Update: November 13, 12:03 pm:

For a perceptive comment on the danger to America's democracy from the Republican leadership's failure to stand up to Trump's assault on the validity of the presidential election results and on democracy in general - an assault that very arguably began with Trump's authoritarian initial Muslim Ban order in January 2017, see Vox:


My original comment follows:

Latest news reports indicate that Donald Trump may be coming closer to admitting that he lost the 2020 election and will have to leave the White House on January 20, 2021. A late report states that he has told close associates that he may start a media company to compete with Fox News, which has angered him by reporting the truth about the election results.

If Trump starts a media company, we can be sure that "fake news" which he has been complaining about for the past 4 years, will finally become a reality.

So what does President-Elect Joe Biden need to do to restore justice, racial equality and human rights to a legal immigration system which has been corrupted and almost destroyed, by what some analysts count as up to 400 executive policy changes by Trump and Stephen Miller aimed at imposing white supremacy on the system without the consent of Congress?

As others have pointed out, the obvious place to begin is by getting rid of Trump's bigoted Muslim Ban on Day One of the BIden presidency. I will begin with a brief explanation of why the Muslim Ban has to go in order to return our legal immigration to one based on justice and racial/religious equality, and to preserve our democracy.

Almost five years ago, in December 2015, Trump, as a candidate, announced that he would impose a world-wide ban on entry to the US by Muslims - from every country on this planet. There could not possibly have been a clearer statement of a religious ban, of the type expressly forbidden by the first amendment.to our Constitution.

Some have attempted to to dismiss this a only a campaign statement that should be given no weight. Bit is was not just campaign talk - it was a firm campaign promise. One of Trump's first actions upon taking office as president was to try to make good on that promise by issuing a wide ranging entry ban affecting hundreds of millions of citizens of a list of predominantly Muslim countries that created chaos and pandemonium at US airports, before the ban was struck down in the federal courts.

Of course, the final Muslim Ban order was nowhere near being a worldwide ban - something that Trump complained about bitterly - calling it "watered down"


But the Ban (which the media have continued to refer to euphemistically as a "travel" ban rather than the religious ban that it was obviously intended to be) still sent a chilling message that Muslim immigrants were no longer welcome in the US, and Muslim American citizens were to be regarded with suspicion.

The fact that an ideological, pro-Trump Supreme Court majority deliberately turned a blind eye to the bigoted history of the Muslim ban and upheld it on concocted, clearly fraudulent, "national security" grounds is meaningless - except to show that the Supreme Court's spirit of the Dred Scott pro-slavery decision and the Kurematsu Japanese-American internment decision still lives on - at least to some extent.

As we have also seen, the Muslim Ban has led to many other Trump immigration bans that have nothing to do with national security - such as the recent ones announced in April and June of this year against green card and H-1B applicants from all over the world, t with particular impact on nonwhite areas.

In addition, the Muslim Ban has recently been extended to include other countries that are not predominantly Muslim but that Trump has attached on expressly racial grounds - notably Nigeria - which Trump has reportedly referred to as a "shithole" country whose citizens should "go back to their huts."


Upholding the Muslim Ban also led to a dangerous delusion on Trumps's part that he has the right to end all legal immigration by executive decree - as he claimed in a statement on April 20 - the anniversary of the birthday of one of the worst dictators all of human history.

As we have seen during the past week, upholding Trump's 2017 Muslim ban order has not only led to an attempt by Trump and Miller to ban most, if not all, nonwhite legal immigration (as in the case of the Public Charge rule and new H-1B regulations discussed in Part 2 of this 2-part series,) but to "ban" the results of the November 3 presidential election - which officials in both parties have confirmed was one of the fairest and most transparent in this country's history.

Trump's Muslim ban has now led to an attempt by Trump to ban democracy itself. Therefore when Biden takes office on January 20, 2021, he must ensure that the Muslim Ban is no longer in effect on January 21, 2021.

But ending the Muslim Ban is only the beginning of what Joe Biden needs to do to restore justice and equal rights to our legal immigration system. There is a host of anti-legal immigration policies which Trump has imposed by executive action. In Part 2 of this series, I will discuss two of the most dangerous and far reaching - Public Charge and the attempt to destroy H-1B.

Roger Algase
Attorney at Law