Two recent developments show that the Trump-Miller agenda of closing the gates to America against non-white immigrants by authoritarian decrees and regulations handed down without the consent of Congress is so pervasive and affects so many people that it could well meet the definition of a Crime Against Humanity

Article 7 of the Rome Statute, the founding document of the International Criminal Court, defines "Crimes Against Humanity as a "widespread attack against a civilian population", including, among other things "imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law."

This definition could very well apply to the desperate Central American asylum seekers who are fleeing from gang violence in their home countries, but are trapped in squalid and inhuman conditions along the Mexican-US border, to the point where they are compelled to send their young children to US checkpoints alone to be taken into custody in order to save their lives. See, Washington Post,November 22:

In squalid tent city, asylum-seekers are growing so desperate they're sending their children over the border alone

What does this say about America and the American people. Even under the Obama administration, which deported some 2.5 million men-women and children in 8 years, who could have imagined that America would have sunk into the abyss of cruelty and inhumanity so quickly against people whose only "offense" is that they do not come from what Trump calls "Countries like Norway" and do not have Miller's preferred white skin color.

But the targets of Trump's and Miller's drive to rewrite America's immigration laws into a 1920's style white supremacist image are not limited to desperate, impoverished, Central American families seeking to escape gang violence, who are forced by Trump's vicious "Remain in Mexico" policy to send their young children alone into US custody in the hope of saving their lives from illness and the other inhuman conditions they are forced to endure in Mexico.

The victims of the Trump-Miller racist, authoritarian anti-immigrant agenda also include the skilled, highly educated elite of countries such as India and China, who are already facing a major increase in H-1B denials and many other administrative obstacles and delays to obtaining employment-based work permits and green cards.

Forbes reports that the Trump-Miller administration is no planning to issue new regulations that will make H-1B, and L-1, (not to mention EB-5) visas much harder to obtain - all, without input from the elected representatives of the American people in Congress. See:

Trump Plans Far-Reaching Set of New Immigration Regulations

While the details of these new regulations are not yet known, it is clear from the description that has been announced so far that they will adopt far more restrictive definitions of key terms such as "specialty occupation: and "employer-employee relationship" (H-1B) and "specialized knowledge" (L-1) int order to make these visas unavailable to most applicants in the future.

But does our democracy allow such a major rewriting of America's immigration laws purely by executive action, without the consent of Congress?
Even the openly racist, Nordics-only 1924 immigration act which gave such inspiration to the European fascist movement of that time was adopted by the US Congress.

Trump and Miller are now imposing a white supremacist immigration system on America entirely on their own, affecting all levels of legal immigration, from the most desperate and impoverished asylum-seekers on the Mexican border who are forced to give up their children to save their lives, to the most highly educated and affluent H-1B workers and EB-5 investors.

The obvious hope of thes administration is that this authoritarian rewriting of America's legal immigration laws without Congress will be approved by a compliant Supreme Court majority following A.G. William Barr's proto-fascist theory of a "Unitary Executive".

In effect, all immigrants of color, no matter how well qualified under our immigration laws as currently written by our elected representatives, will be "Barred" from the United States of America.

Surely this inhuman, white supremacist agenda deserves investigation as a Crime Against Humanity - something worth thinking about as we celebrate the Thanksgiving holiday which was founded in the spirit of inclusiveness and tolerance which Donald Trump and Stephen Miller are trying to banish from America.

Roger Algase
Attorney at Law