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Trump's War on Immigrants Puts Americans in Fear as Anti-Muslim Hate Spreads and DOL Intimidates H-1B Employers. Roger Algase

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Update, June 13:

A June 13 POLITICO story reports that according to multiple studies, Donald Trump's appeal to racial and religious prejudice among less educated white voters, especially directed against Muslims, immigrants and African-Americans, played a much greater role in his electoral college victory than economic or trade issues.

Despite the fact that Trump is reportedly infuriating some of his hard-right white supremacist voter base by continuing DACA approvals at the same pace as Obama (see my June 13 ilw.com post), most of his immigration agenda is doing nothing to disappoint expectation of the voters whose racial and religious prejudices put Trump in the White House.

http://www.politico.com/story/trump-...muslims-239446

How could anyone have guessed?

My original comment follows:

What Uttara Choudhury, a writer for Forbes India, has, with a great deal of justification, called Trump's "War on Immigrants"

http://www.khabar.com/magazine/cover...-on-immigrants

is now spreading to create anxiety and fear among more and more American citizens as well.

In one of the two latest developments, The Guardian reports that an anti-Muslim group, obviously inspired by the president's attempts to ban almost 200 million Muslims in first seven and then "reduced" to six countries from entering the United States, launched "anti-Sharia" hate rallies throughout the United States on June 10.

https://www.theguardian.com/us-news/...-rights-groups

The Guardian writes:

"The rallies have been organized by Act for America, which claims to be protesting about human rights violations but has been deemed an anti-Muslim hate group by the Southern Poverty Law Center. The demonstrations prompted security fears at mosques across the country and come at a time when hate crimes against Muslims are on the rise."

Of course, the president had nothing to do with organizing these rallies, which were the work of a private group exercising its unquestioned right to free speech under the same First Amendment which it is trying to prevent American Muslims, not only immigrants, from relying on to protect their Constitutional right to freedom of religion.

But there cannot be the slightest scintilla of doubt as to who was the inspiration behind these public manifestations of religious hatred which knows no boundaries of citizenship and does not distinguish between American and foreign citizens. As The Guardian also reports:

"The Saturday rallies in Chicago occurred near a building developed by Donald Trump. Giant letters spelling out 'Trump' loomed on the high-rise over the more than 100 protesters...

A small group also stood at a nearby George Washington monument, chanting, 'America First!' Some wore red hats with Trump's campaign slogan, 'Make America Great Again'."


The Guardian also makes clear in its story that the anxiety and fear created by these Trump inspired hate demonstrations affect not only Muslim immigrants, but American citizens too:

"Concerns within the Muslim American community have risen since the election of Donald Trump, whose campaign routinely drew upon Islamophobic comments."

Meanwhile, in another, not by any means unrelated development, the US Department of Labor issued a June 6 statement full of threats and intimidation against employers of H-1B and other highly skilled immigrants in which the DOL directs agencies to "aggressively confront" alleged visa program "fraud and abuse".

See:

US Secretary of Labor Protects Americans, Directs Agencies to Aggressively Confront Visa Program Fraud and Abuse

https://www.dol.gov/newsroom/release...opa/2017/06/06

In other words, the US Department of Labor, which plays a crucial role in implementing visa programs for high skilled foreign workers and the Americans who employ them, is now, under the direction of the Trump administration, turning into their adversary.

In an ominous warning to US employers who do not fall in line with the DOL's stated goal to "promote" the hiring of Americans (a goal not expressly contained in most of the statutes relating to NIV work visas, or even in many of the green card visa programs, the most notable exceptions being PERM labor certifications, and H-1B hiring by "dependent employers" or "willful violators" only - not most H-1B employers), the DOL is raising the threat of "aggressive" enforcement, including greater resort to criminal sanctions, against whatever it may see as "fraud and abuse".

In other words, the DOL appears to be warning American employers as follows, in essence.

"Yes, the law allows to you hire skilled foreign workers, but if you try to follow that law, you will do so at your own risk and peril."

Reading the text of the DOL's above June 6 announcement, it is difficult in some places to tell the difference between the language of the notice and a typical Donald Trump immigrant-scapegoating campaign statement.

The announcement includes statements such as the following, which follow a tone very different from the normally neutral and objective language that federal agencies usually use in issuing guidance or making policy announcements regarding various legal issues, immigration-related or otherwise:

"Entities who engage in visa program fraud and abuse are breaking our laws and are harming American workers, negatively affecting Americans' ability to provide for themselves and their families."


Any resemblance to a typical Trump campaign statement warning about the alleged dangers of all immigration, legal and illegal, skilled and unskilled, is, one can be quite sure, purely intentional.

This is, of course, in addition to the fact that the president's avowed interest in protecting the living standards of US workers by threatening and intimidating other Americans who wish to employ skilled foreign workers according to law reeks of hypocrisy and bad faith, in the light of his budget proposals which would destroy the social safety net on which the standard of living of millions of American workers depends, while taking away their health insurance, and making severe cuts to job training programs which would make it easier for Americans to be hired in better-paying jobs.

http://www.npr.org/2017/05/23/529711...-advocates-say

What is the message common to both the increase in demonstrations of open anti-Muslim hatred, fueled by Trump's inflammatory campaign rhetoric leading up to his Muslim ban executive orders and subsequent intemperate attacks on, not only U.S. federal judges who opposed these orders, but even his closest fellow anti-immigrant advisers such as A.G. Jeff Sessions, who tried to persuade him to "water down" the Muslim ban, on the one hand, and his administration's attempt to demonize American H-1B employers as purveyors of "fraud and abuse" on the other?

Uttara Choudhury puts it in her above article as follows:

"There's little doubt that Trump has fueled anger against minorities and people who look different."

As her article shows in chilling detail, this can take the form of hate crimes directed against Muslims, or even non-Muslim Indians who may be mistaken for Muslims because of their attire.

And it can also take the form of, to quote the DOL's choice of words,"aggressive confrontation" against the H-1B visa program and other high-skilled worker visas used primarily by immigrants from India and other parts of Asia.
__________________________________
Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. Roger has more than 35 years experience representing skilled and professional immigrants with work visas and green cards.

Roger's practice is concentrated mainly on H-1B specialty worker and O-1 extraordinary ability work visas, and on skilled and professional worker green cards through PERM labor certification; and green cards through both opposite sex and same sex marriage. His email address is algaselex@gmail.com

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Updated 06-13-2017 at 10:34 AM by ImmigrationLawBlogs

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