Update, April 15:

See my revised April 15 ilw.com post:


After inexcusable delay, Democrats may finally start to investigate the Trump - Miller agenda of hate and threat to destroy our democracy in order to carry out ethnic cleansing against brown and Muslim immigrants

Update, April 12, 11:46 am:

Greg Sargent asks in the April 12
Washington Post whether the Democrats should be doing more to investigate Stephen Miller's dangerous and destructive influence on the immigration system.

A good question.


See:

The latest Stephen Miller revelations require a tougher Democratic response.

My original comment follows:

The Miami Herald reports on April 11 that a federal district judge in New York, William F. Kuntz of the Eastern District, has issued a 145-page decision blocking the Trump administration from ending TPS for 50.000 to 60.000 Haitians and sending them back to unsafe conditions in Haiti.

The decision found that the TPS termination was motivated by political considerations, not following the law, in a lawsuit which alleged that the TPS termination was based in the president's "racially discriminatory attitude toward brown and black people."

See:Miami Herald:

https://www.miamiherald.com/news/nation-world/world/americas/haiti/article229151574.html

Unlike an October 2018 decision by a California federal district judge, Edward Chen, the New York preliminary injunction was issued after a full trial.

What can we learn from this latest decision (which I have not yet read in full - I have only seen the newspaper report)?

Is this something that concerns only TPS immigrants and their lawyers? Stephen Miller's agenda of racial bigotry is not limited to TPS immigrants, but goes across the board, extending to all aspects of legal as well as unauthorized immigration, as I have been showing during this entire week in a series of comments, With Miller now being put in charge of the entire immigration system, and any officials who might restrain his white supremacist ambitions being purged, how safe is the rest of America's immigration system?


How safe, for example is EB-5, which has long been under attack from anti-immigrant groups and Congressional immigration opponents such as Senator Charles Grassley?

See, June 19, 2018:

https://www.grassley.senate.gov/news-releases/grassley-statement-hearing-eb-5-investor-visa-program

If an airplane catches fire, are passengers in the business class seats safer than the others merely because the business class passengers paid more for their tickets?

Of course, the merits of TPS and EB-5 are totally different; the rules governing poor Haitian immigrants devastated by earthquake, poverty and instability in their country are quite different from the rules governing more affluent immigrant investors.

What does racial prejudice and discrimination care about merits and rules? It is true that Miller has not specifically attacked the EB-5 program (yet - so far as I am aware). But does this mean that EB-5 is immune form attack by a powerful administration official who seems intent on destroying the rest of America's current race-neutral immigration system?

Nor are these concerns purely theoretical. Also on June 19, 2018, USCIS Director L.Francis Cissna presented a written statement to Senator Grassley's Judiciary Committee hearing with (Grassley's) obviously hostile and biased title:

CITIZENSHIP FOR SALE: OVERSIGHT OF THE EB-5 INVESTOR VISA PROGRAM

In his statement, Cissna concluded that EB-5 needed "reforms" to protect against the alleged dangers of "fraud", "abuse" "mismanagement", "national security risks" "money laundering" and "espionage".

Despite this litany of imagined horrors, which one could speculated might have been influenced by a phone call or two from Stephen Miller (though there is no evidence of this that I am have any way of knowing about), Cissna's statement also spoke favorably about EB-5 in general as helping to "support those who wish to contribute to this great country."

Cissna is now also in the process of being purged from the immigration bureaucracy, and is due to be kicked out shortly according to all news reports, as Trump seeks people who will be "tougher" on immigration to put in charge of the system.

While Congress has extended EB-5, the kind of hostile administrative action which has been initiated toward man other legal visa and green card programs under Muller's direction would certainly not be good news for foreign investors who are now contributing billions of dollars to our economy and creating so many new jobs for Americans.

Is EB-5 immune from Stephen Miller? Perhaps everyone concerned with the EB-5 program (which is outside my own area of practice and expertise) might do well to become more involved in the battle to protect ALL legal immigration programs, including, TPS, asylum, family immigration and H-1B, to name just a few, from the Trump-Miller white supremacist assault which is certain to intensify in the wake of Trump's DHS purge.

There may appear to be all the world of difference between desperate women and children felling violence and poverty in Central America (just as Miller's own ancestors did in leaving Czarist Russia for America) and the well off investors who are boosting the US economy and creating jobs for the American people.

But this could well turn out to be nothing more than an illusion ind the era of Donald Trump's "immigration Czar" Stephen Miller.

If the community of EB-5 advocated and professionals cares about the future safety and success of this vital program should they not also be speaking out and taking action against the egregious human rights violations now taking place at the Mexican border and in the US interior under the Trump-Miller regime? And should they not be fighting to protect our entire legal immigration system, which is now in danger of being destroyed by the white nationalists who are now taking control?


As the poet John Donne might say if he were a lawyer in immigration practice today:


"No visa is an island..."


Roger Algase
Attorney at Law