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Canada wakes up to immigration reality after 'refugees welcome' dream. By Nolan Rappaport

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Justin Trudeau tweeted this message to people “fleeing persecution, terror & war,” which appears to have been a reaction to Trump’s order.

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This tweet illustrates the need to be careful about what one says on a social media website. With a few key strokes on his computer, the Canadian prime minister insulted the president of the United States by implying that his travel ban order, which included a suspension of refugee admissions, was based on religious discrimination.

Also, it gave false hope to desperate, displaced people. People fleeing terror and war are not necessarily “refugees.” They aren’t going to be given refuge on that basis in Canada.

People fleeing persecution may be refugees, but only if their persecution is based on race, religion, political opinion, nationality, or membership in a particular social group.

According to UNHCR, the UN Refugee Agency, 65.6 million people have been displaced from their homes by conflict and persecution, but only 34 percent of them are refugees.

Read more at http://thehill.com/opinion/immigrati...-welcome-dream

Published originally on The Hill.

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.





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Comments

  1. ImmigrationLawBlogs's Avatar
    Did Justin Trudeau just insult the president of the United States, as Nolan Rappaport claims in his above article?

    Oh, No! How dare Trudeau do such a thing to Donald Trump!

    Surely there will be retribution. Even though Trump may not be able to revoke Trudeau's "licence" to issue less than the total adulation that Trump demands of his own cabinet members, as Trump threatened to "revoke" NBC's license - surely Trudeau will have to pay for this episode of lese majeste one way or another.

    This is if Trump is not too busy arranging to blow up the world over his verbal disputes with North Korea's "Rocketman".

    Roger Algase
    Attorney at Law
    Updated 10-26-2017 at 02:25 PM by ImmigrationLawBlogs
  2. ImmigrationLawBlogs's Avatar
    With regard to the substance of Nolan's article, if America's refugee policy under Trump were controlled by humanitarian and moral considerations, rather than by the input of Trump's white supremacist advisers such as Stephen Miller (and former adviser Stephen Bannon), then America would be accepting more refugees and there would be less pressure on Canada, a much smaller country.

    This is not even to mention the fact that if Donald Trump's America continues its slide downwards to the fascism that began with his attacks on Mexicans, Muslims and other racial/religious minorities (just as a certain German Leader seized power by attacking the Jews eight decades ago -what sense does it make to ignore or gloss over some clear similarities, even granted the obvious fact that Trump is neither anti-Jewish nor a supporter of mass murder?), it may not be too long before many of the refugees clamoring for safety in Canada from political, racial or religious persecution in their own country will be citizens of the United States of America.

    Roger Algase
    Attorney at Law
    Updated 10-27-2017 at 11:59 AM by ImmigrationLawBlogs
  3. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    With regard to the substance of Nolan's article, if America's refugee policy under Trump were controlled by humanitarian and moral considerations, rather than by the input of Trump's white supremacist advisers such as Stephen Miller (and former adviser Stephen Bannon), then America would be accepting more refugees and there would be less pressure on Canada, a much smaller country.

    This is not even to mention the fact that if Donald Trump's America continues its slide downwards to the fascism that began with his attacks on Mexicans, Muslims and other racial/religious minorities (just as a certain German Leader seized power by attacking the Jews eight decades ago -what sense does it make to ignore or gloss over some clear similarities, even granted the obvious fact that Trump is neither anti-Jewish nor a supporter of mass murder?), it may not be too long before many of the refugees clamoring for safety in Canada from political, racial or religious persecution in their own country will be citizens of the United States of America.

    Roger Algase
    Attorney at Law

    Roger wasn't able to focus on the substance of my article very long. Just long enough to blame the flood of refugees in Canada on Trump. If he had read my article carefully, he would have noticed that I said the same thing, i.e., that Trump's get tough attitude on immigration enforcement is motivating asylum seekers to go to Canada...thinking their prospects are better there.

    But the rest of the article, which Roger seems to have skimmed too quickly to fully understand, explains that there are far too many displaced persons in the world for Trudeau to be making open invitations to come to Canada where they will be welcome regardless of what religion they have. Or for the United States for that matter.

    Before the refugee flood in Europe, the United States took in more refugees than any other country in the world, and that didn't even amount to one percent of the world's refugee population.

    And incidentally, we have not had great success in helping refugees to become productive members of our society so they can share in the American Dream that makes the U.S. so desirable to immigrants around the world. According to Anna Crosslin, who has been honored as a White House Champion of Change for World Refugees, providing refugees with a safe haven in America is just the first step. http://www.ilw.com/articles/2015,1005-Rapport.pdf

    If Roger really wants to make a difference. Instead of daily Anti-Trump tirades, he should donate half of his income to the UNHCR. They would make good use of it.

    Nolan Rappaport
    Updated 10-27-2017 at 03:09 PM by ImmigrationLawBlogs
  4. ImmigrationLawBlogs's Avatar
    Yeah, America doesn't have enough room for everyone who wants to come here. When did we first hear that?

    Was it at the time of the anti-Irish, anti-Catholic Know Nothings in the mid-19th century? Or was it when the first Chinese Exclusion Law was passed in 1882?

    Maybe it began with the 1924 Johnson-Reed Act which barred Jewish, Italian, and Eastern European immigrants, as well as those from most other parts of the world except for the "Nordic" countries of Europe.

    The point is that "lack of room" has always been an excuse for keeping unwanted minority immigrants out of the US, whether the Jews of yesteryear who were left behind to die in the Holocaust, or Middle Eastern, African and Latin American refugees whose skin colors or religious beliefs don't pass muster with Donald Trump today.

    Don't get me wrong, I am not attributing any of these prejudices, past or present, to Nolan in the slightest. I am only referring to the fact that the excuse that America doesn't have room for everybody who wants to come here has often been used in the past by people who have other agendas besides preserving our wide open spaces.

    For example, Trump has just cut America's level of refugees for the coming year to 45,000, the lowest in decades.

    His leading immigration guru, Stephen Miller, who has been widely accused of having white supremacist views, wanted to cut the total to 15,000 per year.

    Is this because there is no more room in the United States? Or is it because today's refugees are all non-white, with many belonging to a religion that the president of this nation of first amendment religious freedom equality doesn't hold in very high regard?

    Roger Algase
    Attorney at Law
    Updated 10-27-2017 at 04:52 PM by ImmigrationLawBlogs
  5. ImmigrationLawBlogs's Avatar
    It's not just about room. It's also about being able to take care of the world's refugee population. Read the article that I refer you to in my previous comment. http://www.ilw.com/articles/2015,1005-Rapport.pdf

    And if you want to help people but don't like my suggestion to make a large donation to UNHCR, give some thought to helping the homeless people in New York City....which I think is where you live.

    Or are you only interested in helping people from other countries?

    Nolan Rappaport
  6. ImmigrationLawBlogs's Avatar
    My concern is with protecting the rights and freedoms of Americans above all. In order to do that, we have to stand up against discrimination against immigrants.

    When their rights disappear, the rights and freedoms of Americans will be the next to go. That is the basic issue of all in Donald Trump's America.

    If Donald Trump begins by closing the doors of America to refugees, he will end by closing to doors to America's democracy for all of us.

    This is the point that Nolan seems to be missing.

    Roger Algase
  7. ImmigrationLawBlogs's Avatar
    Roger's right. I am missing the point that, "If Donald Trump begins by closing the doors of America to refugees, he will end by closing to doors to America's democracy for all of us."

    That makes no sense to me. Trump isn't closing the doors of America to refugees, and even if that were true, it would not do the same to me or to any other American.

    I think he is just misapplying something from Hemingway's novel "For whom the bell tolls."

    “Any man's death diminishes me, because I am involved in mankind; and therefore never send to know for whom the bell tolls; it tolls for thee.”

    Trump is just insisting on adequate vetting of aliens who are going to be brought to the United States as refugees. That is no different than making Roger walks through a machine before boarding an airplane to see if he is hiding a weapon or explosive on his person. Does that diminish us all too?

    Roger also says, "My concern is with protecting the rights and freedoms of Americans above all. In order to do that, we have to stand up against discrimination against immigrants."


    No, one thing has nothing to do with the other. People trying to come to the US as refugees have no rights at all. None. Trump can get up tomorrow morning, call the Secretary of State and say, "Until further notice, stop processing refugee applications." And there is nothing anyone could do to force him to take back that directive.

    But the more interesting thing is that Roger ignored my suggestion to make a large donation to the UNHCR, which really would help refugees.

    And he ignored my suggestion to help the homeless in New York, which is where he lives. He could invite a homeless family to have dinner at his apartment. Anyone think they would say "no" to that invitation and tell him to spend his time helping refugees instead because that is more important to them?

    Roger can't help refugees or any other aliens by complaining about Trump on ILW.com every day. His complaints have no effect at all on what Trump does.

    Nolan Rappaport
    Updated 10-27-2017 at 10:38 PM by ImmigrationLawBlogs
  8. ImmigrationLawBlogs's Avatar
    Nolan also misses the big picture by focusing on the refugee issue as if were isolated from Trump's larger policy of appalling cruelty and inhumanity toward immigrants who may not happen to have the white skin color and ancestry which he so clearly prefers. See my October 26 (as updated October 27) ilw.com post:

    "DHS Waits Outside Hospital Room to Arrest Cerebral Palsy Child for Deportation,
    While Immigration Prison Executives Enjoy Trump's Resort

    http://blogs.ilw.com/entry.php?10196

    The big issue is not only what is happening to refugees and disabled children who don't happen to fit in with the vision that Trump and his white nationalist supporters have for what America should look like, but what is happening to the heart and soul of America itself, as Trump continues to use "immigration enforcement" as a pretext to drag the country further down into the cesspool of nationalism, authoritarisnism and white supremacy.

    Roger Algase
    Attorney at Law
    Updated 10-28-2017 at 12:58 AM by ImmigrationLawBlogs
  9. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    Nolan also misses the big picture by focusing on the refugee issue as if were isolated from Trump's larger policy of appalling cruelty and inhumanity toward immigrants who may not happen to have the white skin color and ancestry which he so clearly prefers. See my October 26 (as updated October 27) ilw.com post:

    "DHS Waits Outside Hospital Room to Arrest Cerebral Palsy Child for Deportation,
    While Immigration Prison Executives Enjoy Trump's Resort

    http://blogs.ilw.com/entry.php?10196

    The big issue is not only what is happening to refugees and disabled children who don't happen to fit in with the vision that Trump and his white nationalist supporters have for what America should look like, but what is happening to the heart and soul of America itself, as Trump continues to use "immigration enforcement" as a pretext to drag the country further down into the cesspool of nationalism, authoritarisnism and white supremacy.

    Roger Algase
    Attorney at Law
    Everything I said about Roger's Trump tirades not helping refugees applies to the "big picture" of all immigrants too. He will never help a single alien with his daily Trump tirade blogs.

    And he is yet to respond to my point that he would be able to help refugees by making donations to UNHCR. Or that he could help the homeless of New York City, desperate people he probably sees every day when he goes to and from his office.

    Nolan Rappaport
  10. ImmigrationLawBlogs's Avatar
    If Nolan had a real response to the central issue of Trump's war against non-white immigrants, of which his cutting off all but a few refugee admissions is only one example, Nolan would not be wasting readers' time and attention with speculations about which charitable donations I might or might not be making - and I do make some, just as I am sure Nolan does also.

    With all due respect to Nolan, I do not think that kind of personal information is of very much interest or concern to ilw.com readers.

    However, even though this is also off topic, I note Jimmy Carter now evidently agrees that Trump is getting a bum rap from the media, according to the latest news.

    I have been very critical of Trump's attacks on the media, which I think are just as dangerous to our democracy as his attacks on immigrants.

    But I have great respect for Jimmy Carter (who, incidentally, had his own refugee crisis to handle, known as the Mariel boat people from Cuba).

    If Carter thinks that the media are being unfair Trump, I for one, would take this comment quite seriously.I am sure Nolan would not disagree.

    Having said this, if Trump were not so attached to white nationalism as a basis for his immigration policies, including but not limited to refugees, he would be giving the media less ammunition to use against him.

    Roger Algase
    Attorney at Law
    Updated 10-28-2017 at 02:26 PM by ImmigrationLawBlogs
  11. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    If Nolan had a real response to the central issue of Trump's war against non-white immigrants, of which his cutting off all but a few refugee admissions is only one example, Nolan would not be wasting readers' time and attention with speculations about which charitable donations I might or might not be making - and I do make some, just as I am sure Nolan does also.

    With all due respect to Nolan, I do not think that kind of personal information is of very much interest or concern to ilw.com readers.

    However, even though this is also off topic, I note Jimmy Carter now evidently agrees that Trump is getting a bum rap from the media, according to the latest news.

    I have been very critical of Trump's attacks on the media, which I think are just as dangerous to our democracy as his attacks on immigrants.

    But I have great respect for Jimmy Carter (who, incidentally, had his own refugee crisis to handle, known as the Mariel boat people from Cuba).

    If Carter thinks that the media are being unfair Trump, I for one, would take this comment quite seriously.I am sure Nolan would not disagree.

    Having said this, if Trump were not so attached to white nationalism as a basis for his immigration policies, including but not limited to refugees, he would be giving the media less ammunition to use against him.

    Roger Algase
    Attorney at Law
    Roger still has not responded to my main point in these comments, which is that he will never accomplish anything with his daily complaints about Trump's immigration policy.

    Nolan Rappaport
  12. ImmigrationLawBlogs's Avatar
    I am sorry to see that Nolan apparently has so little confidence in the ability of people who speak out against perceived governmental injustices or harmful policies to accomplish any change.

    If George Washington, Thomas Jefferson, Tomas Paine or Benjamin Franklin had had such an attitude, there would be no United States of America today.

    If Theodore Herz, Chaim Weizman and many other Jewish leaders had remained silent on issues affecting the Jewish people, there would never have been a State of Israel.

    I am of course not comparing myself with any of the above individuals.

    More specific to the immigration context, the historic 1965 immigration reform law, which ended 40 years of the bigoted, anti-Jewish, anti-Asian, and anti-other non-"Nordic" immigration policies of the 1924 Immigration Act (which Stephen Bannon, Jeff Sessions and other past and present Trump immigration advisers still have had kind words for - and which Trump himself indirectly praised in an August 31, 2016 immigration address as a presidential candidate) did not come about all by itself.

    It took many years of speaking out against the pre-1965 immigration system, which added to the Holocaust death toll and which Adolf Hitler praised in Mein Kampf, before it was finally abolished.

    Does Nolan think that the critics of that racially bigoted, anti-Semitic 1924 immigration law were speaking out to no purpose and should have kept silent?

    I very much doubt it.

    Roger Algase
    Attorney at Law


    Updated 10-28-2017 at 04:09 PM by ImmigrationLawBlogs
  13. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    I am sorry to see that Nolan apparently has so little confidence in the ability of people who speak out against perceived governmental injustices or harmful policies to accomplish any change.
    .....
    Roger Algase
    Attorney at Law


    We don't seem to be able to communicate. I have told you many times that your comments about Trump are extremely offensive. That's why you have no chance of having an impact on what he does, not because the opinions of individual Americans don't count.

    If I didn't believe that the opinions of individuals can matter, I wouldn't be writing an op-ed every week for The Hill. In fact, I think the idea for the notorious Travel Ban came from one of my articles. "If he is elected to the presidency, Donald Trump will have statutory authority to suspend the entry of all Muslim aliens," (April 20, 2016), http://www.ilw.com/articles/2016,0420-Rappaport.pdf

    "I predict that he would develop a criterion for the proclamation that would be similar to the one recently established by the overwhelmingly bipartisan Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015,7 which was enacted to prevent terrorists from using the Visa Waiver Program (VWP). Nationals who enter under the VWP are not subjected to the scrutiny of the visa application process. The Visa Waiver Program Improvement and Terrorist Travel Prevention Act prohibits travelers who are in one of the following categories from using the VWP:


    • Nationals of VWP countries who have been present in Iraq, Syria, or countries listed under specified designation lists at any time on or after March 1, 2011 (with limited government/military exceptions); and

    • Nationals of VWP countries who are also nationals of Iraq, Syria, Iran, or Sudan."


    I mention that a ban might be found unconstitutional if it were based on religious, but it never occurred to me that anyone would think a ban based on that criterion might be called religious discrimination.

    Nolan Rappaport
    Updated 10-28-2017 at 07:51 PM by ImmigrationLawBlogs
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