Whenever Donald Trump wants to destroy anything that stands in the way of his drive for total power, he starts by claiming "fraud". He his doing this with the November election before a single vote has been counted. His administration has been doing the same with regard to the H-1B visa, as the Times of India points out in a comprehensive article dealing with new DHS and DOL rules published on October 8 that would in effect destroy this visa. See, October 7:

New H-1B rules: Tough going especially for IT Service companies; visa tenure reduced to one year, norms tightened

See also my October 9 Immigration Daily comment on this topic.

To be sure, Trump is not the first to claim that the the H-1B program is riddled with fraud in an attempt to reduce the number of skilled, highly educated Indian and other Asian workers who are among the principal beneficiaries of this visa. Republican politicians have been doing this for at least the past two decades, just as they have been trying to stop African-Americans and other minorities from voting in elections.

But as part of Trump's war on legal immigration in general, the attacks on H-1B have escalated to the point where this entire visa program is in danger of disappearing unless the proposed new interim rules t are blocked by the courts,- or the election results.

While there is no such thing as an immigration visa program (or any government program, for that matter) that is entirely free from fraud or abuse. this is no more of a valid excuse for trying to eliminate this visa by redefining "specialty occupation" and other essential components of this program in a way that could (and is obviously intended to) make approvals almost impossible in the future, than the bogus GOP claims of "voter fraud" are an excuse for the massive voter suppression efforts that are currently under way,

To put the issue another way, we are now used to the multiple ways in which Trump, with the assistance of Stephen Miller, has been trying to take America back to the white supremacist days of the 1924 "National Origins" immigration act and the 1882 Chinese exclusion law (and its successors) by eliminating visa and other programs associated with legal immigration from nonwhite parts of the world.

But is not just Trump's return to late 19th and early 20th century racism as the foundation of his policies concerning legal immigration that is contrary to every value. that America stands for in the 21st century. Beyond this, the reasons for Trump's return to the racist immigration policies of an earlier age and the authoritarian way that he is carrying these policies out, without the consent of Congress, are undermining the foundations of our democracy itself and setting the stage for dictatorship.

This is especially true of Trump's attack on H-1B and his radical new Public Charge rules. These are both prirme examples of authoritarian rewriting of the immigration laws by administrative action without the slightest input or consent of the American people's duly elected representatives in Congress.


Stephen Miller's new Public Charge and H-1B rules have no more relation to democratic procedures than did the 1936 Nuremberg laws in Germany. The purpose of both Trump/Miller's immigration agenda and the German Nuremberg laws is essentially the same.

In each case, the purpose was to eliminate targeted minorities from the society of the country concerned through dictatorial means. The target is brown immigrant in the case of the White Nationalist Trump/Miller regime, and was the Jews in the case of National Socialist Germany.

Fore more on this resemblance, see: The Independent, October 16, 2018 (exactly 2 years ago):


Last surviving prosecutor at Nuremberg trials says Trump's family separation policy is 'crime against humanity'

The same charge could be made against Trump's attempt to eliminate, or at least drastically reduce, nonwhite legal immigration in the US. His latest H-1B and Public Charge rules are major components of this attempt to bring dictatorship to the US.

For a report on Republican voter suppression against nonwhite minority US citizens, which goes hand in hand with Trump's anti-immigrant racism as an assault on our democracy, see The Guardian, October 15:

https://www.the guardian.com/commentisfree/2020/oct/15/ohio-us-election-voter-suppression

Roger Algase
Attorney at Law