As America continues nationwide protests against systemic racism, with resigning police chiefs and confederate monuments crashing down, Donald Trump and his chief immigration Grand Inquisitor, Stephen Miller, are reportedly moving ahead with Stage 3 of their 3-stage plan to cut off most nonwhite legal immigration in the United States.

This stage involves issuing unilateral, authoritarian executive branch orders or regulations which would in effect eliminate H-1B and other skilled worker programs without the slightest input from Congress.

According to several reports, this would be the widest presidential power grab and attempt to overturn the immigration laws enacted by Congress seen so far in the Trump-Miller administration. See, NY Times (June 12):


Trump administration moves to solidify restrictive immigration policies

https://www.nytimes.com/2020/06/12/us/politics/coronvirus-trump-immigration-policies.html

The Times reports:

"And the administration is examining restrictions on new skilled-worker H-1B visas within in the coming weeks.

'You're going to see more news on that probably sometime soon', Kenneth T. Cuccinelli II, the acting deputy secretary of the Department of Homeland Security, said Wednesday at an event sponsored by the Heritage Foundation when asked about nonimmigrant visas.

In the past month, top administration officials, inlcuding Stephen Miller, a senior White House advisor and an architect of Mr. Trump's hard-line immigration agenda, have discussed ways to follow up on the executive order in April."


For an earlier report, see also: Vox:

https://www.vox.com/2020/5/24/21266920/trump-h1b-opt-visa-immigration-student


In other words, a small cabal of White House immigration white supremacists (which the media much too politely calls "Immigration hard-liners") are discussing plans to undo more than 50 years of legislation protecting the legal and human rights of nonwhite legal immigrants by executive fiat.

What are some of the proposals that might be under discussion? One, which has been mentioned in some articles on this topic as a possibility (but on which no firm information is available) would be to increase the USCIS H-1B filing fee to $20,000 (!). This would effectively amount to repealing the H-1B law entirely - without the consent of, the slightest input from the Congress of the United States which enacted the H-1B law, as well as all other immigration laws.

Abolishing a key visa which is at the heart of the entire skilled worker legal immigration system by executive fiat in order to keep South Asian and other nonwhite skilled workers out of the US and force those who are already here to leave, would not only be an example of the same white supremacist racism that thousands of Americans of all colors and ethnic origins are now demonstrating against in the streets.

It is also the direct road to fascist dictatorship in America.


And what is the pretext for reported plans to destroy most, if not all, of America's skilled worker immigration system, as enacted by the duly elected representatives of the American people in Congress ( The pretext is the coronavirus pandemic, which Trump is doing so much to spread and make worse through his own deliberate, if not criminal misconduct.

And what is this misconduct? The obvious answer id that it consists of Trump's push to "reopen" America prematurely, which can only lead to more infections in a nation which has already passed two million cases, and more than 100,000 people have already died.

And yet Trump, disregarding even his own top medical experts, insists on moving recklessly with a program of disregarding the worst plague in 100 years, which he initially called a "hoax", "no worse than the flu" and something which would "magically" disappear. But Donald Trump is not the kind of president who would let a "little" thing like 2 million US Covid-19 infections interfere with his campaign rallies or other attempts to gain reelection.

For only one of many news stories showing Trump's disregard for the health and safety of the American people in this time of plague if it interferes with the demands of his own ego, see Washington Post:, June 15;


Live updates: Public health experts warn of coronavirus risks at Trump's Tulsa rally

https://www.washingtonpost.com/2020/06/15/coronavirus-live-updates-us/

But what does Trump's deliberate contempt for the health and safety of the American people, which would be far more powerful grounds for impeachment than his now-forgotten Ukraine phone call if the Democrats had any courage, have to do with his assault on legal immigration?

The answer is: everything. As pointed out above, the coronavirus plague, which Trump himself has very arguably done a great deal to help spread in the US, or has at the least failed to take effective action to prevent from spreading, is now Trump's latest excuse for taking even more drastic action to destroy the legal immigration system based on racial justice n equality which has been the law in America for the past 50 years.

A also mentioned above, Trump's assault on nonwhite legal immigration can be (to paraphrase Julius Caesar) divisa in partes tres ("divided into three parts").


Stage 1 began almost immediately upon Trump's taking office as president after a campaign whose central theme was vilifying, scapegoating and stoking the flames of hatred against all Latino and Muslim immigrants, not only those who enter the US irregularly or overstay their visas. This took place in the form of Trump's infamous Muslim ban executive order, which, for the first time since the notorious 1924 immigration act that was so admired by the European fascists of the period (and praised in Stephen Miller's emails 90 years later) expressly discriminated on the bases of race or religion in deciding who could enter the United States.


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

Roger Algase
Attorney at Law