This comment will provide a more detailed look at the Harvard/M.I.T. complaint against ICE seeking a federal court injunction against ICE's July 6 order, made without any warning or advance notice, that could force hundreds of thousands of F-1 and other international students, mainly from India, China and South Korea to leave the US precipitously unless they are willing to expose themselves to the Covid-19 plague now ravaging the US, by attending online classes which would endanger not only students' lives but those of faculty, staff and the general public.

Just the sheer recital of the facts in the complaint, facts which cannot be rationally contested or rebutted, is a damning, overwhelming indictment of the sheer malice and cruelty toward foreign students which is the obvious motivation for the new rule.

But what the complaint leaves out is the obvious racial animus against Asian and other mainly non-European foreign students which is the obvious basis of this new ICE order. By forcing hundreds of thousands,or possibly more an a million foreign students, mostly from Asia and other areas outside Europe to leave the US unless they risk catching a deadly pestilence which has already killed more than 130,000 people in America even as Donald Trump continues to deny its seriousness or even existence, the United States has reached an appalling, horrendous new low in its long and shameful history of anti-immigrant bigotry.

The Harvard/M.I.T. complaint makes no mention of this long history of bigotry (or racial "animus" to use the more polite expression that is favored in the federal courts today). In stead, the complaint is based entirely on failure to comply with the APA, along he same lines that Chief Justice Roberts set froth in his recent DACA decision. Especially, the complaint emphasizes the administration's total failure to consider the devastating consequences to the hundreds of thousands of only Asian students affected, in direct violation of the APA's mandate.

This may be smart legal advocacy strategy at first glance, but it leaves open the question of how much longer immigration advocates, and the Supreme Court, can continue to ignore the 800 lb. elephant in the room, namely the obvious racism against nonwhite legal immigrants which began with Trump's Muslim ban order three years ago and which the July 6 order for mass expulsion of hundreds of thousands of legal international students unless they are willing (and are enabled by America;s schools and universities), to become infected with Covid -19, is only the latest one of many other examples.


To be continued in my next comment on this topic.

Roger Algase
Attorney at Law
Harvard Law School LL.B
Harvard College A.B.