Only days after Donald Trump's venomous CPAC speech denouncing refugees as "Poisonous Snakes" (recalling Adolf Hitler's similar attacks against Jews, communists and other targeted people), the Supreme Court, in yet another split along party lines (5-3, with Justice Kagan recusing herself), ruled that there are no statutory provisions preventing the government from detaining asylum seekers and other immigrants who lack legal status or have committed minor crimes indefinitely while awaiting deportation.

While this ruling may arguably have some justification on narrow grounds of statutory interpretation, the majority, in effect, ignored the obvious 5th amendment violation inherent in indefinite detention, and kicked that issue back to the 9th Circuit for decision.

This virtually guarantees that in another year or two, this issue will be back in the Supreme Court, after the almost inevitable 9th Circuit decision that indefinite detention of immigrants does indeed violate the constitution.

Meanwhile, thousands of immigrants awaiting asylum decisions or deportation will continue to languish, without the right to bail hearings, in detention centers which, while enriching private prison CEO Trump campaign donors, are also generating increasing numbers of detainee fatalities in what is coming under more and more criticism over concentration camp-like conditions.

For further comment on this decision, Jennings v. Rodriguez, and a link to the full decision, including Justice Breyer's vigorous dissent on the grounds that the majority ignored centuries of legal precedents guaranteeing individual liberties and human rights see:

So much for the individual liberties and human rights of "Poisonous Snake" refugees and asylum seekers in the Donald Trump Era.

In the meantime, USCIS has issued new restrictions governing H-1B workers who are placed with third parties, which, under the pretext of allegedly combating "abuses" are likely to intimidate and discourage potential H-1B employers even further from hiring foreign skilled and professional workers in this category.

As the memo states, these new H-1B restrictions are in furtherance of the campaign against skilled immigrants, many of whom are from Asia, contained in Trump's "Buy American, Hire American" executive order. On its face alone, this order is obviously meant to overturn the spirit, if not the letter, of the H-1B and other sections of the immigration of laws allowing for employment of foreign workers without first requiring recruitment of US workers. See:

In another move showing that Trump's threats against various groups of minority immigrants need to be taken seriously, ICE has evidently followed up on Trump's recent denunciation of California's Sanctuary State policies and threat to pull ICE out of that state entirely by arresting more than 150 immigrants, most of whom had records of DUI or other relatively minor crimes, in the San Francisco Bay area.

See also:

One can be sure that in the battle between the growth of presidential power in the direction of authoritarian control over immigration on the one hand, and the basic rights of primarily Asian, African, Middle Eastern and Latin American immigrants and their US sponsors as guaranteed by a democratic society on the other, authoritarian power used in support of limiting or reducing non-white immigration is making substantial gains in Donald Trump's America.
Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 30 years, he has been helping mainly skilled and professional immigrants from diverse parts of the world obtain H-1B and other work visas, as well as both employment and family-based green cards. Roger's email address is