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Democrats out of order on DREAM Act. By Nolan Rappaport

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Democrats are threatening to block funding legislation that is needed to keep the government running unless the Republicans pass the DREAM Act of 2017, which would provide conditional permanent resident status for undocumented aliens whose parents brought them to the United States illegally when they were children.

The Democrats have been trying unsuccessfully to get a DREAM Act passed for 16 years, and they are not likely to succeed with the DREAM Act of 2017 either.

It was introduced in the Senate on July 20, 2017. An identical version was introduced in the House on July 26, 2017. Neither has had hearings or markups, which are required by what is referred to as the “regular order.”


If the DREAM Act is passed without going through the checks and balances that are provided by regular order, it will represent little more than the partisan views of those who wrote it.


When President Obama gave up on passage of a DREAM Act during his administration, he established the Deferred Action for Childhood Arrivals (DACA) program to give them temporary lawful status.

According to USCIS data, there were 690,000 DACA participants when President Trump terminated the program on Sept. 5, 2017, subject to a six-month grace period to give Congress a chance to help them with legislation.


Democratic leaders Rep. Nancy Pelosi (D-Calif.) and Sen. Chuck Schumer (D-N.Y.) are urging Congress to pass the DREAM Act before the grace period expires, but DACA participants are not going to be in danger of being deported when that period expires.

Read more at http://thehill.com/opinion/immigrati...rnd=1515255525


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.

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Updated 01-08-2018 at 08:42 AM by ImmigrationLawBlogs

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  1. ImmigrationLawBlogs's Avatar
    Updated: January 12, 2018:

    On January 11, Trump took himself and America down to a new low in the depths of anti-immigrant hate by making the following comment during a White House meeting with Congressional figures to discuss DACA, as reported in every major media outlet in America:

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

    Unlike the case with some of other of Trump's comments showing racist venom against immigrants of color, there was no attempt by the White House to deny that the president made this despicable remark. Instead, incredibly,a White House spokesman tried to defend it, according to many news reports (and a Fox News commentator actually praised it, according to a story in The Hill).

    Is any further proof needed that Trump's entire immigration agenda, not only his DACA termination, is motivated by the most vile and obvious form of racism and white supremacy? These hate-filled comments are a disgrace to America and to every decent American, and will define Trump's presidency for future historians more than anything else that may happen during his tenure in office.

    For further details about this disgraceful episode, which disqualifies Trump to remain in the White House a single day longer, see:

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

    My original comment follows:

    Nolan overlooks the fact that the president is demanding, as a condition of his agreement to sign any Congressional legislative solution for DACA, that the Democrats agree to radical changes in the current legal immigration system which would eliminate visa categories that are extremely important for non-white immigrants.

    See, thinkprogress.org:

    Trump tweets a white nationalist ransom note to immigrants

    https://thinkprogress.org/trump-twee...-00b289165158/


    Trump wants to eliminate a large part of the family immigration system (which he refers to by the pejorative and misleading term "chain migration" while making wild and delusional statements such as that the perpetrator of a recent terror attack in New York had sponsored "22 or 23" relatives to immigrate - something which even Mark Krikorian of Center of Immigration Studies, a long time advocate for reducing immigration levels, said was "impossible").

    Trump is also demanding that the Democrats agree to eliminate the Diversity visa, which has enabled many African immigrants, among more than a million mainly non-white immigrants over the past two decades, to come to the United States legally.

    Trump has also put the entire power and prestige of his presidency (whatever is left of it, according to Michael Wolff's new book "Fire and Fury") behind the RAISE Act, which would be a major step backward toward the Europeans-only immigration system which America had for 40 years prior to 1965. See my January 7 ilw.com comment on this bill.

    Nolan refers to an old tweet indicating that Trump wants to help the DREAMERS, which is all well and good.

    But Nolan does not mention much more recent tweets and other statements by the president imposing the draconian conditions mentioned above, which it is impossible for the Democrats (or responsible Republicans of good will) to agree to as a condition of agreement to a DAXA extension.

    In the face of the president's impossible demands that the Democrats agree to dismantle most, if nor all, of the race-neutral immigration system that America has had for the past 50 years, and move back toward a previous whites-only legal immigration system as a condition for his agreeing to a DACA extension bill, what difference does it make to engage in wrangling over the details of the DACA extension legislative process in Congress, as Nolan's article is doing?

    If there is a DACA bill that comes out of Congress, Trump has indicated that he will not sign it anyway, without the above conditions (not to mention his demand for Mexican Border Wall funding - another means of despising and humiliating non-white immigrants)
    Roger Algase
    Attorney at Law
    Updated 01-13-2018 at 07:25 AM by ImmigrationLawBlogs
  2. ImmigrationLawBlogs's Avatar
    You have to make a distinction between DACA and the DREAM Act. There are only 790,000 undocumented aliens participating in the DACA program. They are the ones Trump said he will help if congress doesn't. The DREAM Act would make legalization available to 3.4 million undocumented aliens. The conditions are to enact the DREAM Act, not to help the DACA participants.

    And my article says that the DREAM Act needs to go through the checks and balances of the legislative process, not the DACA program. The DREAM Act is unacceptably partisan as currently written. Read my article if you want to know why I say that.

    Nolan Rappaport
  3. ImmigrationLawBlogs's Avatar
    OK, Nolan has a valid point about the distinction between extending DACA and the DREAM Act, which would, as he describes it, include many more people.

    But that still doesn't answer my point that Trump. is, based on hie most recent comments, refusing to agree to any proposal that would help even the smaller number of present DACA recipients unless his demands to dismantle large parts of the current immigration system which has enabled some 30 to 40 million overwhelmingly peaceful, law-abiding, self-supporting (yes, there have been some bad apples in every government program in the history of the world) mainly non-white immigrants to immigrate to the US legally in the past several decades are accepted by the Democrats - which is impossible, as the president well knows.

    In essence, the president is saying to the Democrats (as well as moderate Republicans): "Fine, I'll do something to help the 7 or 8 hundred thousand DACA recipients whose program I terminated - but only if you agree to my white nationalist, Europeans only, immigration agenda".

    Roger Algase
    Attorney at Law

    Updated 01-08-2018 at 10:04 AM by ImmigrationLawBlogs
  4. ImmigrationLawBlogs's Avatar
    The conditions are for the DREAM Act, not to help the DACA participants. The Democrats demand the DREAM Act but justify it by saying it's necessary to save the DACA participants. This has distorted what the negotiations with Trump are about.

    In any case, there is no reason to believe that he is going to target the DACA participants for deportation when the six month DACA grace period expires.

    l agree that the Democrats are not going to accept his conditions. The rigidity of their demands and their refusal to make meaningful concessions to the republicans are the reason why we haven't had a major legalization program in more than 30 years.

    Nolan Rappaport
  5. ImmigrationLawBlogs's Avatar
    According to every news report I have seen, Trump is holding everything related to DACA, not just an expanded DREAM Act, hostage to agreement by the Democrats to his full immigration agenda, including not only the Wall, but abolishing the Diversity Visa and sharply reducing family immigration (which he calls "chain migration").

    Therefore, the whole point of Nolan's article, namely that Trump would agree to extend DACA in its current form if the Democrats scale back their own demands, is without foundation.

    Trump is clearly holding DACA hostage to what has justifiably been called a white nationalist, Europeans-only immigration agenda.

    For a report from TIME, long recognized as a reliable news source, with no ax to grind on either side of the immigration issue, on what Trump really said, see:

    http://time.com/5091353/donald-trump-daca-wall/

    Roger Algase
    Attorney at Law
    Updated 01-08-2018 at 11:53 AM by ImmigrationLawBlogs
  6. ImmigrationLawBlogs's Avatar
    Roger says, "According to every news report I have seen, Trump is holding everything related to DACA, not just an expanded DREAM Act, hostage to agreement by the Democrats to his full immigration agenda, including not only the Wall, but abolishing the Diversity Visa and sharply reducing family immigration (which he calls "chain migration").

    Therefore, the whole point of Nolan's article, namely that Trump would agree to extend DACA in its current form if the Democrats scale back their own demands, is without foundation."

    The Democrats have misrepresented the situation by obscuring the distinction between DACA and the DREAM Act. But I never said or indicated in any way that I think Trump is willing to extend DACA in its current form. My proposal, which I made in my previous article, is to maintain DACA temporarily for the current participants in return for funds to finish the 700 mile fence madated by the Fence Act.

    And that has nothing to do with my current article, which is about the need for hearings and markups on the DREAM Act. The title to the article is, "Democrats out of order on DREAM Act"

    Roger says, "Trump is clearly holding DACA hostage to what has justifiably been called a white nationalist, Europeans-only immigration agenda."

    Roger, you know I find those claims extremely offensive, yet you insist on making them in comments to almost every article I write. Why?

    Nolan Rappaport
  7. ImmigrationLawBlogs's Avatar
    Trump's white nationalist immigration agenda is extremely offensive, and it is an insult to every citizen of this great country which was founded on the principle of the equality of all people.

    Trump and his Congressional supporters are, step by step, and piece by piece, undoing the great immigration reform law of 1965 which abolished the bigoted, white supremacist anti-Jewish, anti-Asian and anti-Middle Eastern/African immigration anti-Middle Eastern act of 1924.

    Every time Trump and his Republican supporters try to tear down any part of the 1965 edifice of racial tolerance and equality in immigration, there is always some pretext: one person (out of 30 or 40 million who have immigrated legally with the same type of family based visa in the past half century) engaged in a terror attack killing 8 people a few months ago, etc., etc. Therefore, Trump wants to abolish the extended family green card.

    He also wants to abolish the Africa-friendly Diversity visa, because the people who use it are "not skilled" enough, while at the same time, he is trying to cut back on H-1B the H-1B visa, which is used mainly by skilled immigrants from India and China, as opposed to Europe.

    For my further comments on this particular example of presidential hypocrisy, see:

    http://blogs.ilw.com/entry.php?10321

    One of the most distinguished immigration law professors in America, former USCIS general counsel Stephen Legomsky, whose immigration law textbook is the standard text at some 185 US law schools, called out this kind of hypocrisy and scapegoating of minority immigrants in a January 4 article which I highly recommend for Nolan to add to his reading list. See: The Hill

    Trump lumps all immigrants together at America's risk

    http://thehill.com/opinion/immigrati...-americas-risk

    Why do I mention Trump's attempts to use one pretext after another to ban entire groups of non-white immigrants from the United States or abolish the visas which allow them to come here legally, in response to many of Nolan's articles?

    Because in one way or another, the subjects of most of these articles have been related in one way or another to Trump's white supremacist, Europeans ueber alles immigration agenda, and they can only be fully understood as being part of that agenda.

    This is not to say that Nolan himself supports such an agenda. Clearly, he does not, and I do not mean to suggest even remotely that he does.

    But I am talking about Trump's immigration agenda in these columns, not Nolan's, mine or anyone else's views, because right now, Trump's are the ones that count - more than everyone else's views put together.

    Therefore, it is important to understand what these views are, and not to side-step that issue.

    In the case of the instant article by Nolan, since it is obvious that Trump will oppose any DACA legislation that does not also abolish or substantially cut back the most important sources of immigration from non-white parts of the world anyway, what is the point of arguing over how many people the Democrats would like to get benefits from in their DACA extension/DREAM Act proposals?

    It is clear that, as long as Trump remains in office (and again, in that connection, I suggest Michael Wolff's new book Fire and Fury as a good read, without expressing any opinion on it myself, as I have not seen or read it more than short excerpts from it) no DACA extension legislation is going to get signed by this president, even if Congress passes such bill, no matter how much the Democrats might agree to scale back their DACA objectives according to Nolan's suggestions.

    Roger Algase
    Attorney at Law
    Updated 01-08-2018 at 06:29 PM by ImmigrationLawBlogs
  8. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    Trump's white nationalist immigration agenda is extremely offensive, and it is an insult to every citizen of this great country which was founded on the principle of the equality of all people.

    Trump and his Congressional supporters are, step by step, and piece by piece, undoing the great immigration reform law of 1965 which abolished the bigoted, white supremacist anti-Jewish, anti-Asian and anti-Middle Eastern/African immigration anti-Middle Eastern act of 1924.

    Every time Trump and his Republican supporters try to tear down any part of the 1965 edifice of racial tolerance and equality in immigration, there is always some pretext: one person (out of 30 or 40 million who have immigrated legally with the same type of family based visa in the past half century) engaged in a terror attack killing 8 people a few months ago, etc., etc. Therefore, Trump wants to abolish the extended family green card.

    He also wants to abolish the Africa-friendly Diversity visa, because the people who use it are "not skilled" enough, while at the same time, he is trying to cut back on H-1B the H-1B visa, which is used mainly by skilled immigrants from India and China, as opposed to Europe.

    For my further comments on this particular example of presidential hypocrisy, see:

    http://blogs.ilw.com/entry.php?10321

    One of the most distinguished immigration law professors in America, former USCIS general counsel Stephen Legomsky, whose immigration law textbook is the standard text at some 185 US law schools, called out this kind of hypocrisy and scapegoating of minority immigrants in a January 4 article which I highly recommend for Nolan to add to his reading list. See: The Hill

    Trump lumps all immigrants together at America's risk

    http://thehill.com/opinion/immigrati...-americas-risk

    Why do I mention Trump's attempts to use one pretext after another to ban entire groups of non-white immigrants from the United States or abolish the visas which allow them to come here legally, in response to many of Nolan's articles?

    Because in one way or another, the subjects of most of these articles have been related in one way or another to Trump's white supremacist, Europeans ueber alles immigration agenda, and they can only be fully understood as being part of that agenda.

    This is not to say that Nolan himself supports such an agenda. Clearly, he does not, and I do not mean to suggest even remotely that he does.

    But I am talking about Trump's immigration agenda in these columns, not Nolan's, mine or anyone else's views, because right now, Trump's are the ones that count - more than everyone else's views put together.

    Therefore, it is important to understand what these views are, and not to side-step that issue.

    In the case of the instant article by Nolan, since it is obvious that Trump will oppose any DACA legislation that does not also abolish or substantially cut back the most important sources of immigration from non-white parts of the world anyway, what is the point of arguing over how many people the Democrats would like to get benefits from in their DACA extension/DREAM Act proposals?

    It is clear that, as long as Trump remains in office (and again, in that connection, I suggest Michael Wolff's new book Fire and Fury as a good read, without expressing any opinion on it myself, as I have not seen or read it more than short excerpts from it) no DACA extension legislation is going to get signed by this president, even if Congress passes such bill, no matter how much the Democrats might agree to scale back their DACA objectives according to Nolan's suggestions.

    Roger Algase
    Attorney at Law
    This has nothing to do with my article, which is about the need to move the DREAM Act of 2017 through the entire legislative process instead of pushing it through out of regular order.

    If you took a Rorschach Test (inkblot test), you would see Trump's white supremecist polices in the random ink blots.


    Nolan Rappaport
  9. ImmigrationLawBlogs's Avatar
    Update, January 13, 2018 at 8:15 am:

    Here once again (see also above) is a "random ink blot" about the real purpose and meaning of Trump's immigration agenda, in the exact words of the 45th president of the United States of America, Donald Trump, at a meeting with Congressional figures on January 11, 2018 to discuss DACA policy, as quoted in every major news outlet in America:

    "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"

    That is my Trump Rorschach ink blot test result for now.

    For my further comments on Trump
    s cesspool of hate against dark skinned immigrants
    s and preference for "Nordic" ones along the same lines as Adolf Hitler and the American "Eugenics" racists who brought about the bigoted 1924 immigration act which Hitler so admired, see my ilw.com comment:

    http://blogs.ilw.com/entry.php?10330

    If the DREAM Act or any DACA related proposal that might pass Congress is going to be vetoed by the president anyway, as he has in effect promised both in a much more recent tweet than the old one which Nolan referred to and in a barely coherent NY Times interview from which which I quoted verbatim in a recent blog comment of my own (not to mention, confirming statements by WH press secretary Sanders), how is that unrelated to Nolan's article?

    Nothing could be more directly on point. Nolan's claim that the president really wants to help DACA recipients but is being prevented by Democratic overreach in Congress is completely inconsistent with Trump's own recent statements that he will not agree to a DACA solution unless his demand to abolish two key visa programs which benefit mainly non-white immigrants are agreed to - which will never happen.

    I have provided the links to these statements above and Nolan has not refuted my evidence that the president actually made the statements I refer to.

    With regard to my general point that Trump's immigration agenda involves dismantling the race-neutral 1965 immigration system by eliminating visas that have benefited mainly non-white immigrants piece by piece, using the strategy of blaming millions of immigrants in categories such as family immigration or the Diversity visa for the actions of one or two deranged radicalized individuals who came into the US legally as children, the evidence of this pattern in the president's own statements and actions is overwhelming.

    Whether this agenda of incrementally returning our immigration system to the 1924 whites-only one which Trump's AG, Jeff Sessions, praised so highly as a senator in 2015 (and which Adolf Hitler also wrote favorably about nine decades before in Mein Kampf) is related or not to questions which keep popping up in the media about Trump's mental health is an issue which I have no intention of commenting on since I am not a psychiatrist.

    If Trump is fully in his right mind and completely in control of his faculties while trying to move America back toward a whites only immigration regime, rather than doing this as a symptom of mental incapacity of one kind or another, that is even worse than if he is trying to impose a white supremacist immigration agenda out of some kind of condition over which he might, according to some experts, have no control.

    See: New York Times, November 30, 2017:

    Psychiatrists Warn about Trump's Mental State

    https://www.nytimes.com/2017/11/30/o...sts-trump.html

    Roger Algase
    Attorney at Law
    Updated 01-13-2018 at 07:30 AM by ImmigrationLawBlogs (3)
  10. ImmigrationLawBlogs's Avatar
    Trump has, once again, made clear that even though he "loves" DACA holders, he will not agree to any bill to help them unless it also includes abolishing the Diversity Visa lottery and a substantial part of family immigration.

    See, The Hill: (January 9):
    Trump: Immigration solution should be a "bill of love"

    (Link to be provided.)

    It is nice to know that Trump "loves" DREAMERS.

    It is only too bad that he loves his white nationalist, Europeans only immigration agenda even more.


    Roger Algase
    Attorney at Law

    Updated 01-09-2018 at 01:29 PM by ImmigrationLawBlogs
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