This comment is in response to Immigration Daily's May 28 editorial Trees, Forests, and Soil of Immigration dealing with the issue of EB-5 visa retrogression. By way of disclaimer, I do not practice in the EB-5 area and the following does not deal with any EB-5 specifics. In that area, no publication or information resource can come anywhere close to equaling the knowledge, insights and wisdom concerning this vitally important program that Immigration Daily provides in virtually every single one issue.

In this spirit, the May 28th editorial offered an extremely important perspective on EB-5 visa retrogression by focusing on the larger context and significance of this program from the standpoint of the overall career and life plans of its . But there is an even larger context still The entire system of legal immigration in all its forms is under intense attack from the Trump/Miller administration, and Trump's rants that "America is Full!" and "There is No More Room!" are not just intended to discourage and intimidate desperate Central American women and children trying to escape from gang and domestic violence.

They are intended fro everyone (from outside Europe, that is) who seeks immigrate to the United States in accordance with our existing laws, very similar to our policies for four decades beginning with the 1924 immigration act. The only difference is that Trump and Miller (with help from Barr) are now doing this on their own, in defiance of the laws of Congress, not with its consent as in 1924.

In the same May 28 issue of immigration Daily, there were two other items that showed the urgency of protecting America's entire legal immigration system from extinction. One, which was published without comment from anyone, as if it were just another routine administrative item was a May 23 presidential memo called:

Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens

Even a cursory reading of this memorandum, which I will discuss in detail in a forthcoming comment, makes it obvious that is is intended to intimidate and harass US sponsors of immigrants for legal visas and green cards by putting them in fear of being targeted financially themselves for their sponsorship. its obvious purpose is to discourage family immigration, which has been the backbone of America's entire legal immigration system throughout our history.

This memo is critically important, because it goes beyond using the Public Charge provisions, which first appeared in the 1882 Chinese exclusion act to keep out Asian immigrants, to attack family based legal immigrants directly. This new memo now indicates that Trump/Miller want to punish Americans fo sponsoring immigrants in accordance with the laws of this country as well.

See also:

The Trump Administration's Next Attack on Immigrant Families (May, 2019):

https:www.povertylaw.org/cleainghouse/articles/pdf

Finally, on the same date, May 28, Immigration Daily published my own comment in which, among other things, I commented on Trump's impending appointment of anti-immigrant zealot Ken Cuccinelli as the head of USCIS, something that, as the agency's employee's union head warns, threatens to destroy Americas entire lehal immigration system.

It is important to talk about the forest of immigration instead of focusing just on the trees. But is is also important to watch out for the iceberg while arranging the deckchairs on the Titanic.

To paraphrase John Donne, "No visa program is an island unto itself."

Donald Trump and Stephen Miller are tolling the bell for most, if not all, legal immigration, not just family immigration. Af anyone has doubts about that, a look at the latest H-1B, L-1 or adjsutment of status RFE or denial decision, or similar ones in any legal immigration category. It is nonsense to assume that highly skilled immigrants are exempt.

If we do not all act together to save our entire legal immigration system, how much longer will it be before sounds of the tolling bell reach EB-5 investors as well?


Roger Algase
Attorney at Law