On September 22, USCIS announced that, based on a September 11 2nd Circuit decision lifting a District Court injunction, the agency is retroactively reimposing the Trump/Stephen Miller Public Charge rule, which was designed for the express purpose of making in harder for immigrants of color to obtain green cards or other legal status in the US. For the USCIS announcement, see: USCIS:

Injunction of the Inadmissibility on Public Charge Grounds Final Rule

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule

Miller himself, as the author of the new, greatly expanded Public Charge rule, which goes far beyond anything previously understood by this term in immigration law, has made no secret of the real purpose of his new rule. Just over a year ago, in August, 2019, the Washington Post reported that Miller meant the rule to be "socially transformative" and to promote "unity" and "togetherness" in American society., Washington Post:

https://www.washingtonpost.com/graphics/stephen-miller-trump-immigration/

Over 900 emails by Miller which have recently come to light. and which include praise for the openly racist US1924 "Nordics only" immigration act which also inspired the German fascist movement leave no doubt as to what Miller means by "unity" and "togetherness" in American society. These terms mean: no immigrants from nonwhite countries, which Miller's boss, Donald Trump, has referred to as "shithole countries". See. Southern Poverty Law Center (SPLC):


Stephen Miller's Affinity For White Nationalism Revealed in Leaked Emails

https://splcenter.org/2019/11/12/stephen-millers-affinity-white-nationalism-revealed-leaked-emails

Even without Miller's wild expansion of this concept, which I will discuss in my next comment on this topic dealing specifically with the pernicious new USCIS I-944 which will now be required of most green card applicants, Public Charge has a long history of being used, first against Irish, then against Chinese and later against Jewish immigrants, among many others..Trump's and Miller's revival and expansion of this rule to make drastic reductions in all nonwhite legal immigration also shows that racial equality and justice in immigration is at the front and center of the issues in the upcoming presidential election.

In large part, this election will determine whether America will continue to make progress toward becoming a diverse society in which all people are respected as human beings regardless of race, color, ancestry or religion, or whether this country will move back toward the era of white supremacist bigotry that Trump and Miller are trying to restore with the new Public Charge rule.

I will discuss the new Public Charge Form I-944, one of the most intrusive and complex immigration forms ever devised, at least in my experience, in detail in my next comment on this topic. F from being a "Declarations of Self-Sufficiency", as its Orwellian name indicates, it is full of pitfalls, booby traps and landmines, and is expressly designed to give immigration examiners as many excuses as possible to deny legitimate green card applications.


Roger Algase
Attorney at Law