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Protecting Free Speech for Americans is Crucial to Protecting Immigrants' Constitutional Rights. Roger Algase

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Update: December 9 at 9:34 am:

Donald Trump is now reported as attacking Time Magazine for calling him "Person of the Year", instead of "Man of the Year". I have a better suggestion: How about:

"Anti-Immigrant Demagogue of the Year"

What else got him elected (as our first popular vote loser president in 16 years)?

Roger Algase
Attorney at Law

Update, 6:39 pm November 11:

According to the latest report, Trump has now completely changed his initial tweet in order to show respect for the protesters, rather than to threaten them.

The new tweet is very reassuring for those who are hoping that America will still be a country where dissent is tolerated. It goes beyond that: it is generous, inclusive and shows that if Trump continues along this conciliatory line toward dissenters, especially with regard to immigrants and minorities, he might actually turn out to be a great president.

This is the text of Trump's revised tweet:

Donald J. Trump
@realDonaldTrump

Love the fact that small groups of protesters last night have passion for our great country. We will all come together and be proud!

I was not aware of the revised tweet when I wrote my original comment and I am revising the comment accordingly. See below.

The following is a revised version of my original comment.

On November 10, Trump posted the following comment on Twitter in response to nationwide protests which broke out after his election.

Donald J. Trump
@realDonald Trump

Just had a very open and successful presidential election. Now professional protesters, incited by the media, are protesting. Very unfair!

When the president-elect of the United States, who attacked and threatened libel suits and other retaliation against opposition media during the presidential campaign, began his transition to power by seeming attacking the media for "inciting" protesters exercising their constitutional right to free speech, it created a cause for concern about his commitment to upholding constitutional guarantees in general as president, including his willingness to respect the constitutional rights of immigrants, including such rights as due process in deportation hearings, as recently re-affirmed by the US Supreme Court in Reyes Mata v. Lynch 576 US _(2015)? For a detailed discussion of this case, See, Alissa Wickham:

Supreme Court Bolsters Due Process Rights for Immigrants (June 15, 2015)

http://www.law360.com/articles/66464...for-immigrants

It also raised a legitimate concern whether the First Amendment right to freedom of speech might be in danger right at the beginning of Trump's transition to the presidency and about what might happen, not only to the due process rights of immigrants facing deportation, but to the rights of US citizen immigration advocates who speak out in favor of immigrant rights.


It was also cause for concern that Trump blamed the media for "inciting" what were, by all accounts, entirely spontaneous protests. What else might Trumps blame the media for "inciting" as president?

And what kind of retaliation can the media or anyone else who speaks out against Trump on immigration and immigrant rights in the future expect from a president who threatens to lock up millions of immigrants until they are deported and who has said the he is just fine with sending American citizens to Guantanamo?

See: New York Times, August 12, 2016:

Donald Trump 'Fine' With Prosecuting U. S. Citizens at Guantanamo


http://www.nytimes.com/2016/08/13/us...namo.html?_r=0

Nor was it exactly reassuring that Trumo is on record as openly supporting violating the Eight Amendment to the constitution, and the federal criminal laws of this country (8 USC Section 2340) by "bringing back" torture "a hell of a lot worse than waterboarding".

https://www.theguardian.com/us-news/...debate-torture

Fortunately Trump evidently thought better of the above tweet and has replaced it with a new one which clearly showed respect for the rights of the protesters. See my update above.

This is a very reassuring sign and shows that, despite his frequently alarming campaign antics, he might, just very possibly, turn out to be a great president - especially if he can maintain this tolerant and inclusive attitude to America's minorities and immigrants, who are also part of our society.
________________________________
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 diverse parts of the world and ethnic/religious backgrounds obtain work visas and green cards.

Roger believes that any attack on the rights of immigrants to justice and fundamental fairness under our laws, or bigotry against immigrants based on race, color or religion, is an attack on the rights and freedoms of all Americans.

His email address is algaselex@gmail.com



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Updated 12-09-2016 at 08:34 AM by ImmigrationLawBlogs

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Comments

  1. ImmigrationLawBlogs's Avatar
    Roger, how is this statement an assault on free speech, "Just had a very open and successful presidential election. Now professional protesters, incited by the media, are protesting. Very unfair!"

    What is Trump threatening to do to the professional protesters or the media? All he did was describe their conduct as unfair.

    It's sad that you can't understand that you are the one who is assaulting free speech, not Trump.

    Nolan Rappaport
  2. ImmigrationLawBlogs's Avatar
    Trump is, without offering the slightest evidence or justification, blaming the media for the fact that a number of people all over America have exercised their constitutional right to protest. This, together with his equally mendacious reference to "professional protesters" of whom there is also not the slightest evidence, obviously implies that the protests are not only "unfair" which is certainly Trump's prerogative to claim if he wishes, but illegitimate.

    I would not be surprised if Trump has a few ideas about how he would like to handle "illegitimate" protests. He has mentioned some during the campaign, and has also made positive statements about the current or former leaders of Russia, North Korea and Iraq, who have shown their own ways of handling "illegitimate" protests. Let us hope that we do not see those methods practiced in the US during the coming four years.

    Roger Algase
    Attorney at Law
  3. Unregistered222's Avatar
    BWAHAHA Roger. You lose it again. So, you think that smashing car windows and fighting with the police is "constitutional right" Face it Roger, you will be saying good morning president Trump for the next eight years

    By the way, I finally found the phone number and called up this Nigerian guy who promised to tear up his greencard and leave This guy was for some reason was very angry with me when I asked what kind of help does he need in removing himself from this country and surrendering his permanent residence status properly. I even offered him to start GoFundMe campaign to help him out with the one way ticket. For some reason he did not want to talk about it. I will keep calling him up and offering help though. Good day Indeed!



    Quote Originally Posted by ImmigrationLawBlogs
    Trump is, without offering the slightest evidence or justification, blaming the media for the fact that a number of people all over America have exercised their constitutional right to protest. This, together with his equally mendacious reference to "professional protesters" of whom there is also not the slightest evidence, obviously implies that the protests are not only "unfair" which is certainly Trump's prerogative to claim if he wishes, but illegitimate.

    I would not be surprised if Trump has a few ideas about how he would like to handle "illegitimate" protests. He has mentioned some during the campaign, and has also made positive statements about the current or former leaders of Russia, North Korea and Iraq, who have shown their own ways of handling "illegitimate" protests. Let us hope that we do not see those methods practiced in the US during the coming four years.

    Roger Algase
    Attorney at Law
  4. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    Trump is, without offering the slightest evidence or justification, blaming the media for the fact that a number of people all over America have exercised their constitutional right to protest. This, together with his equally mendacious reference to "professional protesters" of whom there is also not the slightest evidence, obviously implies that the protests are not only "unfair" which is certainly Trump's prerogative to claim if he wishes, but illegitimate.

    I would not be surprised if Trump has a few ideas about how he would like to handle "illegitimate" protests. He has mentioned some during the campaign, and has also made positive statements about the current or former leaders of Russia, North Korea and Iraq, who have shown their own ways of handling "illegitimate" protests. Let us hope that we do not see those methods practiced in the US during the coming four years.

    Roger Algase
    Attorney at Law
    What are you talking about? He just said he thinks the protests were unfair. How is that a threat? You are trying to silence him because you don't like him or the things he says. That's the essence of what is meant by assaulting the right to free speech. The right to free speech was put in the Constitution to protect people against such attempts to silence them.

    Nolan Rappaport
  5. ImmigrationLawBlogs's Avatar
    It seems that neither Nolan nor I were aware that Trump evidently thought better of the tweet which I was so critical of and which Nolan was trying to defend even when Trump himself was no longer standing by it.

    I have printed Trump's new tweet, in my above update and revised my original comment accordingly. The new tweet shows respect for dissent in the great tradition of America, even when the dissent is directed against him. If Trump continues to show that same respect and inclusiveness, especially toward immigrants and other minorities, who are also part of American society, he might just turn out to be a great president after all, despite the many indications to the contrary during his divisive and intolerant campaign.

    Roger Algase
    Attorney at Law
    Updated 11-11-2016 at 06:03 PM by ImmigrationLawBlogs
  6. Felpone's Avatar
    Secession is in the air indeed (courtesy of course of Mr. Trump while congratulating the deceptive tactics carried out by his advisers).

    Will California And Oregon Leave The Union? Facts About CalExit And Democrats' Secession Movement
    http://www.ibtimes.com/will-california-oregon-leave-union-facts-about-calexit-democrats-secession-movement-2445385

    "...Gavin Newsom, the lieutenant governor of California, said many ?enlightened? voters in the West don't support the future Trump administration. "We are a nation state," Newsom told the New York Times. "In so many ways, we are America. But we are just ahead of the curve."

    In Oregon, two residents submitted a ballot proposal this week on the state becoming an independent nation. Attorney Jennifer Rollins and writer Christian Trejbal of Portland called the petition for the 2018 ballot the "Oregon Secession Act." The measure states the new Oregon could join up with "other states and Canadian provinces," including California..."

    More info about the 2019 #Calexit Independence Referendum
    #Calexit (Twitter)
    Calexit Bluebook
    http://www.yescalifornia.org/calexit_blue_book

    Oregon Secession Act
    http://oregonvotes.org/irr/2018/009text.pdf

    Cascadia Now
    http://www.cascadianow.org
  7. Felpone's Avatar
    "If Donald Trump takes people's anger and turns it against Muslims, Hispanics, African Americans and women, we will be his worst nightmare."
    US Senator Bernie Sanders' Tweet of 11/10/2016

    A recipe for major social unrest all over the country is brewing right now if Mr. Trump pretends to implement draconian measures against unlawfully present immigrants who lack of criminal record.

    Protests against President-elect Trump will increase in the coming weeks, clearly symbolizing Sir Issac Newton's Third Law of Motion:

    ?Lex III: Actioni contrariam semper et ?qualem esse reactionem: sive corporum duorum actiones in se mutuo semper esse ?quales et in partes contrarias dirigi.?

    Translated to English, this reads:
    ?Law III: To every action there is always opposed an equal reaction: or the mutual actions of two bodies upon each other are always equal, and directed to contrary parts."
  8. Felpone's Avatar
    The last thing President-elect Trump needs right now...

    KKK announces North Carolina ?victory? parade
    While one report of Ku Klux Klan activity in North Carolina following Donald Trump?s election as president was debunked, the real KKK has announced a rally in the state.

    Trump, a Republican, was officially endorsed by the KKK during his campaign against Hillary Clinton, a Democrat. Trump won North Carolina on his way to winning the presidency, defeating Clinton here by nearly 5 percentage points.

    Details on the rally celebrating Trump?s victory are scarce. It?s being held by The Loyal White Knights of the Ku Klux Klan, which is based in Pelham ? a small, unincorporated community about 45 minutes north of Burlington, near the Virginia border.

    Read more here: http://www.newsobserver.com/news/politics-government/politics-columns-blogs/under-the-dome/article113915898.html#storylink=cpy
  9. Unregistered222's Avatar
    Looks like our village idiot - "presidents are selected not elected" crawled from under the rock and making more stupid statements. How this "Hilary was selected to be a president" thing is working out for you? I would debate your statements,but since you had such, an epic fail. I will not even argue You are a sordid loser who failed miserably in making political predictions. I am not, on the other side I helped Trump campaign and Trump will be in the White House


    You lose, I win. To be continued...

    Quote Originally Posted by Felpone
    Secession is in the air indeed (courtesy of course of Mr. Trump while congratulating the deceptive tactics carried out by his advisers).

    Will California And Oregon Leave The Union? Facts About CalExit And Democrats' Secession Movement
    http://www.ibtimes.com/will-california-oregon-leave-union-facts-about-calexit-democrats-secession-movement-2445385

    "...Gavin Newsom, the lieutenant governor of California, said many ?enlightened? voters in the West don't support the future Trump administration. "We are a nation state," Newsom told the New York Times. "In so many ways, we are America. But we are just ahead of the curve."

    In Oregon, two residents submitted a ballot proposal this week on the state becoming an independent nation. Attorney Jennifer Rollins and writer Christian Trejbal of Portland called the petition for the 2018 ballot the "Oregon Secession Act." The measure states the new Oregon could join up with "other states and Canadian provinces," including California..."

    More info about the 2019 #Calexit Independence Referendum
    #Calexit (Twitter)
    Calexit Bluebook
    http://www.yescalifornia.org/calexit_blue_book

    Oregon Secession Act
    http://oregonvotes.org/irr/2018/009text.pdf

    Cascadia Now
    http://www.cascadianow.org
  10. Unregistered222's Avatar
    Lol. Bernie already worst nightmare for himself.

    By the way, little birdie told me, you will soon learn Trump picks of DHS and DOJ secretaries. Believe me, there will be no civil unrest of any kind What we might see will be mass run of illegal aliens for the border

    Quote Originally Posted by Felpone
    "If Donald Trump takes people's anger and turns it against Muslims, Hispanics, African Americans and women, we will be his worst nightmare."
    US Senator Bernie Sanders' Tweet of 11/10/2016

    A recipe for major social unrest all over the country is brewing right now if Mr. Trump pretends to implement draconian measures against unlawfully present immigrants who lack of criminal record.

    Protests against President-elect Trump will increase in the coming weeks, clearly symbolizing Sir Issac Newton's Third Law of Motion:

    ?Lex III: Actioni contrariam semper et ?qualem esse reactionem: sive corporum duorum actiones in se mutuo semper esse ?quales et in partes contrarias dirigi.?

    Translated to English, this reads:
    ?Law III: To every action there is always opposed an equal reaction: or the mutual actions of two bodies upon each other are always equal, and directed to contrary parts."
  11. Felpone's Avatar
    Quote Originally Posted by Unregistered222
    Looks like our village idiot - "presidents are selected not elected" crawled from under the rock and making more stupid statements. How this "Hilary was selected to be a president" thing is working out for you? I would debate your statements,but since you had such, an epic fail. I will not even argue You are a sordid loser who failed miserably in making political predictions. I am not, on the other side I helped Trump campaign and Trump will be in the White House


    You lose, I win. To be continued...
    Too bad that the British East India Company relinquished its lawful mandate over the territories where you were born - you would be better off under their rule today.
  12. Felpone's Avatar
    Meet the new boss, same as the old boss...

    DACA recipients should be less anxious now by this announcement and there is a big chance that the current rules won't be eliminated under the upcoming administration (perhaps modified only, more restrictive for sure; however, DAPA/DACA+ is dead on arrival).

    Moreover, it shouldn't be a surprise to learn that the rules issued by Secretary Jeh Johnson on 11/20/2014 dealing with alien removal priorities will be still in effect.

    Trump vows to deport millions immediately
    http://thehill.com/blogs/ballot-box/presidential-races/305774-trump-vows-to-deport-millions-of-criminal-undocumented

    Donald Trump says he will will immediately deport or incarcerate 2 million to 3 million "criminal" undocumented immigrants once he takes office in January.

    ?What we are going to do is get the people that are criminal and have criminal records, gang members, drug dealers, where a lot of these people, probably 2 million ? it could be even 3 million ? we are getting them out of our country or we are going to incarcerate,? the president-elect said in an interview on CBS's "60 Minutes," which is set to air Sunday evening.
    ?But we?re getting them out of our country. They?re here illegally.?

    After the border is "secure," Trump said, his administration will begin to make a "determination" about what to do with the remaining undocumented immigrants in the U.S.

    ?After the border is secure and after everything gets normalized, we?re going to make a determination on the people that they?re talking about, who are terrific people ? they?re terrific people, but we are going to make a determination at that,? he said. ?But before we make that determination ... it?s very important, we are going to secure our border.?
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