Update, May 17, 8:33 pm:

ThinkProgress reports on May 17 that the White House won't rule out the use of the military for deportations, using the Insurrection Act as a pretext. This would go far beyond any conceivable legitimate purpose of this statute and would amount to another major step toward fascism in America. See May 17:

White House confirms Trump i considering using the military to remove immigrants

https:thinkprogress.org/white house-trump-insurrection-act-military-force-remove-undocumented-immigrants-241807ab2572/

If the Insurrection Act can be used for a civil law, not criminal law, purpose such as immigration, what is there to stop Trump from using it next to arrest and incarcerate anyone who criticizes or opposes him for any reason?

It is time to pay serious attention to Trump's use of immigration "enforcement" as an excuse to turn America into a fascist dictatorship - before it is too late.

My earlier comment follows:

In Part 1 (May 16) of my comments on Donald Trump's false and misleading "Merit Based" immigration plan, which was released with a series of Fox News propaganda headlines trumpeting the changes that Trump is supposedly making to base America's immigration on skills rather than family connections, I pointed out that the "new" plan is only a rehash of the white supremacist RAISE Act which Trump supported over a year ago. The main purpose of this proposal was to reduce or cut off family and diversity immigrant from non-white parts of the world.

The only difference is that the RAISE Act would have cut overall world-wide immigration quotas in half, whereas Trump's latest proposal does not include any quota reductions. But the purpose of cutting down on immigration from Asia, Africa, the Middle East and Latin America, which have been main beneficiaries of family and diversity immigration, clearly remains the same.

However, while the mainstream media quickly picked up on the real purpose of the Trump supported RAISE Act last year in cutting down on non-white immigration, this time, many news stories appear to be taking Trump at face value, as if he were really interested in providing mare opportunities and a fairer immigration system for high skilled foreign workers.

But this easygoing, passive acceptance by the media of Trump's latest excuse for cutting doen on nonwhite immigration overlooks the hypocrisy of his claiming to want to help skilled immigrants, when his entire presidency so far has been devoted to a relentless war against these same high skilled immigrants. This war began with Trump's Buy American Hire American (BAHA) executive order which he issued almost immediately on taking office in 2017, It was only the opening salvo in his ongoing attacks against H-1B and other highly skilled immigrants.

These attacks are described in an April 1 article in The Hill by Daniel Griswold and Jacl Salmon, immigration researchers at George Mason University, called:

Trump only hurts America by stifling high-skilled immigration


The authors write:

"There has been a dramatic increase in denials for H-1B visas, with approval rates falling from 87 per cent in 2016 to 59 per cent in 2017, increased scrutiny of H-1B applicants, in the form of 'requests for evidence'. RFE's jumped from 17.3 per cent to 68.9 per cent between 2017's first and fourth quarters."

The same article also points to a significant drop in the number of international students attending US colleges and universities with F-1 visas, and comments:

"Immigration policy experts and college administrators attribute the decline to the administration's drive to restrict immigration and and overall U.S. political climate that is hostile to immigrants and foreigners."

With regard to the H-1B RFE's and denials mentioned above, as an H-1B practitioner for more than 30 years, I can attest from my own personal experience, that while biased or simply incompetent RFE's are certainly not new in these cases, they are coming more frequently and consistently than ever before, with even more absurd rationales, and in total disregard of the law, than in the past. I will be writing about this in more detail shortly, as the new H-1B RFE season fast approaches.

And a February 25 article in cnbc comments also comments on the decline in student visas due to the Trump administration's policies, with particular impact on students from India, the Middle East and North Africa. The article reports:

"'Many of the recent anti-immigrant policies in the United States are the direct result of Trump's 'Buy American, Hire American' executive order' said Henry Chang, a Canadian immigration lawyer..."


Trump's student and work visa policies push legal immigrants to Canada


Trump claims that the only reason for his attacks on family immigration and the diversity visa, which have enabled tens of millions of legal immigrants, mainly from outside Europe, to come to the the US in the past several decades, is to favor highly skilled and educated immigrants.

But Trump has taken no action to rescind the BAHA order or to mitigate the RFE's, petition denials and long processing delays which have been increasingly closing America's doors to the same "merit-based" immigrants whom he now claims to support - at the expense of nonwhite immigrants in all other categories

But Trump does seem to be more friendly to at least a few low skilled workers - namely the H-2B immigrants whom he is continuing to sponsor to work in menial jobs at his resorts and golf clubs.

Evidently, BAHA does not apply at Trump's own properties.

Roger Algase
Attorney at Law