Update: August 24, 12:04 pm:

ThinkProgress reports on a new action by the Trump-Miller-Barr regime which would eliminate due process entirely and totally destroy the independence of the immigration courts and make them just another cog in Trump's fascist style mass deportation machine. See

Shakeup of immigration system threatens migrants' due process.


One cannot help being reminded of the notorious Volkdgericht "Peoples Courts" in 1930]s and early 1940's Germany which were under the complete control of the National Socialist regime.

When one also takes into account the Trump-Miller-Barr regime's announcement in the Federal Register overthrowing the Flores settlement agreement which protected against the indefinite detention of immigrant children, it becomes more difficult than ever to avoid the comparison between the Trump regime's legal actions against brown immigrants and the 1930's Nuremberg Laws against the Jews.

The latest Trump-Miller attempt to revive long standing Public Charge bigotry against minority immigrants and package it in a new, inflated, wildly expanded and more virulent than ever form to use against nonwhite immigrants today is also part of this larger movement to fascist-type anti-immigrant legislation.

How long will it me before pro-immigrant American citizens will also face indefinite detention, mass ("Send Them Back" deportation and the loss of all legal and human rights in Donald Trump's, Stephen Miller's, Ken Cuccinelli's and William Barr's America?

My earlier comment follows:

Led by USCIS director Ken Cuccinelli, apologists for the new greatly expanded and inflated Trump-Miller public charge rule which Stephen Miller has been pushing for the past two years and was finalized on August 14 have been trying to downplay its effects and to present it as just version of a long standing policy of upholding the traditional American values of "self-sufficiency" and "standing on one's own two feet" to use Cuccinelli's expressions..

But nothing could be further from the truth. Even the most sophisticated attempts to hide the real meaning of the new policy cannot conceal its wide ranging intent to remake America's demographics, its long and shameful history of being used as weapon of bigotry against minority immigrants and its potentially devastating effects on millions of legal immigrants and their US citizen family members.

First, as to the purpose of the new rule: this is something that Stephen Miller, the archenemy of nonwhite immigration, has been pushing for with the fanatical zeal of a true believer for the past two years. Miller certainly doesn't see the new rule as merely a reaffirmation of a long-standing policy. According to an August 17 Washington Post report Miller sees his new rule as being "socially transformative" We all know what that means - moving legal immigration away from Latin America, Asia,,Africa and the Middle East, and toward white Europe. See, Washington Post:

With unswerving loyalty, Stephen Miller has singular control of an issue central to the presidency

The Post writes:

"Miller's horizon extends beyond one or even two presidential terms. He views the public charge rule as vital to his goal of reducing immigration, and he has told colleagues it will have a 'socially transformative' effect on American society.

'immigration is an issue that affects all others', Miller said...'Immigration affects our health care system. Immigration affects our educational system. Immigration affects our public safety, it affects our national security, It affects our economy and our financial system. It touched upon everything..'"

These are not the words of someone who is only interested in tweaking or updating a long-standing immigration policy or rule, as Cuccinelli is trying to persuade the public is the the case. Miller is obviously talking about dramatic, long-term change in American society. What kind of change does he envision?

The Post quotes Miller's own words:

"'...the goal is to create an immigration system that enhances the vibrancy, the unity, the togetherness and the strength of our society."

In other words, Miller wants to end diversity in America's immigration system and society and to maintain white dominance - the real goal of the anti-immigration movement. See:

White right? How demographics id changing US politics


Miller's claim that the "strength" of American society depends on "unity" also recalls one of the darkest periods in all of world history, namely rise of 20th-century fascism, and America's barring Jewish refugees, some of whom might conceivably have been Miller's own relatives from our shores during the 1933-1945 period - just as Miller now wants to reduce America's refugee admissions to zero next year to bar people of color from coming to this country.

This brings us to the second point which Cuccinelli and other apologists for the new Trump-Miller rule fail to grasp. Yes, excluding or expelling immigrants on public charge grounds does have a long history in America - even longer than the 140 years that Cuccinelli mentions. But this is not a history of "upholding" the American values of "self-sufficiency" and "self-reliance", as Cuccinelli claims.

Instead, it is a history of using Public Charge as a tool of bigotry and hatred against immigrants - beginning wit the anti-Irish "Know Nothing" movement in the 1840's, as former CUNY Professor Hidetaka Hirota shows in detail in his landmark book: Expelling the Poor.

Some commentators also point out that the first federal public charge immigration law goes all the way back to 1882, - as if that give this rule some kind of legitimacy.

What these commentators do not mention is that the 1882 law in question was the infamous Chinese exclusion act - one of the most openly racist and bigoted immigration laws in America's entire history. Subsequently, Public Charge has been used to keep out not only Jews,as mentioned above, but all non-"Nordic" immigrants, including Cuccinelli's own Italian ancestors as he admitted himself. Now, Trump and Miller are reviving this traditional instrument of bigotry in a much more virulent and destructive form to use against non-white immigrants.

With regard to the effects of the new rule, these are likely to be just as drastic and far-reaching as Miller intends them to be. See the analysis by the highly respected, non-partisan Migration Policy Institute:

Millions Will Feel Chilling Effects of U.S. Public Charge Rule That is Likely to Reshape Legal Immigration


I will discuss this article in more detail in a forthcoming comment.

Roger Algase
Attorney at Law