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Letters of the Week: May 8 - May 14

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  1. ImmigrationLawBlogs's Avatar
    No one who has been reading my Immigration Daily letters or blog comments will mistake me for being a cheerleader for Donald Trump. But I try to base my comments about him on things that he has in fact said or done, not what his other critics may make up or distort about him.

    I refer to an article in the May 8 Washington Post which states that Trump "extended" the controversial EB-5 investor visa program for six months in the latest appropriations bill, which Congress passed and Trump signed last week to prevent a government shutdown.

    Regardless of the merits or demerits of EB-5, which I have written about in nore detail in my own blog due to appear in the May 8 Immigration Daily issue, the decision to extend this program for six month's was not the president's but that of Congress, and Trump had no choice other than to go along.

    While his own previous role in using this controversial program for his own businesses, and the hypocrisy of his son-in-law's family's using this visa to solicit funds for their luxury real estate project while Trump issued dire warnings and threats against the H-1B visa is worthy of note (as I also mention in today's Immigration Daily comment), It is inaccurate and unfair to hold Trump responsible for extending the EB-5 program for six months.

    This is not to imply or state that there was anything wrong with this program, which has encountered some problems but is also benefiting America by attracting foreign investment, and has been unfairly attacked by some people who have other agendas besides protecting the integrity of America's visa programs.

    Roger Algase
    Updated 05-10-2017 at 08:50 AM by ImmigrationLawBlogs
  2. ImmigrationLawBlogs's Avatar
    Trump has now fired FBI director James Comey in a desperate attempt to stave off the FBI investigation into his or his aides Russia ties.

    While it is beyond dispute that Comey gave Trump the pretext he needed in the form of misleading testimony to Congress about emails relating to one of Hillary Clinton's aides, the firing still brings America one step closer to dictatorship under a psychologically challenged president whose contempt for democracy and admiration for foreign dictators are becoming more apparent each day of his disastrous presidency.

    We can be sure that any DHS or other agency official who fails to carry out Trump's agenda of anti-immigrant hate to the full will encounter the same fate.

    Comey's firing is a clear warning to all immigration related and other government officials to get in line or suffer the consequences.

    How much longer will it take for Congress to begin impeachment proceedings against this lawless president?

    Roger Algase
    Attorney at Law
    Updated 05-10-2017 at 09:10 AM by ImmigrationLawBlogs
  3. ImmigrationLawBlogs's Avatar
    Paul Schmidt says, “I have yet to see a statement by any state or local official saying that they would refuse to turn a serious criminal over to DHS if a legally sufficient detainer were filed.”

    I disagree. Detainers are not used to take custody of criminal aliens. They are used to take custody of deportable aliens.

    According to the Obama Administration’s Secure Communities memorandum, a detainer is legally sufficient if there is probable cause to find that the subject of the detainer is a removable alien. See page 3, where it says the following:

    “If in special circumstances ICE seeks to issue a request for detention (rather than a request for notification), it must specify that the person is subject to a final order of removal or there is other sufficient probable cause to find that the person is a removable alien, thereby addressing the Fourth Amendment concerns raised in recent federal court decisions.”

    Under the Trump Administration, an alien is removable if any removal ground applies to him, even unlawful presence, i.e., not just the provisions the administration wants to enforce.

    And, there is a statutory presumption in removal proceedings when alienage has been established that the alien is here unlawfully if he cannot establish a lawful entry. Section 291 of the INA.

    Consequently, any detainer issued to hold an “undocumented” alien should be legally sufficient. It would just have to meet the probable cause standard with respect to alienage, and presumably ICE would not be interested in the person without reason to think that he is an alien.

    But the detainer isn’t the real problem for the undocumented alien. The real problem is that he will be subject to expedited removal proceedings when he is picked up by ICE unless he can prove that he has been in the US for more than two years, which includes mandatory detention. See my article, “Noncriminal immigrants facing Trump’s deportation force need legalization, not lawyers” (April 18, 2017), bl...d-legalization

    Do you agree with me?

    Nolan Rappaport
  4. ImmigrationLawBlogs's Avatar
    I would be the very last person to argue that illegal immigration is a good thing for America or something that should be encouraged. Ditto for crimes committed by immigrants.

    We also need to foster respect for the law in a nation that was built on the principle of the rule of law. That includes the president of the United States, who, in the opinion of some observers, including Harvard professor Lawrence Tribe, according to a story in the May 12 New York Times, may have committed the crime of obstruction of justice by firing the FBI director who was in the middle of a criminal investigation involving this same US president, Donald J. Trump, and or his top aides, for alleged possible illegal contacts with Russia that could allegedly have compromised our election system and our democracy.

    Worth thinking about as ICE continues to put detainers on DUI and disorderly conduct offenders, many of whom have not even been convicted.

    Roger Algase
    Attorney at Law
    Updated 05-12-2017 at 07:13 PM by ImmigrationLawBlogs
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