Both Donald Trump and Stephen Miller are now struggling with coronavirus - largely as a result of Trump's own continuing attempts to downplay, deny, and deceive the American people about the seriousness of this deadly disease which has killed 215,000 people in America so far.

Trump's polling numbers toward the November 3 election are also continuing to sink. But none of this is causing the slightest pause in their agenda of eliminating most, if not all, legal immigration - especially categories that are associated with immigration from nonwhite areas of the world. This includes H-1B which is now under mortal threat from new DHS/DOL rules which Trump and Miller have rushed through secretively without the opportunity for consideration public comment required by the APA, and without even publishing the rules up to now.

According to the latest media reports. the new rules, which are due to take effect in 60 days. but which are certain to be challenged in court, are obviously intended to make the H-1B visa, which is especially associated with immigration from India and China virtually impossible to obtain. The new rues are also obviously intended to discourage US employers from sponsoring foreign workers for this visa.

The new rules reportedly provide for major increases in calculating H-1B prevailing wage levels and would also increase the potential for harassment of H-1B employers though on-site inspections. Most important of all, they reportedly redefine the term "speciaoty occupation to make it almost impossible for H-1B petitions to be approved. Fora late report, see The Hill:

As reported, the new H-1B rules have nothing to do with "enforcing the immigration laws", as Trump';s supporters claim. Instead, the new rules are intended to put the entire H-1B program on life support as part of this administration's larger objective of rewriting the immigration laws, without legal authority, to eliminate legal immigration from nonwhite parts of the world.

What is especially appalling about Trump's and Miller's attack on H-1B is not only the secretive, authoritarian way in which this illegal attempt to rewrite a key immigration law without going through Congress as required by our democracy is being carried out, but also the open hypocrisy involved.

Trump has long been using alleged support for "Merit-based" immigration as an excuse for trying to eliminate most family immigration and the diversity visa, both of which are popular with non-European, nonwhite immigrants, But H-1B is the epitome of "Merit-based" immigration.

One more indication that, for Trump and Miller, "Merit" in immigration is determined only by race.

Roger Algase

Attorney at Law