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La Raza Leader Blasts Obama as "Deporter-in-Chief". By Roger Algase

Rating: 2 votes, 5.00 average.

Update - March 4, 10:07 pm:

Senator Bob Menendez (D-NJ) also spoke out against Obama's deportation policy at the same Tuesday night La Raza dinner mentioned below.

The Hill quotes the Senator as follows:

"The current deportation apparatus is an outrage and its a tragedy."

Menendez also stated:

"Just two weeks ago, my office had to ask ICE to reconsider the unfair deportation of a New Jersey man with no criminal record and three US citizen children - one of whom is very ill and is in medical need of his father...Does anyone think that an upstanding citizen and New Jerseyan like Carlos before a criminal is deported?"

Of course, some people will be quick to point out that the individual involved is facing deportation precisely because he is not a citizen - of the US. But the more profound reason for the deportation proceedings against him is that there are still all too many Americans who cannot handle the idea of America's becoming a truly multiracial society.

But one can also ask whether America's first non-white president should be the one to carry out this racially motivated deportation agenda more vigorously than any other president has done before him.

The following is my original post:

If the Republicans are being hypocritical by claiming that they are holding up immigration reform because President Obama "cannot be trusted" to enforce the law, the president is being equally hypocritical, if not even more so, by arguing that he is deporting two million people in order to "bring Republicans around" to supporting reform.

This, in effect, is what Janet Murguia, President of the National Council of La Raza, is saying in a speech which will be given Tuesday night at at NCLR's Capital Awards dinner, according to a report in POLITICO, National Council of La Raza leader calls Barack Obama 'deporter-in-chief (March 4).

POLITICO quotes Murguia as follows:

"We respectfully disagree with the president on his ability to stop unnecessary deportations...He can stop tearing families apart. He can stop throwing communities and businesses into chaos. He can stop turning a blind eye to the harm being done. He does have the power to stop this. Failure to act will be a shameful legacy for his presidency."

It is becoming more and more obvious that the Republican House leadership has no intention of passing immigration reform any time in the near future, but is merely waiting for a Republican- controlled Senate to be elected this fall. This would remove reform entirely from the Congressional agenda, to be replaced in all likelihood by the traditional GOP enforcement only proposals, including ones that would put Arizona, Alabama, and many other red states back in the immigrant persecution business.

Reform does not stand still. Either it moves forward or it goes backward. Therefore, the focus is increasingly turning to the president and his refusal to use the broad executive powers over immigration enforcement which the courts have upheld many times, and for many decades, in order to slow down or end the mass expulsion of millions of brown immigrants.

How much longer can the president continue to get away with pretending that he has no power to stop, or at least slow down, the deportations? Probably not much longer than the Republicans can continue to succeed in getting away with their hollow pretense that they are serious about reform, but just "need more time" to "get it done the right way" (i.e. never and no way).

On a related matter, as we now go into the homestretch in this year's H-1B season, we should be asking ourselves whether President Obama is not also competing for the title of "Denier-in-Chief" for skilled worker petitions.

My upcoming posts will take a closer look into one of the strategies which USCIS using to delay or deny meritorious H-1B cases - namely arguing that the offered H-1B position does not require a bachelor degree (or the equivalent) in a particular specialty in order to qualify for the position.

In some recent RFE's which I have received, the USCIS has carried this argument to absurd lengths, calling into question not only some Service Center H-1B examiners' objectivity and willingness to follow federal court decisions, but even their ability to read basic English.

Just as the president should not be allowed to get away with the false argument that he has no power to stop or limit the deportations, immigration officials should not be allowed to mislead the public into thinking that lack of H-1B visas, serious as this problem is, is the only reason why many H-1B petitions are not being approved.

To be continued.

Roger Algase is a New York lawyer and a graduate of Harvard College and Harvard Law School. For more than 30 years, he has been helping H-1B and other business and professional immigrants deal successfully with our complex immigration system. His practice also includes O-1 and EB-1 extraordinary ability petitions, PERM labor certifications, and green cards based on opposite or same sex marriages, among other immigration cases. His email address is

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Updated 03-04-2014 at 09:08 PM by ImmigrationLawBlogs

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  1. Jack2's Avatar
    a speech which will be given Tuesday night at at NCLR's Capital Awards dinner

    Is that the one where they invite politicians who then make the most pandering statements?

    Failure to act will be a shameful legacy for his presidency."
    Why? If he is merely enforcing the law, then La Raza means that the law itself is shameful. But they are also boosters of CIR which last I checked does not abolish limited immigration--they supposedly support the shameful law. Are they going to oppose deportations the day after CIR were to pass? Of course, La Raza will never explicitly state that they oppose the very notion of immigration law because it sounds too radical. It's just their actual position which is radical (and self-interested): Opposition to the enforcement of immigration law--so long as so many of the people in violation of it are the ethnicity of our group.

    They love to demagogue but do you think they really want any preventive/deterrent policies which would result in fewer people in the U.S. of their ethnicity?
  2. Jack2's Avatar
    NCLR called for an end “to unnecessary deportations”
    This begs the question: What does La Raza consider a "necessary" deportation? Probably the same as those who say they are for "smart enforcement": zero to negligible.

    POLITICO reported last month that NCLR and the Center for American Progress were virtually alone among progressive immigration groups in defending the White House — criticism that stung Murgu?a.
    Policy-wise, they all seem to be in the "not one more!" camp, but La Raza seems more sophisticated and at least tries to put on a more mainstream face which will not turn off the non-anarchist crowd. Presumably, the main reason they don't publicly rip Obama as much or harshly is that they have people in the administration and want to maintain that pipeline not just for 3 more years, but beyond.
  3. ImmigrationLawBlogs's Avatar
    I hope that Jack2 is having an enjoyable time telling readers something they already know from his many previous comments - namely that he does not care very much for America's current immigrant population, most of whom do not happen to be white.

    Roger Algase
    Attorney at Law
  4. Jack2's Avatar
    most of whom do not happen to be white.
    What about equal application of the law? If most of the violators of immigration law are not white, we are obligated to just condone illegality? If they are white, then it's OK to enforce?
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