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  1. Trump's "Sadism" in Ending TPS for 50K Haitians Advances His Immigrant Ethnic Cleansing Goals, and Threatens Humanitarian Disaster. Roger Algase

    Update, November 24, 9:49 pm:

    The discussion below to the effect that Trump's immigration agenda is very arguably based on a vicious streak of personal sadism toward non-white immigrants in general - a delight in inflicting suffering on potentially millions of people though his immigration policies, over and beyond his evidently deep-seated commitment to a white supremacist policy goal, gains added force in the light of his pardon of former Arizona Sheriff Joe Arpaio, an open sadist who boasted of his ability to torment non-white immigrants in what Arpaio himself called "concentration camp" conditions.

    For more on Arpaio's sadism toward immigrants, see:

    The following comment has been updated and expanded as of November 24 at 9:02 pm.

    This will continue my November 20 post about Trump's decision to end TPS protection for 50,000 Haitian immigrants in another 18 months as part of the larger ideological strategy of ethnic cleansing against non-white immigrants which he set forth in his July 6 address in Warsaw, Poland. See:

    The sheer cruelty and inhumanity in the DHS's decision to end TPS for these immigrants is evident in its appallingly cynical statement that conditions have improved enough since the devastating 2010 earthquake in that country to make it "safe" for the affected Haitian immigrants, most of whom are well-integrated into and contributing to US society, and many of whom have American children who have never been to Haiti, to return to the poorest country in the entire Western hemisphere.

    This is exactly how "ready" Haiti is to take these immigrants back: Ken Appleby, senior director of the non-partisan Center for Migration Studies, stated as follows, as reported in the Huffington Post:

    "Since the earthquake, there's been a series of natural disasters, not to mention a cholera outbreak...Sixty per cent [of Haitians] are below the poverty line. You still have 10,000 cases of cholera in September. There's still thousands displaced or in camps. Infrastructure has been weakened by the hurricanes. Crops have been destroyed so there's food insecurity and hunger is prevalent."

    See, November 22:

    Trump Administration is Sending Haitians Back To A Country Still Mired In Disaster

    Naomi Steinberg, senior director of policy and advocacy at HIAS (Hebrew Immigrant Aid Society), called the decision to send the Haitians back "unnecessary and inhumane", according to She also said:

    " forces families to make impossible decisions. It means that either families will torn apart, or it means that families will stay here and will be taking on the risk of living an undocumented life."

    According to the same report, Steinberg also disputed the Trump administration's finding that Haiti ad improved enough to remove the need for TPS. She said:

    "There is a significant need there for medical care, for education, for work opportunities...We know obviously how the country was ravaged after the earthquake in 2010, and since then there has been a cholera epidemic, and other hurricanes, other natural disasters...there is not an infrastructure in place to absorb all of these returnees."

    Given the extreme hardship and suffering that the decision to send the Haitians back threatens to cause, what could Trump's purpose be in ending the TPS protection that they have had for the past more than half dozen years and which has enabled most of them to become productive, law-abiding and contributing members of American society? (Even Trump does not claim that the Haitians are "terrorists", or "M-13 gang members", as he does with Middle Eastern and Mexican/Central American immigrants.)

    There is always, of course the psychological explanation, based on Trump's well known propensity toward what some experts are calling sadism (based on Trump's evident delight in humiliating and inflicting suffering on people whom he perceives as opponents - or even just as "losers" in general).

    For a exposition of this view, see UCLA philosophy professor and researcher Douglas Kellner's article:

    Donald Trump as Authoritarian Populist: A Frommian Analysis

    Kellner writes the following about how Trump's immigration policies provide clues concerning what what Kellner refers to in his article as Trump's "arguably sadistic, excessively narcissistic, malignantly aggressive, vengefully destructive" personality:

    "Trump's destructive aspects are almost at the heart of his run for the run for the presidency. Revealingly, Trump's initial 'argument' presidency was to build a wall to keep immigrants from pouring over our southern border along with a promise to arrest all 'illegal immigrants' and send them back over the border, a highly destructive (and probably impossible) action that would tear apart countless families."

    Are Trump's subsequent Muslim ban executive orders, DACA cancellation, TPS terminations, mass deportation dragnets, attempts to smear and vilify Latino and Asian immigrants as criminals through his failed VOICE program; and his support for abolishing or cutting back family immigration and less skilled immigration from Asia and Latin America through the RAISE Act; his cutting down refugee admissions to the lowest number in decades at a time when the humanitarian needs are arguably among the greatest and most desperate in all of world history; one could go on and on - any less destructive - i.e. motivated by hate and malice, if not very possibly also by a kind of perverse delight at the anxiety, fear and torment that his immigration policies are causing to millions of harmless people who present little or no danger to America - and are threatening to cause to millions more?

    For an opinion holding that Trump's cancellation of DACA, in particular, was done a a deliberately sadistic manner, see Charles Blow, writing in the New York Times on September 7, as follows:

    "...[Trump] also made the sadistic and emotionally manipulative act of professing his 'love' for the Dreamers last week, while moving to bring them pain this week.

    This didn't need to be done. This was done out of spite and hostility."

    But beyond Trump's own particular psychological makeup and its effect on immigration policy - including but not limited to his border Wall, which has little or no purpose except as an expression of Trump's hatred for and wish to humiliate Mexican and other Latino immigrants - a psychological syndrome about which there will no doubt be more than enough speculation as long as he remains in office; and, in all probability, much longer than that; one cannot avoid the issue of how his specific actions of cruelty and hostility toward ever expanding groups of targeted immigrants fit in with his larger agenda.

    And what is this larger agenda? More and more obviously, with every one of his unfolding series of actions - whether it be the Muslim ban executive orders, the wide expansion of people who are now being targeted for mass deportation, the drastic reduction in refugee admissions, his support for the RAISE Act, which would affect mainly Asian and Latin American immigrants by eliminating most family based and less skilled immigration - while Trump at the same time seeks to make approvals for highly skilled primarily Asian H-1B workers far more difficult - it becomes and harder to avoid the conclusion that Trump is deeply committed to reversing the demographic trends toward a multi-ethnic, multi-religious, multi-lingual society which have come about through America's immigration policies of the past 50 years.

    Indeed, it might not be an exaggeration to say that this fundamental alteration of America's racial makeup in a move back toward the openly white supremacist immigration (and domestic) policies of an earlier era might well turn out to be the most enduring legacy of the entire Trump presidency.

    Trump's ultimate goal is, without any possible serious question, taking America back toward the openly bigoted white Christian Europeans only immigration policies of the 1924 "national origins" immigration act which Trump's white nationalist base supporters wish has never been repealed (and which both Adolf Hitler and Trump's own AG, Jeff Sessions, had high praise for some nine decades apart, as I have pointed out in more detail in previous comments).

    Univision commentator Jorge Ramos writes as follows, specifically from the standpoint of Trump's assault on family immigration, which has never (at least during the past almost 100 years) been a problem when most or all of the immigrants involved were white, but is now being attacked with the racist term "Chain Migration" when most of the immigrants obtaining green cards through family relationships are not:

    "In 2015, about 43 million immigrants were living in the U.S. (13.5% of the population), according to the Migration Policy Institute, and the top countries of origin were: Mexico, India, China, the Philippines, El Salvador, Vietnam, Cuba, the Dominican Republic, South Korea and Guatemala.

    When Trump speaks against '
    chain migration' he's using coded language. What the president really means is that he doesn't want any more immigrants from Asia or Latin America coming to this country and staying...

    the past he has said he wants to implement a merit-based system for immigrants coming to this country. That sounds like a nice idea, but in practice, this would give priority to immigrants from wealthy, English-speaking countries. Which means white immigrants.

    Then, after also discussing Trump's cancellation of DACA and the already implemented or (at the time of writing) likely forthcoming termination of TPS for Haiti (since actualized) and several Central American countries; as well as Trump's proposed Mexican border Wall and Muslim country entry ban orders, Ramos continues:

    "Presumably, Trump is trying to reverse the processes of tolerance and diversity that will transform this country into a nation of minorities by 2044. Census officials have predicted that by that year, more than half of all Americans will belong to an ethnic minority (that is, any group other than non-Hispanic white alone."

    And then, Ramos concludes:

    "It seems that Trump's goal is to delay this reality by removing as many immigrants as possible and preventing the entry of many more."

    Now we know why Donald Trump is so eager to create a humanitarian disaster by sending some 50 thousand Haitian immigrants back to a devastated country which is in no position to receive them. This is just one more step along the road to Trump's ultimate goal of ethnic cleansing of non-white immigrants from America.

    Roger Algase
    Attorney at Law

    Updated 11-24-2017 at 09:50 PM by ImmigrationLawBlogs

  2. ICE Planning Worksite Enforcement Operation against National Food Service Chain

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

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    Immigration and Customs Enforcement (ICE) is planning to conduct a major worksite enforcement operation against an unknown national food service chain in the next few weeks, according to an internal ICE document reviewed by Betsy Woodruff of The Daily Beast.

    It is unknown whether this action will be a raid or other type of ICE operation. If it is a raid, it will be a sign that the Trump Administration is returning to raids on employers. The last major raid occurred at Howard Industries in Laurel, Mississippi in August 2008. After the Laurel raid at the end of President George W. Bushís term, ICE stopped conducting raids, presumably due to the high cost and the difficulty in conducting a surprise raid.

    According to an anonymous ICE official (he was not permitted to discuss impending operations on the record) that The Daily Beast spoke to, the current plan is focused on employers across the nation, who are ďharboring illegal aliens,Ē by illegally paying below the minimum wage.

    ICEís planned action is not unexpected given the Trump Administrationís increased enforcement of other aspects of immigration enforcement. Recently, Tom Homan, Acting Director of Immigration and Customs Enforcement (ICE) said he has instructed Homeland Security Investigations (HSI), the investigative unit of ICE, to increase "by four to five times" worksite enforcement actions in 2018. Homan also stated, "We've already increased the number of inspections in worksite operations, you will see that significantly increase this next fiscal year."

    Additionally, in marked contrast to previous administrationsí worksite enforcement operations, Homan said "We're going to detain and remove the illegal alien workers" as ďthat is our job.Ē Furthermore, Homan stated ICE is going to strongly prosecute employers who knowingly hire illegal immigrant workers, in addition to deporting their undocumented workers. The anonymous ICE official said undocumented workers who cooperate with the agency could potentially be eligible for U visas, which provides non-immigrant visas to remain in the United States to victims of crimes, who cooperate in an investigation and testify at a trial, if necessary, against their employers.

    Even if this major raid occurs, is this just as a show of force on this occasion for the sake of publicity or a full swing back to numerous ICE raids on employers? Only time will tell.

    For a review of ICEís criminal actions against employers as well as other employer immigration compliance issues, I invite you to read my new book, The I-9 and E-Verify Handbook, which is available at
  3. In Both Muslim and Transgender Bans, Some Federal Judges Don't Believe Trump. Misleading the Courts Hurts Americans, not Only Immigrants. Roger Algase

    In an indication that the Trump administration's attempt to mislead the federal courts over the real reasons for adopting discriminatory policies hurt American citizens as well as immigrants, a second federal district court judge, Marvin J. Garbis of Maryland, ruled in effect that Trump's claimed reason for banning transgender troops from serving in the military was not credible.

    As reported in the Washington Post on November 22, Trump had originally claimed that he had adopted that policy "after consultation with my Generals and military experts".

    Judge Garbis, a Republican, in effect, determined that this claim was a lie and that no such review had ever taken place. He wrote in his decision:

    "A capricious, arbitrary, and unqualified tweet of new policy does not trump the methodical and systematic review by military stakeholders qualified to understand the ramifications of policy changes."

    Does this just happen to remind any readers of the way that Trump's Muslim entry ban order was issued and then defended in court by the Trump administration?

    Just as an overwhelming Fourth Circuit en banc majority ruled, in effect, that Trump was not telling the truth to the Court when his DOJ lawyers claimed that his Muslim ban order was based on national security rather than religious bigotry, federal judges are also now ruling, in effect, that the administration is trying to mislead the courts about the reasons for Trump's transgender military ban.

    For the full story, see: Washington Post, November 22

    In transgender ruling, another judge finds Trump credibility gap

    (Sorry, I do not have a link. Please go to Google to access.)

    See also, Constitution Center:

    Judge issues new ruling against military transgender ban

    Since this is a blog about immigrant rights, not LBGT rights, how is this story relevant to immigration law issues? The answer is simple.

    When the government engages in an abuse of power affecting immigrants, such as presenting clearly false policy justifications (which, if done by a private litigant, might well amount to a fraud upon the court) in the Muslim entry ban litigation, then it may also be likely to do the same thing when the rights of American citizens belonging to a targeted group, in this case transgender US soldiers, are at stake.

    If, as Americans, we want to preserve our own rights and freedoms, we must also protect the rights of immigrants from abuse by government-sponsored policies of hatred and discrimination, including attempts to deceive the courts.

    With that thought, I wish all Immigration Daily readers a Happy Thanksgiving holiday.

    Roger Algase
    Attorney at Law

    Updated 11-22-2017 at 12:33 PM by ImmigrationLawBlogs

  4. Asylum Outcomes Continue to Depend on the Judge Assigned

    by , 11-21-2017 at 10:40 AM (Matthew Kolken on Deportation And Removal)
    Via Syracuse University's TRAC:

    The outcome for asylum seekers continues to depend on the identity of the immigration judge assigned to hear the case. If you, for example, were one of the 6,922 asylum seekers whose cases were decided in the San Francisco Immigration Court over the last six years, the odds of denial varied from only 9.4 percent all the way up to 97.1 percent depending upon the judge you had. For the 1,233 individuals whose cases were heard by the Newark Immigration Court, the odds of denial ranged between 10.9 percent all the way up to 98.7 percent depending upon the judge you appeared before. Stated another way, the odds of being granted asylum could be as high as 90 percent or as low as 3 percent in these two courts depending upon which immigration judge you were assigned.

    Click here to view a particular judge's report.
  5. Illegal Border Crossing Surging Again

    by , 11-21-2017 at 10:20 AM (Matthew Kolken on Deportation And Removal)

    Via The Washington Times:

    The Trump administration reinstated a de facto catch-and-release policy for illegal immigrants nabbed crossing the border in Texas, with Border Patrol agents being told Wednesday not to even bother turning them over for speedy deportation because there was no bed space, a top agent said.

    The problem, said Brandon Judd, an agent and president of the National Border Patrol Council, is that illegal immigration has surged once again after dipping during the early months of President Trumpís tenure.

    Click here for the rest of the story.

    Updated 11-21-2017 at 10:22 AM by MKolken

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