Update, August 15, 9:05 am:

In what could be a major step toward bringing at least a whiff or two of fascism into America's immigration procedures, The Hill reports that Donald Trump is now proposing that immigrants applying to come to America should be forced to take a test of their support for "American values."

The questions would center on support for religious freedom, gender equality and gay rights.

This raises three questions:

First, how many Republican legislators or officials would be able to pass such a teat? Would Donald Trump himself, who has called for a ban on Muslims from coming to America based only on religion and has never expressly retracted this bigoted proposal, be able to pass the test?

Would his VP pick, Gov. Mike Pence, who was forced by outraged public opinion to seek repeal of an Indiana law he had signed allowing discrimination against LGBT people on "religious" grounds, be able to pass the test?

Second, after successfully navigating through this particular exercise in hypocrisy, would the applicant for admission be required to raise his or her right arm straight up and pledge undying personal loyalty Donald J. Trump, as Trump once asked his supporters to do at a rally?

Third, is one of the main purposes of the test to weed out immigrants who do not come from Europe, which is often claimed to be the source of American "values", with the test of "values" serving the same purpose as the infamous, whites-only, "national origin" quotas of the 1924 Immigration Act?

More details of this latest attempt to scapegoat immigrants for America's own social and political problems are expected to emerge when Trump speaks later today.



The following post has been revised and expanded as of August 14 at 6:41 am:

There is an increasing sense among legal scholars and analysts of government that Donald Trump's attacks on racial and religious minority immigrants, together with his lack of respect for the rule of law and for Constitutional separation of powers could lead to American style fascism similar to that being promoted by the right wing nationalist parties of Europe.


Salon.com, December 8, 2015:

Fascism is all the rage in Europe, and it's coming to America


Huffington Post reports on August 12 that a number of conservative legal scholars are so concerned about Donald Trump's authoritarian tendencies that they would rather have Hillary Clinton pick liberal Supreme Court Justices than have to deal with the consequences of a Donald Trump presidency.

Huffpost quotes one of these law professors, Ilya Somin, a constitutional law specialist who teaches law at George Mason University and blogs for the conservative Volokh Conspiracy website, as follows:

"Trump has a terrible record on constitutional issues...He seeks to gut freedom of speech...and undermine the constitutional constraints on executive power even more than Bush and Obama have."

Professor Somin continues:

"Moreover, over the long term, a Trump victory increases the likelihood that the GOP will become a big-government xenophobic party hostile to civil liberties and opposed to most constitutional constraints on government power - much like the far-right nationalist parties of Western Europe, whose platforms are very similar to his."

Professor Somin also adds:

"Such a party is likely to do far more to undermine the Constitution than even a Hillary Clinton victory."

Professor Somin has also been quoted in the New York Times as expressing concern over Trump's threats to "expand" the libel laws in order to retaliate against his political opponents:

"There are very few serious constitutional thinkers who believe public figures should be able to use libel as indiscriminately as Trump seems to think they should...He poses a serious threat to the press and the First Amendment."



There can be little doubt about what Professor Somin means when he refers to the "far-right nationalist parties of Western Europe".

See the above cited Salon.com article, to be discussed in greater detail below, and also:


The August 12 Huffington Post story:

Conservative Legal Scholars Prefer A Liberal Supreme Court To A President Trump

can be found at:


To be continued in Part 2 of these comments.
Roger Algase is a New York immigration lawyer and a graduate of Harvard College, where he majored in Government, and Harvard Law School. He has been helping mainly skilled and professional immigrants obtain work visas and green cards for more than 35 years. Roger's email address is algaselex@gmail.com