Update, August 2, 2019, 8:22 pm

Salon.com reports on August 2 that Trump's Senate ally Lindsey Graham (R-SC) has rammed a Trump-supported anti-asylum measure (very likely drafted by Stephen Miller, one would assume, though there is no confirmation of this) though a Senate committee amid strong Democratic protests that Graham broke that committee's own rules to do so.

The bill itself reeks of fascist ideology. It would bar anyone from Central America from applying for asylum in the US who had not first applied for asylum in one of the countries he or she had passed though to reach the US.

Since all of the countries in question are admittedly dangerous for asylum seekers, this provision would effectively end the hopes of desperate Central Americans of finding asylum anywhere. It would also violate a fundamental principle of international asylum and human rights law - that no one should be sent back to a country known to be dangerous to him or her.

The bill contains another, equally fascistic principle, namely that the time that the government can detain families and children would be increased from 20 to 100 days.

In short the bill would escalate the Trump regime;s agenda of violence and terror against brown immigrants.

My original comemnt appears below.


There has been no shortage of criticism and protests against Trump's brutal, inhuman treatment of non-white immigrants and his efforts to exclude and expel them from America in order to maintain white dominance. But even the strongest and vocal critics of Trump's agenda, (including four courageous nonwhite American Congresswomen whom Trump accused of "hating America" and said should be "sent back" even though three of them were born in America") have been reluctant to discuss the fascist implications of Trump's assault on brown immigrants' basic human rights.

But if America is to be able to avoid losing its democracy to an authoritarian Trump regime, it is no longer possible to avoid talking about the obvious signs that Trump's persecution of brown and black immigrants and his constant attempts to stir up hatred against them, to vilify them as being less than fully human, and to deprive them of any legal rights, whether involving due process in deportation proceedings, or the right to counsel, or the right of families to stay together in detention as ordered by the courts, are leading toward fascism in America.

Curtis Johnson, a writer for truthout.org, warned about the danger of fascism coming from Trump's inhuman treatment of immigrants over a year ago, during the nationwide outcry against his infamous child separation activities. Johnson wrote (in June, 2018)

"A national crisis has engulfed the Trump regime since escalating its fascist assault on immigrants by separating children from their parents at the Southern border. The pictures and stories of children being ripped from the arms of their parents, locked in cages...infants incarcerated in 'tender age' facilities...kids screaming in terror...for their parents and separated across the country...without hope of finding each other - has shaken the country. Millions have been shocked into a state of revulsion and outrage at the cruel inhumanity of this regime."

Johnson added:

"If Trump and his bullies are not made to fully back down, to release immigrant parents and kids, stop deporting them, provide for their safety and adjudicate asylum claims, that will be an ominous consolidation of fascism."

See:

The Momentum of Trumpian Fascism Is Building. Stopping It Is Up to US

https://truthout.org/articles/the-momentum-of-trumpian-fascism-is-building-stopping-it-is-up-to-us/

Has the danger of fascism in America from the Trump-Miller administration receded in the past year? Is Trump's treatment of asylum seeking immigrant parents and children any less brutal, less fascist, now than it was a year ago?

Johnson answers this question as follows (on July 25):

"What is being missed is that there is a logic at play in Trump's tweets. The racist tweets and attempts to marginalize and turn hatred toward "the Squad" [four nonwhite pro-immigrant Congresswomen] is connected to the devastation his regime is imposing on innocent asylum seekers driven to escape their home countries."

Johnson also makes the point that the movement toward fascism inherent in the Trump administration's anti-immigrant agenda is not limited to brutality toward children, but includes Trump's attacks on nonwhite immigrants in general and their American supporters::

"Any regime where it is legitimate and right to characterize whole nations as shitholes and entire peoples as rapists, murderers and animals, to lock up children with no regard for their health, or the terror and harm it inflicts, and then double down on this even when children die in their custody - is headed toward fascism. Any regime that whips up hatred and fascist mobs to verbally threaten and even attack the regime's political opponents, as Trump has done repeatedly, is a regime seeing to cement fascist rule."

See:

Trump's Tweets Are Not Just a Diversion. They're Part of a Fascist Agenda

https://truthout.org/articles/trumps-tweets-are-not-just-a diversion-theyre-part-of-a fascist-agenda/

This raises the question: how should immigration attorneys and advocates react to this movement toward fascism in America, fueled by white supremacist anti-immigrant hatred and human rights violations on the part of this administration. Does it matter?

After all, immigrants still want to come to America. We still have to deal with thousands of minute details in the form of constantly changing regulations, agency and court decisions, policy memos, visa bulletins and countless other minutiae and details in order to help our immigration clients achieve their dreams of living and working in the United States of America.


Larger questions, such as whether we will continue to have an immigration system at all - or a democracy - instead of sealed borders, 30-foot high walls and concentration camp-like detention, may not affect our day-to-tasks in helping our clients with their H-1B, adjustment of status, EB-5, or whatever other cases may be at hand.

But is ignoring the larger danger to our immigration system - and our country and everything it stands for - not a way of burying one's head in the sand - focusing on the trees instead of the forest, or rearranging deck chairs on the Titanic?


(Well, at least, with Trump's refusal to acknowledge Global Warming or to do anything about it, the Titanic would be safe in our 21st century - soon there won't be any more icebergs - but this is beyond the scope of my comment, so i will conclude at this point.)


Roger Algase
Attorney at Law