It is obvious beyond any question that Donald Trump's latest threat to close the entire Mexican border to stop "illegals" (his word for legitimate asylum-seekers who do not happen to have his preferred white skin color) from coming into the US is itself illegal.


The Washington Post quotes Stephen Legomsky, Washington University School of Law Professor Emeritus and former USCIS chief counsel, as follows about closing down the entire border, including legitimate crossing points:

"[Trump] cannot close every port on the border...If he did so, he would effectively undermine the entire congressional scheme for who may enter the U.S. and who may not."

See, (March 31):

Trump White House presses threat to close U.S. - Mexico border this week.

But Trump has never shown the slightest interest in following the rule of law with respect to immigration. He has always regarded curbing :"illegal" immigration as just one part of his overall agenda of putting an end to all non-white immigration - legal and illegal - and taking America back to the time of the 1924 "Nordics"-only "National Origins" immigration quota law which was praised by far right nationalists and white supremacists of that time in Europe, not only America - including a certain future German Fuehrer.

https://www.newyorker.com/magazine/2...luenced-hitler

From the very first days of his taking office as a minority president who lost the popular vote to his opponent by nearly 3 million votes, Trump made clear with is initial Muslim Ban executive order that his real target was not only so-called :"illegal" immigrants, but all immigrants who did not fit in with the white nationalist, "Alt-Right" view of America as a country for white Christians only (and Jews - Trump has many shortcomings, but being anti-Semitic is not among them)..

William H. Frey makes this point clear beyond any question in a February 15 Brookings Institution article:

Trump's wall will not prevent America's diversity boom: A more racially diverse America is both inevitable and necessary to its growth.

https://www.brookings.edu/blog/the-a...iversity-boom/

Frey writes:

"The wall may keep some immigrants from entering the country but it will not keep America from becoming more racially diverse."

Nor, one might add, will Trump's wide ranging attempts to limit and roll back non-European legal immigration - not only through the obviously bigoted Muslim ban - but by lowering refugee admissions; twisting and distorting the asylum laws to e try to eliminate gang violence as a ground for claiming fear of persecution; trying to end or reduce DACA and TPS grants; slowing down processing and increasing RFE's and denial rates for legitimate green card and "nonimmigrant" status and visa petitions and applications (including but not limited to the embattled H-1B program for which the application period begins today - April 1); and campaigning to eliminate most family-sponsored immigration and all Diversity visas - preserve white supremacy in America, no matter how ardently Trump and his "base" supporters wish to do so. See David J. Bier of the Cato Institute, writing in the New York Times on November 15, 2018:

America Is Rejecting More Legal Immigrants Than Ever Before

https://www.nytimes.com/2018/11/15/o...ts-reject.html

But the biggest danger from Trump's wide ranging assault non-European legal immigration is not only to America's diversity - it is to our democracy. As Professor Legomsky pointed out above, closing the border of a country,or large parts of it, by one-man degree is not something that is done in a democratic country governed by a constitution and the rule of law. Instead it is typical of fascist rule. .

See Lehigh University professor Anthony DiMaggio, writing in Counterpunch on January 4 with regard to Trump's since failed border Wall shutdown:

The Shutdown as Fascist Creep: Profiling Right Wing Extremism in America

https://www.counterpunch.org/2019/01...sm-in-america/


Professor DiMaggio writes:

"Trump's efforts to bully Congress into funding his wall draw on classic elements of totalitarianism and fascism."

The same is even more true about threatening to close down an entire border by one-man presidential decree. History records that the Roman Emperor Hadrian built a wall in the northern part of England to keep out :undesirable" populations almost 2,000 years ago.

But Trump is not an emperor - no matter how much he is using his white supremacist immigration agenda to try to become one.

I will discuss Professor DiMaggio's article in more detail in a forthcoming comment. We should take his warning of a fascist America under Donald Trump seriously before it becomes too late.

Roger Algase
Attorney at L
aw