Update: July 26, 5:45 am:

Huffpost reports that the ACLU has filed a lawsuit to stop ICE from locking young immigrant asylum-seeking children away secretly in Texas hotels and using violence to stop lawyers from contacting them, so that the children can be summarily deported in violation of the US laws protecting their rights.

This is also fascism, plain and simple.


Revised and updated at 12:03 pm. July 25:

This comment initially began as a detailed look at the new Trump-Miller "Public Charge" rule I-944 "Declaration of Self-Sufficiency" form. By describing the many ways in which this form is designed to discourage family based immigrants - mainly from non-European parts of the world, from filing green card applications, and to give immigration examiners numerous excuses for denying these applications in their sole discretion, the form could more accurately be called a "Declaration of American white supremacy.".

I will continue with this detailed analysis in a forthcoming comment. But in the meantime, an urgent, developing story is seizing the nation's attention - namely the Gestapo - like tactics used by Trump's immigration goon squad - fully armed officers of the Customs and Border Border Protection agency (CBP) against peaceful US citizens protesting against Trump's regime of racism and repression in Portland. This compels us to look at Trump's ethnic cleansing anti-immigrant agenda - of which the new "Public Charge" rule I-944 form is a key part, in a broader context - as one more step on Trump's road to fascist dictatorship in America.

For a full report on the horrific implications of Trump's use of immigration officers for a fascist style attack on Americans trying to exercise their constitutional free speech rights in Portland, and his threats to do the same in other large US cities, see The Guardian, (July 25):


America 'staring down the barrel of martial law', Oregon senator warns

https://www.theguardian.com/us-news/2020/jul/25/portland-martial-law-ron-wyden-jeff-merkley

My earlier comment follows.

The new USCIS I-944 (Declaration of Self-Sufficiency") form has attracted a lot of justified criticism for being vague, redundant, arbitrary, and, above all, overly burdensome and complicated. But it is even more malicious and discriminatory than many people realize. It goes against every value that a fair and just immigration system seeks to accomplish, as well as undermining, if not nullifying, much of the legal immigration system that America has had for the past half century based on the goal of opening our nation to qualified immigrants from every part of the world - not just white Europe.

First, let us look at the form's Orwellian name - "Declaration of Self-Sufficiency." It is obvious from the form's content that it is not meant to be a declaration of "Self-Sufficiency" at all. Instead, it contains a long list of items which would give an immigration examiner an excuse to regard it as a declaration of poverty - i.e. that the applicant signing the form is likely to become a public charge.

Much of the attention given this form has been on its long list of government benefits which would disqualify, or be heavily weighted against, a person applying for a green card or change of legal immigration status. But there is much more to the from than that. It is so invasive in requiring information about a family based green card applicant's financial status, that most mortgage or bank loan applications would seem simple by comparison.

The I-944 also requires documentation concerning educational degrees (and proof of US equivalency!) more appropriate to a skilled worker visa than a family based green card.application. There is nothing anywhere in the US immigration laws that requires a family-based immigrant to have a superior level of education in order to qualify for legal residence in the United States.

There might be an argument to the effect that knowledge of English is important in obtaining many, or most kinds of jobs, but that does not require an advanced education, or, in the case of many immigrants, any education at all.

The main purpose for requiring copies of foreign high school or college diplomas or transcripts from family-based green card applicants (let alone US equivalency evaluations - what legitimate purpose could those possibly serve in a family -based case?) is obviously just to increase the paperwork burden and delay or discourage applicants from filing at all.

In My next comment on this topic, I will discuss this form in more detail to show how unrelated it is to any legitimate or rational considerations involving a family based immigrant's ability to support himself or herself, and that the real purpose is to revive and expand America's long and shameful tradition of bigotry against immigrants belonging to targeted ethnic groups.

I will also show that this form is a gross abuse of executive power and a blatant, authoritarian and illegal attempt by Donald Trump and his henchman Stephen Miller to write their own immigration laws, without the slightest input from our democratically elected Congress.



Roger Algase
Attorney at Law