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My holiday poem (in Japanese waka verse style):

In this holiday

Season of Hanukkah and

Christmas, let us hope

That we can live in a world

Which will be free from hatred.

See my blogging below about immigration, Hanukkah, and Human Rights, and have a wonderful holiday.

Roger

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ImmigrationLawBlogs started a blog post Before Hanukkah celebration of freedom and human rights, 25 Jewish Congressional members demand Stephen Miller’s ouster – while he launches vicious new attack against immigrant children By Roger Algase

12-22-2019, 12:53 PM

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As the Jewish festival of Hanukkah, which has been a symbol of liberty and freedom from oppression for 2,000 years approaches, 25 Jewish members of Congress, all Democrats, have signed a letter demanding the resignation of Donald Trump’s main architect of oppression and persecution against nonwhite immigrants. This is even as Miller is reportedly preparing a new secret plan to inflict more appalling cruelty and violations of basic human rights against detained immigrant children because he objects to the color of their skin.

For more on the Congressional members’ letter, which was in reaction to the shocking revelation of Miller’s almost 1,000 recent extremist white supremacist anti-immigrant emails, see CNN (December 20):

https://www.cnn.com/12/20/politics/jewish-members-of-congress-stephen-miller/index.html

The letter, addressed to Donald Trump (who will now forever be known as the third president in US history to be impeached by the House of Representatives) states in part:

“As Jewish members of Congress, we are calling on you to immediately relieve White House Senior Advisor Stephen Miller of all government responsibilities and to dismiss him from your administration…His documentation of white nationalist and virulently anti-immigrant tropes is wholly unacceptable and disqualifying for a government employee.”

But even as the above letter was written a news item has now come to light about a secret new policy that Miller has reportedly launched that will make it harder for detained immigrant children to be released by ICE to the custody of family members or friends who are willing to come forward to take custody of them.

This vicious new policy represents a new low in the appalling cruelty that Trump and Miller have shown toward young children whom Trump and Miller do not think should be welcome in the US because, as Trump reportedly said almost two years ago (in January 2018), they are not from “Countries like Norway.”

Details of Miller’s plan, which has not been publicly announced are contained in a December 20 Washington Post article entitled:

Under secret Stephen Miller plan, ICE to use data on migrant children to expand deportation efforts

htps://www.washingtonpost.com/immigration/under-secret-stephen-miller-plan-ice-to-use-data-on-migrant-children-to-expand-deportation-efforts/201…

The Post reports that senior officials at the Department of Health and Human Services:

“…agreed to allow Immigration and Customs Enforcement agents to collect fingerprints and other biometric information from adults seeking to claim children at migrant shelters. If these adults are deemed ineligible to take custody of children, ICE could then use their information to target them for arrest and deportation.”

The Post;s report also shows that this appears to be yet another attempt by the Trump-Miller regime to defy the intention of Congress, in keeping with the virtual dictatorship over immigration policy that America’s third president to be impeached by the House (and the second for abuse of power) is imposing under the authoritarian “unitary executive” theory which directly conflicts with the Constitution and with our basic principles of democracy.

The Post report states:

“The arrangement appears to circumvent laws that restrict the use of the refugee program for deportation enforcement. Congress has made clear that it does not want those who come forward as potential sponsors of minors in U.S. custody to be frightened away by potential deportation.”

But this is precisely what Stephen Miller is attempting to do, according to the above report.

How ironic that this appalling attack against children in pursuit of the Trump-Miller administration’s racial immigration agenda came to light just before the Hanukkah holiday This holiday, which began this year on the evening of December 22, celebrates the heroic resistance of the Maccabees, Jewish freedom fighters, against an oppressive ruler, Antiochus, king of Syria, in 169 B.C.

Rabbi Sid Schwarz explains the meaning of Hanukkah as follows:

“Hanukkah is the Jewish festival of religious liberty and freedom.”

But Hanukkah stands for more than just freedom of religious persecution – such as Donald Trump instituted within days after taking office ac president by imposing his Muslim ban – a blatant violation of the Constitutional guarantee of religious freedom which should have immediately led to impeachment proceedings at that time.

As Rabbi Schwarz also writes concerning the tradition that a small amount of oil for the temple lamp lasted for eight days, Hanukkah is also a celebration of Human Rights in general:

“Whether one believes literally in the miracle of the high-octane oil, on a spiritual level Hanukkah is about a much bigger miracle. It is the miracle of faith conquering fear. of the few overcoming the many, of liberty winning out over oppression.

Hanukkah falls close to Human Rights Day which we celebrate every year on December 10. We ignore this day at our peril. The date was based on the 1948 ratification of the Universal Declaration of Human Rights by the general Assembly of the United Nations.

Enshrines in the Universal Declaration of Human Rights are principles at the core of democracy: the right to life, liberty and security of person; equal justice before the law; protection against cruel and degrading forms of punishment…”

www.rabbisid.org/hanukkah-and-human-rights/

What could be a more cruel and degrading practice than keeping young children incarcerated while intimidating their parents or other family members against coming to pick them up because of fear of being deported? It would be hard to imagine any greater form of deliberate sadism.

Therefore I would like to make the following proposal to Stephen Miller, the great grandson of an impecunious early 20th century Jewish immigrant who would without any question be barred from entry to the US under Miller’s own vastly expanded Public Charge rules (if they ever go into effect).

I would ask Miller, who seems to be totally oblivious to the history of persecution and exclusion that Jewish immigrants were subjected to by the US government for much of the 20th century, including the 1930’s and 1940’s at the time of their most desperate need, whether he would be willing to agree to the following proposal:

If Stephen Miller and Donald Trump, who claims to be a great friend of the Jewish people and whose own daughter and son-in-law are Jewish, are unwilling to abandon their inhuman and arguably illegal practice of frightening parents or other relatives of detained immigrant children from coming to pick them up and arrange their release, through fear of action by ICE, would Trump and Miller be willing to suspend this barbaric practice for at least the eight days of Hanukkah as a gesture of good will, and in the spirit of the holiday?

Or would that be too much to ask?

With the above thoughts, I wish all readers a Happy Hanukkah and a very Merry Christmas.

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Roger Algase
Attorney at Law

Last edited by ImmigrationLawBlogs; 12-23-2019, 10:25 AM.

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ImmigrationLawBlogs started a blog post Trump administration moves to deport Dreamers after giving assurances that it wouldn’t. Dreamers’ plight is not Obama’s fault By Roger Algase 12-25-2019, 10:09 AM Share  Tweet

At the time when President Barack Obama instituted DACA, there was a warning from the opposition side that one day, under a different president, DACA might make it easier rather than harder to deport immigrants registering for that program. The reasoning was that by registering for DACA, millions of unauthorized immigrants would be providing the government with personal information which could later be used against them for deportation purposes.

However, the fact that DACA information might later on be misused by a future malevolent president for a purpose opposite the the one intended was certainly no reason for scrapping the entire program. At least it is unlikely that the 800,000 immigrants who are now benefiting from DACA would agree. Almost any action that is taken with regard to immigration might have results in the future different from those initially contemplated.

To give an example of a different immigration program, at the time that Trump instituted the Muslim ban executive orders, supporters of the ban didn’t seem to realize that if a current president were given the power to defy the guarantee of religious freedom enshrined in our Constitution by banning immigrants from Muslim countries, a future president whose bigotry might run in a different direction form Trump’s bigotry, might use the same power to ban Jewish immigrants from Israel, or to ban Catholic immigrants from Europe (as was in fact done in the 1924 immigration law..

In any event, warnings about possible misuse of DACA in the future were not taken seriously, because at the time that he announced the termination of DACA, Trump put out the line that, of course, he would never dream of doing anything as nasty as actually deporting DACA recipients. Later on, during Supreme Court argument on DACA, Chief Justice Roberts bought into these assurances hook, line, and sinker, as Frank Sharry of America’s Voice describes in a December 23 press release entitled:

Chief Justice Roberts, You were wrong. Trump does want to deport DACA recipients

Sharry quotes Roberts during the Supreme Court’s oral argument on DACA as saying:

“…the whole thing [about DACA] was about work authorization and these other benefits. Both administrations have said that they’re not going to deport the people.”

Now, with a December 21 CNN report that the Trump-Miller administration is moving to reopen previously closed deportation cases against DACA recipients who have no or only minor criminal records, Trump’s assurances are turning out to be a hollow, if not actually fraudulent, as so many of his other statements on immigration have been.

For this reason, Roberts was either in denial, as Frank Sharry asserts, or was being misled by the Trump administration about the real issue involved in DACA. See CNN:

ICE reopening long-closed Dreamer deportation cases

https://www.cnn.com/2019/12/21/ice-reopening-dreamer-deportation-cases-invs/index.html

Is this about-face (one might call it turncoat action) by Trump and Miller the fault of former president Barack Obama? That would seem to be an example of convoluted, if not Orwellian, reasoning at best – the idea being that a president who saved neatly a million immigrants from deportation through DACA really hurt them instead, while a different president who is actually threatening to deport them has no responsibility for this action.

CNN reports as follows:

“ICE confirmed to CNN that DACA recipients whose deportation cases have been administratively closed can expect to see them reopened. In an email, the agency states that ‘re-calendaring of administratively closed cases is occurring nationwide and not isolated to a particular state or region.'”

The same CNN report also states:

“The move to reopen deportation cases against Dreamers comes as the US Supreme Court considers whether to let the Trump administration end the program – and during oral arguments in November, at least some justices made it clear that they were accepting the president’s assurances that ending DACA would not mean deporting Dreamers.” 

The only possible conclusion is that the Trump administration either deliberately misled the Supreme Court, whose Chief Justice and, as CNN also mentions, other justices as well, relied on its assurance that no Dreamers would be deported; or else that the no deportation assurance is now “inoperative” (to use a famous expression from the Nixon administration during the Watergate scandal).

The above raises a few questions:

1) Is this act of outright deception (worst case) or sleight of hand (at best) on the part of the Trump administration with regard to its intention to deport Dreamers if DACA is terminated the fault of former President Obama?

2) Full information about Dreamers whose deportation cases were closed was already known to the government at the time that President Obama established DACA. Otherwise, the deportation cases would not have been started in the first place. How could establishing DACA and closing their cases have put these deportation respondents at any greater risk than they already were subject to?

3) President Obama established DACA to try to save the “Dreamers” from being deported. Donald Trump is now trying to end DACA in order to deport them. If they are eventually deported, will that be President Obama’s fault? That kind of argument could only come out of a George Orwell novel.

4) Finally, we must ask, why is it so important to the Trump and Miller administration to deport the “Dreamers”? To answer that question, we need look no further than Miller’s recently revealed almost 1,000 emails contending that non-white immigrants are not welcome in the United States, with or without legal status.

Deporting 800,000 “Dreamers” would be only one part of Miller’s drive to accomplish this sweeping, white supremacist agenda, which would take America back to the 1924 Europeans-only immigration regime that Miller reportedly holds up as his ideal in the above mentioned emails, and which has very arguably become the basis of the Trump administration’s entire immigration agenda.

As The Atlantic states regarding Miller’s recently revealed immigration related emails (November, 2019):

” That Miller himself possesses a Jewish background is no obstacle to his believing that the racist and anti-Semitic restrictions of the 1920’s were a great achievement and that the law that repealed them was a great tragedy. These comments shed a great deal of light on Miller’s motives in shaping administration policy.”

https://www.theatlantic.com/ideas/archive/2019/11/stephen-miller-alarming-emails/602242/

Nothing could be clearer about who will be responsible for deporting up to 800,000 Dreamers if Chief Justice Roberts and the other Supreme Court “conservatives” buy into the Trump administration’s worthless assurances that the Dreamers will be safe from deportation even if DACA is terminated.

The president responsible for that exercise in ethnic cleansing will not be named Barack Obama.

Roger Algase

Attorney at Law

Last edited by ImmigrationLawBlogs; 12-26-2019, 10:23 AM.

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Thanks, Roger, for sharing your thoughts and for “telling it like it is!”

It’s pretty obvious that Solicitor General Noel Francisco lied to the Supremes about the Dreamers’ fate! He also misrepresented the dire consequences of depriving them of employment authorization and other aspects of being allowed to reside here “under color of law” as opposed to just “not being removed.” That’s in addition to his mental gymnastics of substituting a non-existent “policy” rationale (hint, there is no legitimate policy rationale for dumping on the Dreamers) for the original “bogus legal rationale” put forth by Sessions.

It’s by no means the first time that DOJ lawyers have lied to or mislead Federal Courts about immigration policies and the motives for actions by the Trump regime. How about the “Census Case,” providing bogus rationales for the Travel Ban, reprogramming money for “the Wall” based on a fabricated “national emergency,” denying the existence of a child separation program, claiming that reuniting children was “too difficult,” the “Let ‘Em Die in Mexico” program, or papering over Session’s nativist bias and motives for the “A-B- Atrocity,” to name just a few of the more obvious and egregious ones? Essentially, it’s like claiming that “poll taxes” were about “raising revenue” or that “separate” was “equal.” 

For most lawyers, lack of candor to a Federal Court would be a serious matter, putting their licenses to practice law at risk. Why are Francisco and the rest of his merry band at DOJ, all the way up to Barr and Sessions before him, exempt from the normal rules of ethics and professional conduct? Why do the Supremes continue to reward his dishonesty by time and again granting his largely frivolous requests to “short circuit” normal judicial procedures and get an immediate audience with the Supremes?

Since Trump and “Moscow Mitch” are stacking the Article III Judiciary with what they believe to be reliable Trump sycophants, it probably would be a mistake to think that “equal justice for all” will reappear in the Article IIIs any time soon.

PWS

12-26-19