humanity toward the people of Syria on the part of America's president would be welcome too.

    However, instead of humanity, the Trump administration is offering an Orwellian excuse for not admitting Syrians, such as UN ambassador Nicky Haley's statement, also reported in the above article, that Syrian refugees do not want to come to America, but are anxious to go "home" to Syria ASAP.

    Of course they want to go back to Syria, so they can be tortured and executed in Assad's prisons or gassed by his chemical weapons too. That is why so many Syrian refugees have drowned in the Mediterranean while trying to reach safety in Europe.
    _____________________________
    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 through employment or family sponsorship.

    Roger's email address is algaselex@gmail.com


    Updated 04-16-2018 at 02:47 AM by ImmigrationLawBlogs

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