On December 8, another three-judge Circuit Court panel, this time in the 4th Circuit, lifted a district court injunction against enforcement of the Trump-Miller Public Charge inadmissibility rule. As in the case of a similar earlier decision by a three-judge panel in the 9th Circuit, the decision was strictly along party lines, with the Republican-appointed judges voting to allow enforcement of the new Public Charge rules, which objective observers agree would have a disparate impact on legal immigrants from outside Europe. In both cases, Democratic appointed judges dissented.

https://thehill.com/regulation/court-battles473760-second-appeals-court-backs-lifting-injunction-on-trumps-public-charge

The two circuit court decisions have not actually resulted in enforcing the new Public Charge rules, because a nationwide injunction against these rules by a judge in the Southern District of New York remains in effect. To the best of my knowledge, that decision is the only one so far, which mentions the real issue in this case, which is whether the Trump administration will be allowed to impose a rule that clearly discriminates on the basis of race, ethnicity or nationality with regard to legal immigrant as the law of the land.

It is, of course, no secret that the new Public Charge rule is the brainchild of Trump's top immigration adviser, Stephen Miller, whose nearly 1,000 recent emails supporting an avowedly white supremacist, Europeans only immigration agenda have now come to light.

Miller should know better than to try to impose this kind of open, reprehensible bigotry, which is expressly forbidden but the INA (as applied to immigrant visas( and by the equal protection clause of the 14th amendment to the Constitution itself.

Miller is the great grandson of a Jewish immigrant and is evidently oblivious to the horrendous history of the Public Charge rule as a method of barring Jewish refugees from the German National Socialist regime in the 1930's from coming to America. See Lauren Leff, writing in marketwatch.com, August 21:

https://www.marketwatch.com/story/trump-is-using-the-same-immigration-policy-that-once-kept-out-jews-fleeing-nazi-germany-2019-08-20

It is even more ironic that Trump himself, whose daughter Ivanka and son-in-law Jared Kushner are both Jewish, and who purports to be fighting against anti-Semitism by issuing a pronouncement claiming that the Jewish people are a "nationality", is now making use of a strategy which barred hundreds of thousands of Jews from coming to Americas to escape persecution and extermination in Europe.

To be continued.

Roger Algase
Attorney at Law