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  1. Supreme Ct. Muslim Ban Decision Could Allow Trump to Ban All Non-White Immigration Through "National Security" Executive Fiat. Roger Algase

    This post is updated as of 7:22 pm on June 30.

    Two recent developments, one, directly related to immigration, and the other dealing with foreign trade, show that the decision by a right wing 5-4 Supreme Court majority to uphold Donald Trump's Muslim Ban executive order is likely to have an effect far beyond the immediate objective of reducing immigration to the US by people who belong to a religion which America's current president doesn't happen to hold in very high esteem - just as other leading US politicians in the not at all distant past looked unfavorably on immigration by people belonging to Jewish communities of the world.

    The first is the report on the site that the Trump administration is planning a massive overhaul of the asylum regulations which would in effect make it impossible for Central Americans to receive asylum, and thereby make a major reduction in immigration by brown people from that part of the world.

    Just one example of the draconian new proposed regulations now reportedly in preparation would be to make anyone who is convicted of the misdemeanor of entering the US at any place other than an authorized port of entry permanently ineligible to receive asylum, no matter how strong the case for asylum might otherwise be.

    This might at first glance not seem to be so unreasonable. What is the point of having a system of legal entry points at all, if people can come in anywhere along the border that they choose, make an asylum claim, and then stay in this country during the entire time that the claim is wending its way through our legal system? If that is not the very definition of "open borders". what is?

    The only problem with this line of thinking is that the Trump administration has now closed the legal points of entry to asylum seekers and is telling them that the entry points are filled up to capacity and are not accepting any more people.

    This leaves no way that someone from Central America can enter the US to file an asylum case, despite a 2008 US law that allows them to do exactly that.

    And this is just one of many drastic changes in the asylum laws that the Trump administration is now planning to bring about by executive fiat, without going through Congress, to stop brown people from entering the United States with legal permission. For the full story, see:

    No one should think for a moment that this latest attempt to cut off immigration from outside Europe is limited to asylum law. Trump's furious attacks on the current laws allowing extended family immigration, including his own mother, grandfather and, much more recently, wife's parents, as well as the diversity visa, because many of the beneficiaries of these provisions have darker skin color than his own relatives did, as well as his administration's assault on the Asian-professional friendly H-1B visa, show that the ultimate goal is ending most or all non-white immigration, not just this or that legal immigration category on one pretext or another.

    And how is this goal of returning America's immigration system back to the white supremacist one that America had before 1965 to be accomplished? This is what makes the Supreme Court's Muslim ban decision so dangerous.

    Obnoxious as it was, even the openly racist, antisemitic "national origins" immigration act of 1924 which Adolf Hitler claimed to be inspired by writing in Mein Kampf, and which Trump's AG Jeff Sessions (even though he is of course not in the least anti-Jewish - nor is Trump) also praised as a Senator in his immigration "Handbook" only 3 years ago, in January 2015, was passed by America's elected representatives in Congress through democratic procedures.

    But now, under the Supreme Court's Muslim ban decision, the door is now open for Donald Trump to go back to that bigoted, "Nordics-only" law, or something similar, and abolish the race-neutral immigration system that America has had, at least in principle, for the past half century, merely by declaring a "national security emergency" caused by an "infestation" of vermin and "invasion" by "animals" (to quote from Trump's own recent statements) who are not from "Countries like Norway" ( as per his January 11 statement at a White House meeting).

    Is this unthinkable, even from Donald Trump? Not at all.

    The New York Times reports that Trump is considering declaring a national emergency to stop certain Chinese investments in the US merely as part of his trade war.

    If Trump can do this by executive fiat to stop investment from coming into the US using national security as a pretext, what can stop him from doing the same to stop people who have the "wrong" skin color or religion from coming to America in the same way?

    The Supreme Court has now given Trump a green light to do exactly that. Is there any reason to think that a president whose unspeakably cruel and inhuman "zero tolerance" family separation policy, even though it has officially been rescinded (and is being replaced by an almost equally brutal and sadistic "indefinite" family detention policy) is now being protested by thousands of outraged immigrants and Americans alike in, according to the latest reports, more than 700 cities and towns across America.

    For an earlier report, see:

    will hesitate to accept the High Court's open invitation to run America's entire immigration system as an absolute dictator, accountable to no one but himself, rather than a constitutionally constrained chief executive of a democratic country, in order to carry out his white supremacist agenda?

    Roger Algase
    Attorney at Law

    Updated 07-01-2018 at 08:15 AM by ImmigrationLawBlogs

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