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Jeb Bush: Trump's Ban on Muslim Immigration Harms US Foreign Policy. Roger Algase

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Update: January 15, 1:23 pm

In the meantime, another Republican, South Carolina Governor Nikki Haley, the American-born daughter of immigrants who is sometimes mentioned as a possible VP candidate, says (in opposition to Trump's proposal to ban Muslim immigrants) that in the history of America, we have never passed any laws based on race.

A big ha, ha, ha to that one! Ho, ho, ho, hee, hee, haw, haw!

This only goes to show that one can become governor of a US state without having very much knowledge of American history. However, Gov. Haley deserves credit for speaking out against Trump's attacks on minorities more vigorously than many others in her party have been willing to do, especially in her response to President Obama's State of the Union Speech.

My original post follows:

Jeb Bush, a consistent grown-up in the Republican presidential debate room on immigration policy, had the following exchange with Donald Trump at the January 14 debate over Trump's proposed "temporary" (but indefinite) ban on entry to the US by any Muslim non-US citizen from anywhere in the world, as reported by NBC news:

"Asked if he could reconsider his proposed ban on Muslim immigration, Trump gave a flat 'no.'

'We have to stop with political correctness
[also known as the US Constitution and the principle of religious freedom on which America was founded - my comment] We have to create a country that does not have the problems we have had', he said, referencing the 9/11 attacks and the San Bernadino shootings.

My Muslim friends, some, said "thank you very much"', he added...

But Jeb Bush jumped in to challenge him, saying that some of the country's most important allies around the world have majority Muslim populations.

'All Muslims? Seriously? What kind of signal does that send to the rest of the world that the US is a serious player in creating peace?

I can see why people are angry and scared', Bush added when asked about Trump's jump in the polls after proposing the ban. 'But we're running for president here. It's a different kind of job. You have to lead.'"

See:

http://www.nbcnews.com/politics/2016-election/republican-debate-candidates-collide-south-carolina-showdown-n495966

Unlike Trump, Bush seems to be aware that immigration has always been considered part of US foreign policy. Indeed, the doctrine of plenary power over immigration, on which Trump would have to rely in order to try to overcome a First Amendment freedom of religion challenge to his proposed ban, originated in large part because the Supreme Court, in the late 19th Century Chinese exclusion law cases, ruled that immigration was a part of foreign policy and therefore belongs entirely to the political branches of the government, not the judicial branch.

See my November 16, 2014 ilw.com comment: Why Have the Chinese Exclusion Cases Nor been Overruled?

Mr. Trump, instead of listening to his claimed "Muslim friends" (most likely not a very large group of people) about the wisdom of his proposed ban, would do well to listen to Governor Bush's warning about the need for responsible foreign policy decisions in these challenging times.

A total ban on Muslim immigration to the US, no matter how "short" in duration Trump might claim it would be (without promising any time limits) could hardly qualify as being responsible foreign policy, for the reasons that Bush mentioned.
_______________________________
Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 35 years, he has been helping mainly skilled and professional immigrants from many parts of the world and different ethnic/religious backgrounds obtain work visas and green cards.

Roger's email address is algaselex@gmail.com

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Updated 01-15-2016 at 12:23 PM by ImmigrationLawBlogs

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Comments

  1. Unregistered222's Avatar
    And Trump support just keeps going up and up. While Jeb Bush will never even make to be the frontrunner. What do those trends signify Roger?
  2. ImmigrationLawBlogs's Avatar
    Leading in the polls or even winning an election based on a platform of hate against a particular minority or minority groups does not justify that hatred or make it right. Do you happen to remember who won the 1933 election in Germany?

    Roger Algase
    Attorney at Law
  3. Nolan Rappaport's Avatar
    It is easy to criticize Trump for proposing a temporary halt to the admission of Muslims until the gov't figures out a way to screen out the terrorists among them, but I haven't heard any of the critics proposing an alternative for addressing the problem that most of the people in terrorist organizations are Muslim. Think I am wrong? Look at the State Department's Foreign Terrorist Organizations list, which is available at http://www.state.gov/j/ct/rls/other/des/123085.htm Frankly, I think that is because the critics are just using his proposal for political reasons, i.e., to hurt Trump's campaign. What other purpose could they have? Trump is never going to be able to implement his proposal, even if he becomes our next president. This situation reminds me of the endless attacks on the republican proposal to eliminate birthright citizenship for the children of undocumented aliens who are born in the US. That is never gong to happen either. Why waste time debating things that are not going to happen? Wouldn't it make more sense to be advocating immigration policy proposals that have a chance of being implemented?
  4. ImmigrationLawBlogs's Avatar
    I have made at least a partial reply to Nolan's comment in my January 16 ilw.com post relating to the statement by Dan Stein, president of the well-known immigration restrictionist group FAIR, in opposition to Trump's proposal to use religious belief as a test for admission to the US.

    I rarely agree with FAIR about anything, and no one could accuse FAIR of being opposed to Trump's other immigration proposals, such as mass deportation of unauthorized immigrants. Nor is FAIR blind to security considerations as its statement makes very clear.

    But even FAIR believes that Trump has gone too far with his call for a total Muslim entry ban, solely on the basis of religious belief or identity. As Dan Stein says, that is incompatible with American values.

    As for Nolan's assurance that Trump's extreme proposals about banning all Muslim immigration and abolishing birthright citizenship could never become reality, there is only one reliable way to make sure that this never happens: elect someone else as president.

    Roger Algase
    Attorney at Law
    Updated 01-16-2016 at 10:28 AM by ImmigrationLawBlogs
  5. Nolan Rappaport's Avatar
    [QUOTE=ImmigrationLawBlogs;bt41936][SIZE=1]I have made at least a partial reply to Nolan's comment in my January 16 ilw.com post relating to the statement by Dan Stein, president of the well-known immigration restrictionist group FAIR, in opposition to Trump's proposal to use religious belief as a test for admission to the US."

    I'm glad that Roger has found someone he can say positive things about.

    I don't agree with Trump's proposal. My point is that he is addressing a very real problem that his critics are ignoring. If you think his proposal is unacceptable, propose a solution that you think is acceptable.

    I don't think we can avoid fear of Muslim terrorists by keeping Trump out of the White House. His popularity rose when he made his proposal to stop Muslims from entering the US. If there is another 911 attack by Muslim terrorists, we could see reactions to this fear that make Trumps proposal look reasonable in comparison. For instance, internment of Japanese Anerican citizens after pear harbor.
  6. ImmigrationLawBlogs's Avatar
    With all due respect to Nolan, who is a distinguished, meticulous and thoughtful immigration scholar and authority and who cares deeply about both immigrant rights and the safety of the American people, I think that less fear-mongering and greater emphasis on preserving America's fundamental values and Constitutional rights as a nation of immigrants and diversity of cultures, religions and ethnicities, would be the best way to protect both the freedom and security of this country.

    My concern with Donald Trump is that he has chosen to base his appeal in large part on demonizing and stirring up hatred against, not only Muslims, but other minority groups such as Hispanics and, also Asians - see below.

    As I pointed out in my recent letter to the ilw.com editor, Trump's attempt to channel hate and anger against targeted groups of people was also evident during his comments on trade policy during the January 14 debate, where he attempted to demonize both China and Japan over currency and tariff issues on which he disagrees with them.

    This site is not about international trade, and the merits of that issue are beside the point. But Trump's attempt to demonize these two countries as being run by people who are laughing at America's problems, trying to make fools fools of America and who enjoy putting millions of Americans out of work through underhanded means brings back disturbing memories of the Chinese exclusion laws and Japanese relocation.

    These attacks on Muslims, Mexicans and Asians as essentially dangerous and evil, for whatever the reason, have become the heart of Trump's appeal.

    Based on the still recent history of one other country which I will not mention specifically, Trump's approach has very dangerous implications for the future of America as a land of freedom and democracy.

    Roger Algase
    Attorney at Law
    Updated 01-16-2016 at 12:17 PM by ImmigrationLawBlogs
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