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Forcing 1-Year-Old Babies to Defend Themselves in Immigration Court is Beyond Cruel and Insane. It Might be Crime Against Humanity. Roger Algase

Rating: 2 votes, 3.00 average.
The following comment has been expanded and updated as of July 9 at 8:59 am:

Every president leaves behind a legacy, or at least is remembered for one or a very few things in particular.

Donald Trump seems to be doing everything possible to make sure that, more than any other president in our history (since he did not start this travesty, but is instead putting previous abuses on steroids) he will be remembered, not only as the president who was so obsessed with keeping Hispanic and other non-white immigrants out of the United States that he tore more than 2,000 young children from their parents and put them in shackles, cages, empty office buildings and desert tents, but the president who forced one-year old children to bone up on US immigration law sufficiently to be able to defend themselves before judges in deportation hearings.

And, as thinkprogress.org reports, his administration is doing so after, in many cases, the parents of the children involved have already agreed to accept deportation after being lied to by DHS officers who told them that once deported, they would be reunited with their children. It now appears that many of these deported Central American parents might never be reunited with or see their children again.

https://thinkprogress.org/migrant-to...-8474ea86129d/

The above horrifying report raises a perfectly legitimate question as to whether "removal hearings" under the above conditions deserve to be called judicial or legal proceedings at all, at least as these have been understood during the 5,000 years during which proceedings under the name of law have been recorded throughout human history, beginning with ancient Egypt and Babylonia

https://www.britannica.com/topic/cuneiform-law

or whether America's current immigration court proceedings involving young children should more properly be called a crime against humanity, as a June 23 article in the Harvard Crimson suggests. See:

Should We Send Trump to the Hague?


https://www.thecrimson.com/column/af...rump-to-hague/

For more about the ramifications of Trump's child separation policy, which has now been officially cancelled, but which is still causing what may be irreparable damage to many Central American and other non-white immigrant children and their families, see The Guardian, June 5:

https://www.theguardian.com/us-news/...n-from-parents

I will leave it to Donald Trump. Jeff Sessions and Stephen Miller, the architects of this regime's immigration agenda, to answer this question.

However, while they are figuring this out, it is also important to note that these terrible abuses, this cruel mockery of any concept that has ever gone under the name of Rule of Law, are not isolated policy decisions. They are part of a larger picture of a president, and his administration, who are determined to roll back a half century of progress toward racial justice and equal opportunity for immigrants to America from all parts of the world, not just white Europe, as was the case under the openly bigoted 1924 "Nordics-only" national origins immigration act which Sessions had such high praise for in his immigration "Handbook" for Congressional Republicans authored in January, 2015, only three and a half years ago.

The crying, screaming babies and other terrified young children who are being dragged into immigration court after being torn away from parents whom they might never see again and told by the Trump regime that they have to represent themselves in front of often confused immigration judges, who could never have imagined while they were in law school that they would ever have to preside over such a travesty, are only part of a larger picture.

This larger picture also includes potentially hundreds of thousands, if not millions, of other immigrant families who are facing the prospect of being split up by Trumps' assault on legal immigration from countries which are "not like Norway" - his attempt to abolish extended family immigration and the Diversity Visa; his revocation of TPS for hundreds of thousands of immigrants who have been living in America peacefully and productively for many years but lack the president's essential immigration requirement of having a light-colored skin; his DACA cancellation; his Muslim Ban which has just been upheld by a Supreme Court which is now on the point of becoming even more right wing and authoritarian as we speak; and even Trump's hypocritical attempts to make employment-based H-1B and other legal visas and green cards much more difficult - unless, of course, the sponsored immigrants happen to be working at Mar-a-Lago.

And the crying, screaming devastated young children who are now being dragged into immigration court without parents, without lawyers (in many cases) and without the faintest idea of what is going on or ability to stand up for themselves, are only the beginning of a movement which, based on Trump's campaign statements and those of many of the anti-immigrant zealots who helped him gain the presidency despite losing the popular vote to Hillary Clinton by almost 3 million votes, could very soon lead to millions of American-born children - and adults, losing their birthright US citizenship - again for having the "wrong" skin color.

https://www.cnn.com/2018/04/18/polit...nia/index.html

When this happens, as it very likely will begin to if Trump survives the Mueller investigation into his assorted alleged scandals, and especially if he wins another term (or, not inconceivably, becomes president for life under our fragile and easily overturned constitution), the screaming babies now being hauled into his deportation courts will very possibly not be the only brown-skinned people in America who may have quite a lot to cry about.
_______________________
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 obtain work visas and green cards. His practice is focused on work visas through specialty occupation (H-1B) and extraordinary ability (O-1), as well as green cards through labor certification and through marriage or other family relationships.

Roger also writes about immigration law from the standpoint of racial equality, equal justice before the law and fundamental human rights, all of which are now under unprecedented attack. His email address is
algaselex@gmail.com

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Updated 07-16-2018 at 10:17 PM by ImmigrationLawBlogs

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Comments

  1. MKolken's Avatar
    You are incorrectly minimizing the abuses perpetrated by the Obama administration. Obama is also a human rights violator, and should be charged as such. It is good that these issues are coming to light now, but it is bad that it took a Republican in the White House for Democrats to care about the torture, abuse, and neglect of refugee children.

    But that is the point isn't it. Democrats don't really care about the plight of immigrant children. If they did care they would have called for Obama's impeachment after his first year in office.

    What this is about is attacking Trump.

    See:

    https://www.pbs.org/newshour/show/la...court-stay-u-s

    https://www.washingtonpost.com/world...=.85dbde1f6452

    http://blogs.ilw.com/entry.php?9203-...s-Already-Here
    Updated 07-09-2018 at 09:43 AM by MKolken
  2. ImmigrationLawBlogs's Avatar
    I never said that Trump was the first or only immigrants' human rights violator. Nor was there any excuse for Obama's mass deportation. But as far as I know, Trump's numbers are much worse and cruelty more widespread and pervasive than under Obama.

    And even if this were not the case, Trump is now the president, not Obama. Trump owns the abuses that are happening right now.

    And, bad as Obama certainly was, I don't recall any of his speeches accusing non-white immigrants of being "animals" or "infesting" the US as if they were rats or vermin.

    If Obama ever referred to African or other non-European immigrants as people from "shithole" countries, or tried to get the laws changed to take away their access to legal visas, as Trump is now advocating, I would like to see the citations or links.

    To use a different (and admittedly less than perfect or exact) analogy, there was also widespread antisemitism and discrimination against Jews in the German Weimar Republic.

    Then came 1933.

    Roger Algase
    Attorney at Law
    Updated 07-16-2018 at 10:17 PM by ImmigrationLawBlogs
  3. ImmigrationLawBlogs's Avatar
    By the way Roger, what should ICE do with the babies that are brought here by alien parents making an illegal entry, or are brought across illegally by smugglers?

    And why are you still blaming Trump for taking children away from alien parents being prosecuted for an illegal entry. He has issued an executive order stopping the practice, and it wasn't his choice in the first place. He was required by the Flores settlement to release them in no more than 20 days.

    Nolan Rappaport
  4. ImmigrationLawBlogs's Avatar
    Is Nolan saying that the issue of Trump's inhuman child separation policy issue has been resolved?

    That is not what the news reports are saying.

    https://www.cnn.com/2018/07/09/polit...ine/index.html

    Admittedly, however, despite evident failure by the Trump administration to keep proper records relating to the children and otherwise prepare for the eventuality that reunification would need to take place sooner or later, the DOJ is making efforts to comply with a court order and has already reunited at least a few of the youngest separated children.

    This shows that America is still functioning as a democracy in the Donald Trump era (though a far from perfect one).

    In a real dictatorship, judges who issue orders to the executive to do something against the ruler's will wind up in jail themselves - or dead.

    Thankfully, even though Trump has not included judges (or journalists, that other hallmark of free society) in general as being among his favorite people, America is not the Russia of Vladimir Putin or the North Korea of Jim Long Un (to mention two foreign tyrants whom Trump has arranged meetings with and praised more highly than many democratic leaders).

    America may be committing crimes against humanity with regard to young immigrant children of the "wrong" skin color (as a protester's sign claims as shown in the above CNN report) and otherwise heading toward dictatorship under Donald Trump.

    Fortunately, we are not there yet.

    Roger Algase
    Attorney at Law
    Updated 07-16-2018 at 10:17 PM by ImmigrationLawBlogs
  5. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    Is Nolan saying that the issue of Trump's inhuman child separation policy issue has been resolved?

    That is not what the news reports are saying.

    https://www.cnn.com/2018/07/09/polit...ine/index.html

    Admittedly, however, despite evident failure by the Trump administration to keep proper records relating to the children and otherwise prepare for the eventuality that reunification would need to take place sooner or later, the DOJ is making efforts to comply with a court order and has already reunited at least a few of the youngest separated children.

    This shows that America is still functioning as a democracy in the Donald Trump era (though a far from perfect one).

    In a real dictatorship, judges who issue orders to the executive to do something against the ruler's will wind up in jail themselves - or dead.

    Thankfully, even though Trump has not included judges (or journalists, that other hallmark of free society) in general as being among his favorite people, America is not the Russia of Vladimir Putin or the North Korea of Jim Long Un (to mention two foreign tyrants whom Trump has arranged meetings with and praised more highly than many democratic leaders).

    America may be committing crimes against humanity with regard to young immigrant children of the "wrong" skin color (as a protester's sign claims as shown in the above CNN report) and otherwise heading toward dictatorship under Donald Trump.

    Fortunately, we are not there yet.

    Roger Algase
    Attorney at Law
    I didn't say that all of the children who were taken from their parents have been reunited. I said that Trump has stopped the practice of separating them. Reuniting them is another matter, and the Trump administration is doing that as quickly as it can.

    Roger is quick to seize on anything he thinks can be used to criticize Trump, but there is more involved in reuniting them than just how quickly it is down. Trump has to be sure that he is returning the kids to people who are really their parents.

    And in typical fashion, Roger has not responded to any of the points I made in my comment. His interest in these issues doesn't go much beyond finding things he can use to attack Trump or his AG.

    I would particularly like to know why he isn't upset about the fact that so many American children are being separated from parents who are in prison, which is what will happen to the alien parents in this situation if they are caught making a second illegal entry (for up to two years). I suspect it is because he hasn't figured out a way to blame Trump for that situation....yet.

    Nolan Rappaport
    Updated 07-10-2018 at 08:32 AM by ImmigrationLawBlogs
  6. ImmigrationLawBlogs's Avatar
    Nolan is correct in concluding that, under present circumstances, I am not a big supporter of America's 45th president or his administration. I might be more sympathetic to both if Trump had stuck more closely to the principles he set forth almost 20 years ago in a 1999 op-ed in the LA Times as a private citizen.

    In that op-ed, Trump criticized another well-known immigration opponent (and later unsuccessful presidential candidate) Patrick Buchanan, for trying to use attacks on immigrants and other minorities to gain political power.

    https://www.jweekly.com/2017/09/06/p...-pat-buchanan/

    Trump is now following in Buchanan's footsteps (minus, of course, Buchanan's antisemitism and outrageous attempts to defend Hitler, which Trump strongly condemned in that same op-ed), with, unfortunately, much greater success.

    Roger Algase
    Attorney at Law
    Updated 07-16-2018 at 10:18 PM by ImmigrationLawBlogs
  7. MKolken's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    Trump's numbers are much worse and cruelty more widespread and pervasive than under Obama.
    False. The abuses were just as widespread and pervasive. Democrats just didn't care to notice.

    Quote Originally Posted by ImmigrationLawBlogs
    And, bad as Obama certainly was, I don't recall any of his speeches accusing non-white immigrants of being "animals" or "infesting" the US as if they were rats or vermin.
    This is typical language of an Obama apologist: Obama wasn't a human rights violator because he said nice things.

    I really don't care what politicians say... I only care about what they do.
  8. ImmigrationLawBlogs's Avatar
    With the highest respect to Matt as an immigration expert and distinguished advocate for immigrant rights, and without in any way trying to excuse Obama's past abuses or engage in an argument over numbers, should not the focus now be on the president who is actually calling the shots on immigration, rather than on one who no longer has any power to influence immigration policy?

    Again, I am not trying to defend Obama, only to focus on what is happening right now.

    If blaming Obama will help in reuniting all of the immigrant children who were torn away from their parents in the past two months at the border, some of whom were shackled and locked in cages by Trump's DHS according to news reports; or in preventing similar abuses in the future, than count me in among Obama's strongest critics too.

    Meanwhile, for the latest comment on what is actually taking place now, as opposed to admittedly important, but still past, history, see Alex Wagner writing in The Atlantic on July 11: She writes:

    "The Trump administration has, by design and disorganization, traumatized thousands of children and their parents fleeing desperate situations, and dealt with the ensuing crisis with a combination of turpitude, incompetence and foolhardiness."

    https://www.theatlantic.com/politics...making/564872/

    Yes, Obama had plenty of his own immigration disasters too. But who is in charge now?

    Roger Algase
    Attorney at Law
    Updated 07-16-2018 at 10:18 PM by ImmigrationLawBlogs
  9. ImmigrationLawBlogs's Avatar
    I will, however, mention one point where I entirely agree with Matt's criticism of Obama. Obama, and the Democrats, have a long history of betraying promises they have made to immigrants and immigrant communities. Trump has never made any such promises (unless the immigrants in question happened to be from "Countries like Norway") and therefore it is much harder to accuse him of betrayal.

    However, before going too far with any possible "Trumpbama" comparisons in immigrant persecution and abuse, we should also ask ourselves which president established DACA and which one is trying to cancel it; which president granted TPS to hundreds of thousands of non-white immigrants and which president is taking it away; and which of the two presidents supported legal immigration as opposed to the one who is fighting so hard to eliminate legal visas that have benefited millions of mainly non-European immigrants, such as extended family and Diversity Visa green cards, to mention only two.

    The Obama - Trump comparison on immigration only works up to a certain point.

    Roger Algase
    Attorney at Law
    Updated 07-16-2018 at 10:18 PM by ImmigrationLawBlogs
  10. ImmigrationLawBlogs's Avatar
    The above is not to say that betrayal is always such a bad thing in the immigration context. Hopefully, one day, Donald Trump will betray supporters such as Ann Coulter, Rush Limbaugh and Rep. Steve King (not to mention former KKK leader David Duke) and many others who are hoping to see him follow through with an avowedly white supremacist, Europeans only, agenda for both admitting legal immigrants and enforcement activities against unauthorized ones.

    Trump may have shown a few, but not very many, signs of such "betrayal" yet. His latest avowedly white nationalist rant, reported in the July 13 Washington Post, that Europe is losing its "culture" through (legal) Muslim immigration does not provide much reassurance along this line.

    Roger Algase
    Attorney at Law


    Updated 07-16-2018 at 10:19 PM by ImmigrationLawBlogs
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