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Matthew Kolken on Deportation And Removal

Trump Considering Legal Status for Undocumented Wishing to Serve in the Military

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Last night Donald Trump softened his stance on deporting undocumented DREAMers befitting from DACA in an answer to a question by West Point graduate Captain Sue Fulton. She asked Trump his opinion on whether an undocumented person who wishes to serve in the armed forces deserves to stay in this country legally.

Trump responded that he would “absolutely hold those people,” remarking that “The military is a very special thing,” and that “If they plan on serving, if they get in, I would absolutely hold those people. We have to be very careful. We have to vet very carefully. Everybody would agree with that. But the answer is it would be a very special circumstance, yes.”

Click here to view the entire exchange.

And remember...

Service guarantees citizenship.

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Updated 09-08-2016 at 09:39 AM by MKolken

Comments

  1. Nolan Rappaport's Avatar
    You shouldn't be surprised. Trump has been emphasizing that he will deport criminals and secure the border before he decides what to do about the rest of the undocumented population. Frankly, I doubt that he knows where he will land on that issue. Recall his comment about defeating ISIS. He has a plan but he wants to hear what his experts think should be done before he decides what to do. My crystal ball is in the shop, so I am limited to guessing. My guess is that if he is elected, he will go through a steep learning process trying to carry out his plan to deport the criminal aliens. It's not so easy.

    The Obama administration has been trying to deport criminal aliens for some time now and hasn't even been able to remove all of the ones who are found deportable and ordered deported. According to statistics provided by ICE, in FY2015, ICE released 19,723 criminal aliens whohad a total of 64,197 convictions. This included 101 homicide convictions, 216 kidnappingconvictions, 320 sexual assault convictions, 352 commercialized sexual offenses, 1,347 domesticviolence convictions, 1,728 assault convictions, and 12,307 driving under the influence ofalcohol convictions.

    But there is a basic difference between the way the parties view undocumented aliens. The democrats believe that they deserve lawful status....albeit not necessarily all of them. The republicans don't think living in the United States in violation of our laws entitles someone to lawful status. The republicans went along with legalization with IRCA on the basis of a wipe the slate clean and keep a new group from taking their place bargain with the democrats. I think Trump eventually will too when he comes to grips with the fact that he is not going to be able to deport 11 million people in any case.
  2. ImmigrationLawBlogs's Avatar
    The mistake that most of the media and commentators are making in covering this election is in assuming that it is a normal election based on rational debate over issues and principles. But this election is not a normal one. What is at stake is whether America will continue to be a democracy or not.

    Nolan Rappaport, along with no doubt the great majority of commentators, assumes that if Donald Trump becomes president, he will ultimately "come to grips" with certain realities, such as "the fact that he is not going to be able to deport 11 million people in any case".

    Nolan, of course, might turn out to be right - one would hope so, just as one would hope that Trump would come to grips with other basic realities, such as the fact that the use of torture by government officials is strictly prohibited by both our Constitution and by federal law; that the same Constitution prohibits putting people under surveillance or registration purely because of their religion, and that attempts to "open up" restrictions on free speech inevitably lead to dictatorship, as in the case of the Russia of Vladimir Putin, for whom Trump has so many sickening words of praise.

    One would also hope that Trump would "come to grips" with certain other realities in a democracy, such as that even the most basic notion of due process prohibits sending American citizens to Guantanamo, no matter what kind of charges a Trump administration might bring against them. But so far, Trump has not shown very much of an attempt to come to grips with these realities. And all of these statements by Trump are well documented - I have posted links to them in my own various ilw.com comments and letters, and no one can say I am making them up.

    Sometimes, we have to take a candidate for office at his word. Many people assumed that Adolf Hitler would become reasonable once he took power. Instead, the world got the Holocaust and the deaths of 60 million people in WW2 as a result.

    I am not comparing Trump with Hitler, but I am trying to focus on the larger picture.

    Where do Trump's immigration policies, or what we know about them so far, fit into all of this? Trump, arguably, has equivocated, or possibly even changed his mind, on some immigration issues. He goes back and forth so often it is hard to tell.

    But on the basics, he has been remarkably clear, as emphasized in his recent Arizona speech.

    Fundamentally, in his view, immigrants, bot legal and illegal, are a threat to America - they do not have much to contribute to our economy or society, except for crime, terror and putting Americans out of work.

    With only a few exceptions, of which serving in the military might or might not be one, they are the "other", a danger to America, a drag on our country.

    The fact that most immigrants are not from Europe, are not white, is an unspoken foundation of Trump's immigration policy. He has still refused to recognize that our own non-white president was born in this country.

    Our commentariat class may be reluctant to admit this, but David Duke and his fellow white supremacists know exactly what Trump means and have not hesitated ro say so and to give him their fullest support.

    Immigration is Donald Trump's wedge issue, his stepping stone to power by attacking a gens invisum, to quote Virgil (a "despised people"), just as Hitler did with the Jews.

    Will Americans trade in their democracy for Trump's promises to get rid Muslim, Mexican and other non-European immigrants or bar them from coming to the US, just as the Germans traded their democracy in for Hitler's promises to get rid of the Jews?

    That is what is at stake in this election.

    Roger Algase
    Attorney at Law

    Updated 09-09-2016 at 07:24 AM by ImmigrationLawBlogs
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