Looking at the latest immigration news, it is easy to understand why some immigrants, including highly skilled and professional workers, may be feeling discouraged and intimidated against filing H-1B, O-1, L-1 or other petitions for "nonimmigrant" visas or "immigrant" green cards, in the Donald Trump era. For example, new revelations have confirmed more chilling details about the extreme racist anti-immigrant agenda being pursued by Trump's chief immigration policy "architect" and grant inquisitor, Stephen Miller. See, The Atlantic:

Stephen Miller's emails cite white nationalist sources

https://​​www.theatlantic.com/ideas/archive/2019/11/stephen-miller-alarming-emails/602242/

See also conservative columnist Max Boot, writing in the Washington Post (November 17)


William Barr's chilling defense of virtually unlimited presidential power

The Atlantic's article states the following concerning Miller's racist immigration agenda:

"Miller's emails show one of the president's closest aides, and the architect of many of his hard-line immigration policies, citing white-nationalist sources and pursuing the same goal they sought to realize: the restoration of immigration restrictions explicitly designed to keep America white. The most revealing exchanges involve Miller's praise for 1930's immigration restrictions targeting Africans and Asians, as well as eastern and southern Europeans, and his frustration with the 1965 law that repealed them.


The article continues:

"In a 2015 exchange, Miller praised Calvin Coolidge for 'shutting down immigration'...the immigration laws of the 1920's which barred African and Asian immigration but also sought to reduce immigration of Europeans deemed to have inferior genetic stock, such as Italians and Jews, were rooted in racist pseudoscience positing that America's success was the result of its citizens of 'Nordic' genetic background."


The results of Miller's agenda of returning to 1920's style immigration white supremacy are obvious in every aspect of Donald Trump's anti-immigrant agenda - not only in the appalling cruelties and reign of terror being carried out against asylum-seekers and unauthorized immigrants - most recently in the Orwellian travesty of international asylum and human rights law involved in his "safe third country" agreements to send asylum seekers to Guatemala, Honduras and El Salvador. three of the most dangerous countries on earth - but throughout his administration's assault on non-European legal immigration.

We are seeing Miller's agenda of keeping America white though bringing back 1920's-style immigration bigotry in almost every aspect of legal immigration including the attempts to reduce immigration from India, China and other parts of Asia in the new H-1B rules against workers assigned to third party locations and those raising the investment requirements for EB-5 visas.

The tsunami of openly biased, hostile RFE's and denials in almost all types of skilled and business immigration cases, including not only H-1B but also O-1, L-1 and E-1-E-2 cases, while hardly new - they go back at least to the Clinton era - is no so intense and pervasive that many qualified skilled and professional immigrants are now discouraged from applying at all - the obvious purposed of this tactic.

And while Trump and Miller are doing everything possible to cut off skilled and professional immigration from outside Europe, they are also hypocritically trying to cut off family, diversity and other less skilled legal immigration on the grounds of promoting "merit-based" immigration - an outright falsehood in view of the developments mentioned above.

Fortunately, the federal courts, at least for the moment, have blocked many of the most egregious attempts of the Trump-Miller administration to cut off nonwhite legal immigration - such as the new Public Charge rule which revives and wildly expands a tool of anti-immigrant bigotry which goes back almost 200 years to the anti-Irish Know-Nothing movement of mid-19th century, not to mention the Chinese exclusion laws beginning in 1882.


A federal judge has also blocked Miller's latest assault on nonwhite immigrants, namely the requirement to buy expensive private health insurance as a condition of qualifying for an immigrant (green card) visa).

But the fact that the federal courts are now the main bulwark against the Trump-Miller to rewrite our immigration laws without Congressional consent in order to bar nonwhite immigrants is what makes Attorney General William Barr's proto-fascist theory of a "Unitary Executive" so dangerous and potentially destructive to America's legal immigration system - and our democracy.



Roger Algase
Attorney at Law