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Would "Torturer Trump" Respect Any Laws Protecting Immigrant Rights? Roger Algase

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Nothing is more alien to democracy or foreign to the rule of law than the use of torture in any of its horrible forms. This holds true no matter how odious the victim might be or how compelling the 'justification" for this heinous practice, which is strictly prohibited by U.S and international law, might allegedly be.

This is why, more than any of his other anti-democratic proposals or actions - whether banning immigrants from our shores purely on the basis of their religion; "opening up" the libel laws and banning media he considers unfriendly from covering his campaign in order to harass and intimidate anyone who disagrees with him; building a Berlin (or Warsaw Ghetto) Wall against Mexico, a friendly neighboring country; or engaging in mass deportation of 11 or 12 million mainly Latino and Asian immigrants; Trump's repeated, not to say enthusiastic, support of using torture calls his willingness to follow democratic procedures, and our Constitution, into very serious question.

But let there be no mistake about it - Trump, once again, is openly calling for the use of torture against enemies, real or perceived, something that even Hitler refrained from doing in the case of captured allied soldiers who were protected by the (1929) Geneva convention relating to treatment of prisoners of war, which the Nazi Fuehrer respected but Donald Trump evidently wants to tear up, at least in spirit if not in the letter.

The Hill reports as follows on July 1:

"'What do you think about waterboarding?' Trump asked an Ohio crowd at a rally the night of the [Istanbul] attack. 'I like it a lot. I don't think it's tough enough.'"

http://www.thehill.com/policy/defens...-waterboarding

Of course, it is easy to understand why one would instinctively want to torture the ISIS fighters, whom Trump was referring to and who inflict unimaginable cruelties on their victims while trying to kill as many innocent people as possible wherever and whenever they can. But the history of the use of torture shows that once begun, torture never ends with the most obvious, original avowed targets.

Hitler may have spared Allied soldiers from torture in order to comply with a treaty obligation (and perhaps protect captured German soldiers from suffering the same fate at Allied hands), but his storm troopers and SS tortured and brutally murdered many millions of people at Dachau, Buchenwald, Auschwitz and countless other concentration camps and Nazi prisons throughout Europe.

Nor is there any reason to think that if "Torturer Trump" gives an illegal order to America's military or intelligence agencies to torture avowed inhuman monsters such as ISIS fighters, that he would refrain from torturing any other other people on the very long and growing list of people whom he sees as "enemies" or "haters of Donald Trump" (his charge against Federal Judge Gonzalo Curiel).

Is there any assurance that Trump would refrain from torturing the "lots of bad dudes" whom he is promising "to get rid of". i.e. up to 12 million mainly Latino and Asian immigrants who entered thsi country EWI or overstayed their visas, if he thought that would help to kick them out faster or to discourage other immigrants from coming to or staying in America without permission?

Or what would stop Trump from torturing employers who hire illegal immigrants - or ordinary Americans who fail to report their own spouses, parents, children or other family members who might be in this country without authorization?

The Obama administration is already being sued for mistreating hundreds, if not thousands, of unauthorized immigrants at its privately run, for profit prisons which in some respects reportedly already begin to resemble concentration camps. See:

http://www.latimes.com/local/lanow/l...725-story.html

What would happen if this mistreatment were to increase exponentially under a Trump administration and extend to millions of people, as it in all probability would?

What would stop Trump from torturing thousands of Muslim or Latino US citizens for allegedly "supporting" or "assisting" foreign-based terrorists or criminals? What would stop him from torturing American reporters who ask him questions he doesn't like or federal judges whose decisions he disagrees wit?. In the hands of an autocrat, anyone and everyone can be at risk of being tortured. There are no boundaries.

And could a president who would not hesitate to issue illegal orders to use torture (see the above The Hill report for further details) be relied on to respect or obey any other legal norms or requirements regarding the rights of immigrants - such as allowing immigration court hearings before sending them home - or obeying a court order prohibiting the removal of a given immigrant or class of immigrants, or ordering their release from detention, as in the case of the federal court decision issued a year ago that was referred to in the above cited Los Angeles Times article?

Don't bet your waterboarding bucket on America's would be Torturer in Chief's willingness to obey any immigration-related laws or court orders.
_______________________________________
Roger Algase is a New York lawyer and a graduate of Harvard College and Harvard Law School who has been helping mainly skilled and professional immigrants obtain work visas and green cards for more than 35 years. Roger believes that if the basic human and Constitutional rights of immigrants are denied or disregarded because of attempts to exploit fear and hatred against minorities for political purposes, the rights and freedoms of all Americans will be in danger and our democracy could disappear.

Roger's email address is algaselex@gmail.com


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Updated 07-01-2016 at 04:51 PM by ImmigrationLawBlogs

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Comments

  1. Unregistered222's Avatar
    So, Roger, who is going to protect American citizens from being regularly tortured and murdered by illegal aliens and fake mozlem "refugees" ? Definitely not current administration


    "The mass migration of unaccompanied minors from Central America into the States in 2014 created a whole new crop of recruits. And these young men, some of them just 14 or 15 years old, are committing horrific crimes, such as decapitation and stoning"


    http://www.thegatewaypundit.com/2016/07/obamas-unaccompanied-minors-committing-horrific-crimes-including-decapitation-stoning/
  2. ImmigrationLawBlogs's Avatar
    As I have mentioned before, serious and rational comment on this site in answer to my posts is always welcome and will be answered to the best of my ability.

    Accusing unaccompanied Central American children in the United States of carrying out decapitations and stonings does not meet that test. I have not seen or heard of a single such reported incident.

    Roger Algase
    Attorney ar Law
    Updated 07-01-2016 at 11:56 AM by ImmigrationLawBlogs
  3. Nolan Rappaport's Avatar
    I have two questions. Does Trump know what the term "torture" means? And does Roger? Frankly, I can't define it either. Roger uses waterboarding as an example of torture, but that has been denied by reputable experts. See for example, Michael B. Mukasey, Opinion, Wall Street Journal, December 16, 2014. (Mr. Mukasey was U.S. Attorney General from November 2007 to January 2009.) ?It [waterboarding] was not torture, for at least two reasons. First, Navy SEALs for years have undergone waterboarding of that sort as part of their training, and they report that the procedure does not cause much physical pain at all; their splendid careers show that it also does not cause severe mental pain or suffering as defined in the law. Second, 9/11 mastermind Khalid Sheikh Mohammed ... eventually came to know the precise limits of the procedure and was seen to count the seconds by tapping his fingers until it was over. Some torture. Arguably, what broke him was sleep deprivation, but in any event he disclosed reams of valuable information. At last report, he is doing just fine.?

    If you want reliable information on what torture is, See the CRS Report, Perspectives on Enhanced Interrogation Techniques (Jan. 8, 2016), https://www.fas.org/sgp/crs/intel/R43906.pdf
  4. ImmigrationLawBlogs's Avatar
    With all due respect to Nolan, we don't have to argue about whether waterboarding or some other "enhanced interrogation" method (again, shades of Orwell here) constitutes torture or not, because Trump, for once, has made quite clear what he wants to do to his victims. First, he says that he likes waterboarding "a lot". Is that the statement of someone who is mainly concerned about protecting his country, or is that the mark of a true sadist?

    Then, just in case anyone misses the point about what Trump really supports, he goes on to say that he doesn't think that waterboarding is "tough enough".

    One doesn't have to be a legal expert to tell what this means. It is something that a five year old child could understand (and let's just hope that Trump doesn't want to do this to a five year old child - he is on record as saying that he would order US soldiers or agents to murder the innocent family members of terrorists - I am not aware that he made any exception for young children).

    The obvious meaning is that if waterboarding isn't torture (and if anyone thinks it isn't, I haven't heard any such person volunteer to undergo waterboarding to show how "harmless" it is), then Trump wants to do something worse that will be torture.

    There are limits to what kind of tortured (pun intentional) definitions one can give to plain English sentences in order to try to spin away their plain meaning.

    Conclusion: Whether or not waterboarding meets some self -styled expert's tortured definition of torture or not is not the point.

    The point is that Trump doesn't think waterboarding is "tough enough". Those are his exact words. He isn't satisfied with just waterboarding. He wants to do something worse. That, obviously, means torture.

    No matter how much one tries to play with words, there is no other possible conclusion. Donald Trump would like to become America's Torturer-in-Chief.


    Roger Algase
    Attorney at Law
















    Updated 07-01-2016 at 07:10 PM by ImmigrationLawBlogs
  5. Unregistered222's Avatar
    Here we go Roger Illegal alien teenager tortures and murders an innocent American child. (Defamatory content deleted - Roger Algase, Attorney at Law.)

    Wilkerson’s son was killed on Nov. 16, 2010, by an illegal immigrant – Hermilo Moralez – who asked for a ride home from Josh’s high school.

    Wilkerson said her son’s killer testified at the trial on how he “systematically killed Josh.”

    “First a punch in the face, so his vision was off. Next a knee to Josh's abdomen so that he would go to the ground. Josh went to the ground as his spleen was sliced in half. This killer was aggravated that it was not over,” Wilkerson said in written testimony. “He grew tired of watching bloody bubbles coming from Josh's nose as he was trying to breathe.

    “Next he took a closet rod and beat Josh over the head again and again until the rod broke in 4 pieces. Joshua still breathing. Next he strangled him, let him go to see if it was over, nope, so he continued until there were no more bubbles. He waited and watched him die,”

    http://www.cnsnews.com/news/article/melanie-hunter/mother-teen-murdered-illegal-immigrant-tells-congress-do-something-it

    Quote Originally Posted by ImmigrationLawBlogs
    As I have mentioned before, serious and rational comment on this site in answer to my posts is always welcome and will be answered to the best of my ability.

    Accusing unaccompanied Central American children in the United States of carrying out decapitations and stonings does not meet that test. I have not seen or heard of a single such reported incident.

    Roger Algase
    Attorney ar Law
    Updated 07-01-2016 at 07:12 PM by ImmigrationLawBlogs
  6. Unregistered222's Avatar
    Make a note Roger. Trump did not torture this innocent child, illegal alien scumbag did. Have a nice evening now Roger.


    Quote Originally Posted by Unregistered222
    Here we go Roger Illegal alien teenager tortures and murders an innocent American child. ...
    [Defamatory content deleted. Roger Algase, Attorney at Law) Wilkerson’s son was killed on Nov. 16, 2010, by an illegal immigrant – Hermilo Moralez – who asked for a ride home from Josh’s high school.

    Wilkerson said her son’s killer testified at the trial on how he “systematically killed Josh.”

    “First a punch in the face, so his vision was off. Next a knee to Josh's abdomen so that he would go to the ground. Josh went to the ground as his spleen was sliced in half. This killer was aggravated that it was not over,” Wilkerson said in written testimony. “He grew tired of watching bloody bubbles coming from Josh's nose as he was trying to breathe.

    “Next he took a closet rod and beat Josh over the head again and again until the rod broke in 4 pieces. Joshua still breathing. Next he strangled him, let him go to see if it was over, nope, so he continued until there were no more bubbles. He waited and watched him die,”

    http://www.cnsnews.com/news/article/melanie-hunter/mother-teen-murdered-illegal-immigrant-tells-congress-do-something-it
    Updated 07-03-2016 at 09:55 AM by ImmigrationLawBlogs
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