Update: February 19: 6:04 pm

On February 19, Chief Justice Roberts has once again sided with the Supreme Court's liberal Justices in a criminal case that is not related to immigration. Trump supporters should not blindly assume that just because Trump was able to put two "loyalists" on the court, he can count on an automatic majority in immigration or any other types of cases.

Trump supporters will need to come up with a good argument to explain why Trump's record of venomous hatred of all brown immigrants during his past two years as president has nothing to do with his obsession over building a Wall, or with his national emergency declaration.

This is not an easy argument to make for anyone who cares about reality.

My previous comment follows
:


There is indeed a national emergency in America today, but it is not the one that Donald Trump described on February 16 as an "invasion"of "people" (i.e. anyone who does not have white skin color - not just criminals, as in his usual speeches) at the Mexican border.

The real national emergency in the whole scale violation of immigrants' essential human rights that the Trump administration is carrying out in all aspects of his immigration agenda, not only against legitimate asylum-seekers at the border, but against DACA recipients, TPS holders, and applicants for legal visas and green cards in almost every category by tipping the scales of agency decision making against them because of their race and national origin.

The International Justice Resource Center (IJRC) lists ten internationally recognized human rights which which the Trump administration is violating through its anti-immigrant agenda. See: June 27, 2918

Ten Human Rights Standards Implicated by U.S. Immigration Policy Changes

Theserights are:

1) No Human Being is Illegal

2) Best Interests of the Child

3) Detention as a Last Resort

4) Due Process in Immigration Proceedings

5) Right to Seek Asylum

6) Prohibition on Torture and Inhumane Treatment

7) Non-Discrimination

8) Respect for Family Life

9) Right to Life

10) Right to Equality

I will discuss in detail how Trump has been violating each one of these basic immigrant human rights under international law, as explained in the above article and a companion IJRC report in forthcoming comments (Unfortunately, I have not been able to locate the URL for these items, but readers and easily access them through Google.) These human rights have to be the basic starting point for any serious discussion of Trump administration immigration policies.


Trump's agenda of basing his entire immigration policies on human rights violations (whether in the name of "deterrence", "enforcement", "border security" or whatever other Orwellian term his administration wants to use), cannot be overlooked by the federal courts any longer, and it is not being overlooked.

In a recent decision, Judge Edward Chen, a federal district judge in San Francisco, issued a nationwide injunction against the Trump administration's attempt to revoke TPS protection for several hundred thousand immigrants, ruling that the decision to revoke was motivated by impermissible racial "animus" violating the Fifth Amendment right to equal protection of the law.

(See Case 3:18-cv-01554- EMC October 3, 2018)


Racial animus against brown immigrants was also the basis of a lawsuit filed the federal district court of the District of Massachusetts in September, 2018 regarding infringement of the equal protection and other rights of children impacted by Trump's inhuman family separation policy..

(Case 4:18-cv-40149-TSH , September 5, 2018)

Some of Trump's defenders are expecting the Supreme Court to uphold the national emergency declaration based on the concept of expanded presidential power set forth in the Muslim Ban case (Trump v. Hawaii). In that case, the Court's majority turned a blind eye to the obvious :"animus" ("hatred", in plain English - why use only Latin?) that Trump had so frequently expressed against Muslims as a candidate.

Now that the issue involves constant, unrelenting, venomous hatred shown against all brown immigrants, not just those of a particular religion, in both speech and policy during the past two years of Trump's presidency, will the High Court once again turn a blind eye?

Will Chief Justice Roberts, who has now become the now "swing" vote on the Supreme Court, be willing to overlook what is now a mountain of evidence of Trump's anti-immigrant racial hatred?

I will also be discussing this question in more detail in upcoming comments.

Roger Algase
Attorney at Law