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Letters of the Week: March 6 - March 12

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  1. ImmigrationLawBlogs's Avatar
    Trump is crazy - like a fox. His lunatic charge, without the slightest scintilla of evidence, that President Obama wiretapped him, has pushed all the media stories about the scandals of his Russia connections and those of his top advisors, and his attempts to conceal them and intimidate people who report about them or want to investigate them, out of the headlines.

    If America were still governed by reason and the rule of law, the wheels of impeachment of Donald Trump would already be in motion.

    To quote from the opening line of Cicero's famous speech against Cataline over 2,000 years ago:

    Quo usque tandem abutere...

    patientia nostra?

    How much longer will Donald Trump's lies, and his attempts to impose a white supremacist dictatorship in the U.S., continue to abuse the patience of the American people?

    Roger Algase
    Updated 03-06-2017 at 09:02 AM by ImmigrationLawBlogs
  2. ImmigrationLawBlogs's Avatar
    Some people have called Trump's efforts to prevent foreign terrorists from coming here "bogus fear-mongering." This is my response to that claim:

    Bogus fear-mongering? I’ll bet that many people in Europe wish their leaders had done what Trump is doing before the terrorist attacks started there. See my article, “The refugee crisis is being blamed for the terrorist attacks in Europe” (August 2, 2016),
    http://www.ilw.com/articles/2016,0802-Rappaport.pdf

    But if Europe had taken the kinds of precautions Trump is taking before it was too late, the people who are complaining about what Trump is doing would have accused their leaders of bogus fear-mongering too.

    It’s too late to undo the carnage in Europe, but it is not too late to take precautions in an effort to prevent it from happening here.

    As I have said many times already, this is not a Muslim ban. Trump is stopping immigration from countries with governments that won’t provide the information we need to do meaningful background checks.

    Don’t believe me? Consider the fact that he removed Iraq from the travel ban when he got assurances from the Iraqi government that they will provide the information we need.

    Nolan Rappaport
  3. ImmigrationLawBlogs's Avatar
    Cicero's famous line which I have quoted above in his speech against Cataline about abusing the patience of society (in his case, in the form of the Roman Senate) was never more apposite than in the case of the seven (now six) country Muslim immigration ban.

    Trump has provided nothing but what one federal court recently called a "nightmare scenario" (in a case involving refugees, but also applicable to Muslim immigrants in general), for claiming that there is any significant national security threat to the US from admitting visitors and immigrants from the seven countries involved.

    Nor is there any record that Trump has produced so far of a single substantiated terrorist incident or threat in the United States by any citizen of the banned countries.

    We are not talking about Europe. Trump is not the president of Europe (much as his friend Putin may be seeking that role through military force and electoral subversion, but that is a different subject).

    On the contrary, as the 9th Circuit pointed out in its TRO decision and oral argument concerning the now-revoked original January 27 Muslim ban, the record is replete with evidence that Trump intended this to be a ban on members of the Muslim religion in general

    Does Donald Trump think that his campaign of hate and invective against Muslims in general, not just the terrorist organizations which are reportedly having a field day recruiting new members on the basis of the intense animosity that Trump and his Bannon/Miller/Flynn cabal have been stirring up against all Muslims throughout the world has been forgotten?

    In looking at the motive for the ban, are the courts and the public supposed to ignore evening Trump has been saying for more than a year past?

    And it is not just a year. The hate-filled history of the Dillingham Commission, which was active from 1907 to 1910, over 100 years ago, and which claimed that Catholic and Jewish immigrants were a danger and a threat to the fabric of American society, and which ultimate led to most members of these two religions being banned from the US in an infamous, openly racist, 1924 law that both AG Jeff Sessions and Bannon's Breitbart Newa have had high praise for, is being brought back to America by Donald Trump.

    Nolan also claims that Iraq, which was put on the banned list just over a month ago, is now suddenly willing and able to provide sufficient "vetting" information about its citizens that it was allegedly unwilling or unable to provide as recently as January 27, 2017, and that is why it has now been removed from the entry ban list.

    Certainly, a legal scholar of Nolan's distinguishec reputation cannot expect anyone to take that argument seriously.

    I repeat Cicero's famous words that are so well known as not to need translation, and which so clearly apply to Trump and his Muslim ban:

    Quo usque tandem abutere...

    patientia nostra?

    How much longer will Donald Trump and his cabal of hate against not only Muslims, but all non-white immigrants (since we all know that the seven or six country and and worldwide refugee bans are only the first step toward closing America's border against non-white immigrants in general) continue to abuse the patience of the American people and America's very existence as a nation of freedom and equality fo all?

    Roger Algase
    Attorney at Law
    Updated 03-08-2017 at 02:26 PM by ImmigrationLawBlogs
  4. ImmigrationLawBlogs's Avatar
    The only hate filled history I am aware of in this context is the collection of outrageous statements that Roger has made about President Trump. I do not recall a single day when he hasn't posted one on the ILW.com website.

    Give it a rest, Roger.

    Nolan Rappaport
  5. ImmigrationLawBlogs's Avatar
    With regard to the ludicrous argument that Nolan mentions concerning Iraq's alleged about face in suddenly being willing and able to provide the US with "vetting" information about its citizens that it allegedly was unwilling or unable to provide just over a month ago, the main justification for Trump's Muslim ban, according to the January 27 EO itself was that the US needed more time to decide what additional information it needs about people it admits to the US. If the US has not yet decided what additional information it needs, how can Trump be so sure that Iraq is now ready to provide it?

    What kind of country is America turning into under Donald Trump?

    As Cicero said in the same speech referred to above:

    O tempora! O mores!

    To
    paraphrase::
    What kind of society and what kind of time do we live in?

    Nolan has also made some personal comments about me and the reasons for my comments which, out of respect for his distinguished achievements and reputation, i will not respond to.

    Roger Algase
    Attorney at Law
    Updated 03-08-2017 at 05:39 PM by ImmigrationLawBlogs
  6. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    With regard to the ludicrous argument that Nolan mentions concerning Iraq's alleged about face in suddenly being willing and able to provide the US with "vetting" information about its citizens that it allegedly was unwilling or unable to provide just over a month ago, the main justification for Trump's Muslim ban, according to the January 27 EO itself was that the US needed more time to decide what additional information it needs about people it admits to the US. If the US has not yet decided what additional information it needs, how can Trump be so sure that Iraq is now ready to provide it?

    .......

    Nolan has also made some personal comments about me and the reasons for my comments which, out of respect for his distinguished achievements and reputation, i will not respond to.

    Roger Algase
    Attorney at Law
    Once again, Roger is assuming bad faith and underhanded intentions on the president's part. The pertinent part of the original Executive Order reads as follows:

    After the 60-day period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals .... from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs.

    Trump is saying that the secretaries of State and DHS are tasked to find out which countries will provide the requested information, and then draw up a list of countries that refuse to comply which they think should be included in a proclamation that will prohibit the entry of their nationals until they come into compliance.

    In other words, the directive isn't rigid at all. The secretaries will do what they are tasked to do and then give Trump a recommendation. He will then decide which if any of the countries in question should be included in the proclamation.

    Trump has decided that the willingness of the Iraqi government to provide whatever information is requested and the other factors he describes in the revised Executive Order warrant taking them out of the travel ban.

    Why can't Roger give Trump credit for being flexible and removing one of the countries from the travel ban? That's a good thing, isn't it?

    As for my "personal comments" about Roger. They were not intended to be an insult. I am just tired of seeing one of his Trump diatribes in every issue of ILW.com, and in the comment section of every article I post on ILW.com, whether it has anything to do with the subject of my article or not.

    This makes me think of the fairy tale of the boy who cried wolf.

    Nolan Rappaport
  7. ImmigrationLawBlogs's Avatar
    Nolan rarely, if ever addresses the mountain of evidence, beginning with Trump's call for a ban on US entry by all Muslims throughout the world in December, 2015, and continuing with his appointment of two of America's most notorious Muslim- haters, Stephen Bannon and the now disgraced Michael Flynn, as two of his top advisors after he was elected president while being rejected by the majority of Americans who voted in the election, that Trump's six or seven country Muslim bad is motivated by demagogic appeals hare and fear, not to any genuine national security concerns.

    Nolan refers to Trump's "flexibility" in terms of which countries may be included in the ban in the future. Yes, there is "flexibility" in Trump's order - flexibility to add more Muslim countries to the ban in the future until his original goal of banning Muslim immigration world-wide is achieved.

    However, there is one point where I agree with Nolan: Trump's proposals to reduce legal immigration to the US and to engage in mass deportation of unauthorized immigrants living in America are not only aimed against Muslims.

    They show many signs of being part of a larger plan, one which looks back to the bigoted 1924 immigration law which both Jeff Sessions and Bannon's Breitbart News have had such high praise for, and which Trump himself indirectly supported in his his August 31, 2016 immigration address - namely reducing or eliminating all immigration to the US from non-white areas of the world.

    Nolan also suggests that my criticism of Trump is based on some kind of personal animosity. This idea is baseless.

    I refer Nolan to the March 7 issue of Bloomberg Law Daily Labor Report (I do not have the link) which contains an article dealing with the recent decision by USCIS to put a temporary hold on H-1B premium processing.
    I was virtually the only lawyer cited in the article who did not express suspicions that this suspension was part of a plot to eliminate the H-1B visa and to launch an attack on other legal employment-based programs.

    I was the only voice in the article saying that Trump cannot be blamed or held responsible for everything that takes place in the immigration system, and that the USCIS action with regard to H-1B premium processing was reasonable, and should be taken at face value as a measure to shift limited USCIS resources over to the H-1B regular processing system in order to reduce the serious backlogs in regular H-1B processing, which can now take up to 8 months or even longer.

    But with Trump's Muslim country ban, we are dealing with an entirely different situation, one where Trump has been consistently seeking to demonize 1.6 billion people around the world, and to divide Americans, purely on the basis of their religion.

    This is against America's deepest values, against the spirit, if not the letter of our Constitution which protects religious freedom, and puts America's democracy in far more danger than whatever real or concocted imperfections might exist in America's procedures for screening immigrants from Muslim countries or refugees from all over the world.

    Roger Algase
    Attorney at Law
    Updated 03-10-2017 at 06:55 AM by ImmigrationLawBlogs
  8. ImmigrationLawBlogs's Avatar
    We all know it, so what is the point of burying our heads in the sand or pretending it isn't real?

    That won't make it go away.

    http://www.alternet.org/news-amp-pol...resident-trump

    Roger Algase
    Attorney at Law
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