CNN reports that Donald Trump's Department of Justice has asked the Supreme Court to lift a nationwide temporary injunction which had been initially imposed by a federal district judge in the Southern District of New York and upheld by the 2nd Circuit Court of Appeals against Stephen Miller's unilateral attempt to rewrite America's immigration laws without Congressional approval to bring back America's long tradition of using "Public Charge" as an instrument of bigotry and rejection against first, Irish, then Chinese and later on Jewish immigrants. See:

https://www.cnn.com/2020/01/13/politics-public-charge-rule-supreme-court-trump/index.html

But while "Public Charge" has been used for the purposes of hate and prejudice against unpopular immigrants for almost 200 years, Miller's 834-page version constitutes a huge expansion of this ancient rule in order to bar estimated millions of legal immigrants from Asia, Africa and Latin America in pursuit of the Trump administration's white supremacist agenda.

Miller himself has been quoted as saying that his inflation of the Public Charge rule beyond anything previously known, and which would, among other things, bar immigrants using government-subsidized health programs such as Medicaid from receiving visas or green cards, is meant to be "socially transformative". See, Washington Post (August 17, 2019):

https://www.washingtonpost.com/graphics/2019/politics/stephen-miller-trump-immigration/

Based in his almost 1,000 recently revealed emails, this clearly means white supremacist, and there can be no doubt that this will be the effect if the Supreme Court allows the new rule to move forward.

The dark history of using the Public Charge rule, even in a less drastic and comprehensive form than than Miller's version, as a means of barring immigrants from whichever ethnic or nationality groups are unpopular with bigoted politicians or members of the public at any given time, is described in a Newsweek article by CUNY law professor Nermeen Arastu, See:


Trump's Public Charge Rule is a Cover-Up for Racism

https://www.newsweek.com/trumps-public-charge-rule-cover-racism-disturbing-historical-origins-opinion-1455485

To be continued in Part 2 of this two-part series.

Roger Algase
Attorney at Law