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From Killing Reform To Ending All Immigration. Moratorium Coming? Roger Algase

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Update, March 22 at 11:12 am:

It did not take nearly as long as I predicted below for Donald Trump to call for a total moratorium on immigration to the United States. I predicted that it would take until after Trump's election and inauguration as president, if such an event were to happen, for him to close America's borders to all foreign citizens, from everywhere in the world.

Instead, it only took one day. The Hill reports that in reaction to another horrific terror attack by ISIS in Brussels, which has so far killed at least 34 people and wounded dozens, if not hundreds, according the latest reports, Trump has called for closing America's borders completely. See:

http://thehill.com/blogs/ballot-box/...se-the-borders

Given the fact that prominent Trump supporters, such as Sen Jeff Sessions (R-Alabama) and columnist Ann Coulter, have been calling for a total ban on immigration for quite some time, one has to ask whether barring the entire rest of the world from coming to America, including people who have no conceivable connection with terror groups and who are not even Muslims, is really intended to make America safe.

While America and the world need to do everything possible to eliminate Islamist terror groups such as ISIS from the face of the earth, closing our borders to innocent people from around the world, based on Trump's unimaginably huge lie that America is taking in people without documentation (see above story in The Hill), is not the way to make America great again.

It is the way to diminish America, by making America lily white once again, in accordance with the agenda of the KKK and other hate groups whose support Mr. Trump has had some difficulty in disavowing. It could also be the beginning of extinguishing America's freedom and turning it into a dictatorship - a Republic of Fear, based on the violence against minorities which has now become almost a staple at Trump's campaign rallies.

My original comment appears below.

First, anti-immigrant hard liners went after Congressional immigration reform in 2013. Then they went after executive action on immigration beginning in 2014. Now they are against all immigration, both illegal and legal. Under a Trump presidency, will there be a complete immigration moratorium?

Do not bet against it. Some of Trump's most prominent supporters have made no secret of the fact that their real goal is not merely to enforce existing laws against illegal immigration, or remedy perceived abuses in the legal immigration system, but to put an end to all immigration.

Senator Jeff Sessions (R-Alabama) a Trump supporter and one of the leading anti-immigrant hardliners in Congress, was out in front in the movement to kill Comprehensive Immigration Reform in Congress in 2013. See:

http://abcnews.go.com/ABC_Univision/...ry?id=19311727

Now, as Wendy Feliz writes in Immigration Daily on March 18, Sessions has made clear that he is against all immigration. See:

http://discuss.ilw.com/content.php?6...on-Wendy-Feliz

Another Trump supporter, Ann Coulter, called for a total immigration moratorium, both legal and illegal, in a 2014 interview with Fox News' Sean Hannity, where, among other things, she said:

"We need a fence on the border like Israel has."

See:

http://breitbart.com/video/2014/07/0...al-and-illegal

Let us look at Trump's own immigration proposals:

1) Ban all of the world's 1.6 billion Muslims from entering the United States. As I have pointed out before, Trump has never "clarified" this proposal to exclude US citizen Muslims from its scope, even though including American citizens in the ban would be in direct violation of the First Amendment to the US Constitution.

2) Build a Berlin Wall (not just Anm Coulter's fence) along the entire Mexican border. As if to refute some people who argue that, if elected president, Trump would use his own business and negotiating skills to find a more moderate or reasonable solution to the problem of unauthorized immigration, Trump sarcastically stated at the Detroit Republican presidential primary debate that he was open to "negotiation" about whether his proposed border Wall should be 40 ft. or 50 ft. high.

3) Deport 12 million unauthorized, mainly Latino and Asian, men, women and children, using a special "task force" which even his immigration hard line presidential primary opponent, Senator Ted Cruz (R-Texas), has compared to Nazi-style "jackboots".

4) Impose a moratorium on skilled worker green cards through labor certification,

5) Abolish the H-1B specialty worker and J-1 exchange trainee visas , both of which Trump has used extensively up to now for his own companies.

6) Twist and distort (not amend, as Cruz, who has more respect than Trump has shown so far for the rule of law and for Constitutional procedures, would do) the 14th Amendment in order to deprive millions of American-born Latino and other non-white children of their birthright US citizenship.

With these programs and protections gone, what kind of legal immigration would be left? Family based immediate relatives and preferences? But family immigration has long been a target of immigration opponents, who derogatorily call it "chain immigration", and have been calling for reductions or elimination of relative visas and green cards in favor of greater emphasis on the same skilled immigration categories which Trump and his supporters now want to cancel.

Diversity visas, perhaps? Think again. Even the bipartisan immigration reform bill which passed the Senate in 2013 (despite the opposition of Jeff Sessions, who tried to amend it to death), would have abolished this program, which, among other things, is very popular with immigrants from Africa.

Do not think that it would be impossible for Trump's agenda to be put into effect if he becomes president - even if one or both houses of Congress goes back to Democratic control. There is no reason to think that Trump, who has often stated that he believes in his own infallibility on numerous issues, would hesitate to use executive action - of course without the slightest opposition from immigration opponents who are now calling President Obama a fascist dictator for using this method of granting relief from deportation to low priority unauthorized immigrants.

Nor is Trump the only presidential candidate in his party who has been calling stricter measures against both legal and illegal immigrants. His main rival, Senator Cruz, also supports mass deportation (although by "kinder", "gentler" methods?), as well as reductions in legal immigration; and Senator Marco Rubio (R-Florida), who recently withdrew from the race, also tried to reinvent himself as a hard liner, at least on illegal immigration, after his previous support for CIR.

Some of the legislative proposals that the head of the House Judiciary Committee, Sen. Bob Goodlatte (R- Virginia) has introduced to deal with both illegal immigration and with Syrian refugees (now a favorite target of the anti-immigrant right wing) are not all that far behind Trump's positions on these issues.

And it was not Donald Trump who killed CIR, thereby clearing the road to the point where a total immigration moratorium could now become a serious possibility. CIR was gutted by the "mainstream" leaders of his own party, including many of the same people who are now expressing such horror at the prospect that a "President Trump" may soon be in total, one-man, control of America's immigration policy.

After Trump's above agenda goes through, perhaps on his first day in office, would a total moratorium on immigration be far behind?
________________________________________
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 workers, from many different parts of the world and ethnic/religious backgrounds, obtain work visas and green cards.

Roger's email address is algaselex@gmail.com


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Updated 11-02-2016 at 08:55 AM by ImmigrationLawBlogs

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Comments

  1. Nolan Rappaport's Avatar
    My crystal ball is in the shop for repairs, so I can't actually see the future; but I will make a prediction. We are facing two Donald Trumps, the candidate and perhaps the next president. As the candidate, he is going to continue to spout talking points that have been vetted by his focus groups for their ability to get votes, which is what all presidential candidates do. As the president, however, I think he is going to be driven by his ego rather than by any campaign promises he might have made along the way to the White House. He already has said he intends to try to cut a deal between Israel and the Palestinians, which he regards as the toughest of all possible deals. But immigration is the most likely topic for his deal-making magic. I predict that he will spend tremendous amounts of time and energy talking to the two sides to find out what their essential political needs are. Once he has established what each side has to have, he will proceeding to do something that neither party has been willing or able to do, talk about compromises that neither party would like but nevertheless would satisfy the "essential" political needs of both sides. And I predict further that he will succeed in producing a genuinely comprehensive immigration reform bill that will resolve all of the issues the parties were unable to resolve on their own. Then, he will spend a few well-deserved minutes looking at his smiling face in a mirror, basking in the glow of his great deal-making skills. And I will applaud him for doing something that the professional politicians haven't done since IRCA in 1986.
  2. ImmigrationLawBlogs's Avatar
    I am sure that President Rappaport would work hard for the worthy goal that Nolan outlines above. Whether that would be President Trump's approach is a different question.

    Roger Algase
    Attorney at Law
  3. Pipo's Avatar
    Quote Originally Posted by Nolan Rappaport
    My crystal ball is in the shop for repairs, so I can't actually see the future; but I will make a prediction. We are facing two Donald Trumps, the candidate and perhaps the next president. As the candidate, he is going to continue to spout talking points that have been vetted by his focus groups for their ability to get votes, which is what all presidential candidates do. As the president, however, I think he is going to be driven by his ego rather than by any campaign promises he might have made along the way to the White House. He already has said he intends to try to cut a deal between Israel and the Palestinians, which he regards as the toughest of all possible deals. But immigration is the most likely topic for his deal-making magic. I predict that he will spend tremendous amounts of time and energy talking to the two sides to find out what their essential political needs are. Once he has established what each side has to have, he will proceeding to do something that neither party has been willing or able to do, talk about compromises that neither party would like but nevertheless would satisfy the "essential" political needs of both sides. And I predict further that he will succeed in producing a genuinely comprehensive immigration reform bill that will resolve all of the issues the parties were unable to resolve on their own. Then, he will spend a few well-deserved minutes looking at his smiling face in a mirror, basking in the glow of his great deal-making skills. And I will applaud him for doing something that the professional politicians haven't done since IRCA in 1986.
    Paraphrasing Leo Strauss' the Vulgar Many*:
    The majority of people living in the United States are lovers of wealth and pleasure; they are selfish, slothful, and indolent. These people can also be inspired to rise above their brutish existence only by fear of impending death or catastrophe.

    Public-interest lawyers fail to understand that immigration is not a civil affair per se; instead, it is governed by Admiralty Law (registration of aliens under a juryless court system). The Constitution is based on British Common Law, Vatican's Code of Canon Law and Admiralty Law (influenced the latter by the Ordinamenta et Consuetudo Maris). As a matter of jurisprudence, this historical document adheres to the doctrine that Admiralty Law prevails over Common Law and goes in accordance with Canon Law.
    Ironically, the charter labels US Citizens as Financial Instruments: real or virtual documents representing a legal agreement involving some sort of monetary value (i.e. Birth Certificate, Certificate of Naturalization, Driver's License, Marriage License).
    - US Constitution, Article I, Section 2, 3rd Clause (first sentence)
    - Amendment XIV, Sections 1 & 2
    Financial Instruments (US Citizens) cannot abrogate the charter (the Constitution); however they are exchangeable or can be treated as common stock for citizenship purposes.

    Donald Trump is simply capitalizing on the ignorance and gullibility of the American populace in order to maximize the net revenues for the Trump brand (via marketing and advertising, courtesy of mainstream media).
    Presidential elections = Reality Show
    PRESIDENTS ARE SELECTED, NOT ELECTED (quote attributed to FDR)
    Mrs. Clinton has already been SELECTED to become the next president of the United States, you like it or not.

    *Leo Strauss was a German-American political philosopher and classicist who specialized in classical political philosophy (September 20, 1899 ? October 18, 1973).
  4. ImmigrationLawBlogs's Avatar
    I would caution Pipo to try to keep his comments, however well meant and learned they may be, relevant to the topic at issue, which in this case deals with specific proposals to revise or eliminate parts of, or all of, our current immigration system.

    I would also encourage him to avoid constant repetition in his comments. By now, we must have seen his quote from Leo Strauss, which is also of highly doubtful relevance to the topic at hand, over a dozen times.

    Roger Algase
    Attorney at Law
  5. Unregistered222's Avatar
    In other words you encourage lil' Pipo to take his medications before he posts on your blog....

    Quote Originally Posted by ImmigrationLawBlogs
    I would caution Pipo to try to keep his comments, however well meant and learned they may be, relevant to the topic at issue, which in this case deals with specific proposals to revise or eliminate parts of, or all of, our current immigration system.

    I would also encourage him to avoid constant repetition in his comments. By now, we must have seen his quote from Leo Strauss, which is also of highly doubtful relevance to the topic at hand, over a dozen times.

    Roger Algase
    Attorney at Law
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