It is only with the greatest respect and appreciation for Immigration Daily's unique and irreplaceable advocacy on behalf of immigrants and immigrant rights that I must take issue with IS's November 2 editorial relating to the proposed changes in the EB-5 investment requirements.. Obviously, the changes are meant to make it much more difficult for applicants to qualify for this program, if not to destroy it entirely.

Clearly, as the ID editorial also points out, the changes are also very arguably aimed against immigrants from India in particular.

As someone who does not practice in the EB-5 field, i am not qualified to discuss the details of the proposed new investment requirements or of ID's proposed fix. I do not take issue ID'seditorial on any point relating to EB-5 details.

My respectful disagreement with the editorial is instead based on the fact that it appears to look at the EB-5 issue in isolation, as if it were somehow separate from Donald Trump's war on immigration, including especially legal immigration, in general. This is like treating the symptoms of a serious disease only, without combating the disease.itself.

For example, if my understanding is correct, the editorial appears to argue that trying to change the EB-5 investment rules to increase the investment requirements would conflict with Trump's main immigration objective, which the editorial identifies as building The Wall.

But can anyone who has been following the news since January 20, 2017 possibly think that Trump's Wall is meant to keep out only impoverished immigrants from Central America who may not have any skills, education, money to invest or other qualifications or legal status? Of course The Wall has no such limited purpose.

If it is ever built, it will be a symbol of the much larger Wall - a Wall against all immigration, including legal immigration, which Trump and his chief immigration consiglieri, Stephen Miller and Jeff Sessions, have been building against all immigrants, legal as well as unauthorized, who are not from "Countries like Norway" as Trump succinctly put it himself on last January 18 in a White House meeting.

To put it a little differently, can anyone who has been watching while the Trump regime has been banning Muslims; cutting refugee admissions to the bone; undermining the foundations of political asylum; abolishing RFE's in order to make approvals much more difficult for legitimate petitions and applications for legal immigration benefits; moving the H-1B approval goalposts almost to the stadium parking lot; distorting the Public Charge exclusion grounds to use as a weapon against potentially millions of applicants for permanent residence, terminating DACA and TPS for over a million immigrants total, delaying USCIS adjudications while vastly broadening arrests and apprehension of out-of status immigrants (I will not even go into the horrendous human rights abuses of Trump's brutal and barbaric immigration detention policies - of which child separation was only the cruel tip of an inhuman iceberg) - the list could go on and on - while at the same time vilifying and demonizing all non-white immigrants as "criminals" and "terrorists" who are "infesting" America like rodents - could anyone watching all of this have thought for a moment that EB-5 would somehow remain immune from this onslaught, like some charmed island of dry land in the middle of a tsunami?

Can EB-5 be saved without combating every other element of Trump's agenda of ethnic cleansing of non-white immigrants at the same time?


That is the question which EB-5 advocates, as well as supporters of refugee admissions, asylum, H-1B skilled immigration, DACA, TPS, family or Diversity immigration; or any of the other legal immigration programs, which are now under siege by the Trump administration's efforts to keep brown immigrants of every category out of the United States, should be asking themselves.

Roger Algase
Attorney at Law