In my November 5 comment posted on ilw.com, I compared Donald Trump's attacks on the 14th Amendment's guarantee of US citizenship for all US born children, regardless of parents' nationality or immigration status to Hitler's program for taking citizenship away from German Jews in order to exclude them entirely from German society. See:


http://discuss.ilw.com/blogs/immigra...ainst-the-jews

On November 6, the American people dealt a resounding blow to this and the rest of Trump's anti-immigrant agenda by handing the House of Representative back to Democratic control. In addition, in a major defeat for one of America's main architects .of state anti-immigrant and minority voter suppression laws, (which go hand in hand) and a strong Trump ally, Kansas voters defeated Kris Kobach's bid for the governorship.,

The return of the House to Democratic control means, of course, that any hope that Trump may have had of changing what he has often called the "world's dumbest immigration laws" - In other words, laws that allow immigrants from every part of the world an equal chance to qualify for admission and residence in the US regardless of the color of their skin or their countries of origin - through legislation.

One can be quite sure that House committees, for example, will no longer be introducing or considering openly bigoted proposals such as the Cotton-Perdue so-called RAISE Act, which would cut overall legal immigration each year in half.and heavily favored the white countries of Europe, in a return to the spirit of the infamous 1924 "National Origins" Nordics - only immigration law which Adolf Hitler claimed inspiration from (and which Trump's own AG, Jeff Sessions, also praised in an immigration "Handbook" less than four years ago).

Nor will Trump find any support in the House for any fantasy that he might have to the effect that the plain and unequivocal language of the 14th amendment which grants birthrights citizenship to any child born in the United States other than the children of diplomats (who are not "subject to the jurisdiction" of US courts) by enacting legislation intended to limit or abolish birthright citizenship rights..

However, the fact that Trump can forget about changing the actual immigration laws for the remainder of this term in office does not in itself guarantee that he will not continue to pursue his current abuses of power over immigration by administrative means, as he been doing during the past two years almost from his first days in office, beginning with his initial Muslim Ban executive order.

Now, for the first time in the Trump presidency, there will be Congressional committees that will be willing to look behind the facade of Trump's entire administrative anti-immigrant agenda,by questioning the relevant DHS, White House and other officials under oath about the origins and real motivations for these actions. This kind of questioning, motivated by getting at the real truth behind the reasons for the radical changes in immigration that Trump has made entirely on his own, by executive diktat, in true authoritarian manner over the past nearly two years.

The following is a partial list of immigration and citizenship related topics that cry out fro real Congressional investigation, not just a charade carried out by members of Trump's own party trying to tun interference for him to cover up his abuses of power in support of racial objectives:

1 What was the real motivation for the Muslim ban executive orders;

2) Was the Buy American Hire American (BAHA) executive order just a cover for reducing legal immigration by non-white applicants?

3) Same question as above about the numerous substantive and procedural changes in processing H-1B and other legal immigration applications, such as limiting access to premium processing, abolishing RFE's, using inflated Public Charge grounds to deny potentially millions of meritorious applications for permanent residence, and, last but not least, the rapid increase in openly biased denial decisions in all kinds of immigration cases;

4) What was the real motivation behind Trump's failed child separation policy. Was there any real reason other than to discourage legitimate asylum seekers by inflicting as much cruelty on their children as possible?

5) What are the real conditions in Trump's immigrant detention hellholes today? Besides tha fact that they do not have gas chambers, how are they different from the Nazi concentration camps?

6) What are the connections between top Trump immigration officials and SPLC designated anti-immigrant hate groups or other organization that ,ay have a record of supporting white--only immigration policies? Stephen Miller in particular, should be asked in detail about this - also Jeff Sessions, (if he is not fired first by Trump for reasons not directly related to immigration)..

7) What was the real motive for terminating TPS and DACA, and limiting access to asylum be administrative action other than to discourage non-white immigrants from applying and expelling potentially over one million of them from the US?

Answers to the above and many other related questions could, in all likelihood provide irrefutable evidence that Trump's entire immigration agenda was based on the same racial; "animus" against non-European immigrants that, was determined to be the reason by the 4th circuit majority in the Muslim baa litigation, Even though the Supreme Court majority chose to turn a blind eye to that overwhelming evidence of racial/religious hatred (to use a plain English word instead of a Latin one), the evidence developed by this kind of good faith Congressional investigation could well bolster the "animus" argument to the point where even the Supreme Court could no longer ignore it.

For example, the "animus" argument is now being used, so far successfully, in a Federal District court case in California (Ramos v. Nielsen) regarding Trump's ending TPS for 300,000 Hondurans.

Finally, suppose Trump offers the House Democrats a deal on immigration. Of course they should consider it, if it is a good one that truly promotes immigrant rights and protections.

But the Democrats should not just grab at any deal that might just be an excuse for reducing non-white immigration - such as eliminating Diversity or extended family immigration (which Trump calls by the open;y racist term "chain migration"). Let us hope that they will not bew cowed by Trump's threats or invective into passively going along with his radical, extreme and authoritarian anti-immigrant agenda.

Roger Algase
Attorney at Law