U[date, November 20, 11:35 pm:

As even some of Trump's strongest right wing Republican supporters start to back away from from his fascistic attempts to overturn the 2020 presidential election by throwing out what could amount to hundreds of thousands, or millions, of legally cast votes in large cities with big minority populations,


htpps://thehill.com/homenews/administration/536938-more-conservatives-break-with-trump-over-election

Trump is also reportedly providing more insight as to what a second term (or first term as an openly fascist president as opposed to merely an aspiring dictator during the past four years in office) would mean for immigration and immigrants' human rights. The Hill reports in November 20 that Trump is planning to abolish the 14th amendment to the US Constitution by executive order during his waning days in office.

https://thehill.com/homenews/administration/526950-trump-administration-revives-talk-of-action-on-birthright-citizenship

Specifically, the order would abolish the sacred right to birthright US citizenship for everyone born in the US, regardless of ancestry, race or parents' immigration status. Just as Trump's attempt to overturn the election and set himself up as dictator is based on utterly bogus claims of "widespread fraud", the argument that the the 14th amendment doesn't protect US born children of unauthorized immigrants (or in some versions, legal immigrants who are not US permanent residents) is utterly fraudulent.

It is based on the myth that the 14th amendment's birthright citizenship clause was intended only to protect the citizenship rights of freed African-American slaves and no one else. This specious argument was rejected by the US Supreme Court 122 years ago in the landmark case of Wong Kim Ark. I will discuss this decision in detail in an upcoming comment.

If Trump ever issues such an order, it is virtually certain that President-Elect Biden would reverse it immediately on taking office. Such an order by Trump, if issued, would bear comparison with the 1936 Nuremberg Laws in Germany which took citizenship away from all German-born Jews.


My earlier comment follows:

America could well be at the most dangerous time in our entire history, at least since the time of the Civil War. ,Faced with the failure of multiple frivolous lawsuits in various states to change the election totals showing that Biden won, Trump is now attempting to destroy the democratic process entirely by persuading Republican election board officials in various states not to certify the election. See: New York Times (November 19):


Trump's Attempts to Overturn 2020 Election Are Unparalleled in US History

https://www.nytimes.com/2020/11/19/us/politics/trump-election.html

Trump's only grounds for trying to overturn a democratic, free and open election which resposnsible officials in both parties have called one of the fairest ever to take place in the US that too many nonwhilte Americans in large cities voted against him. The Strategy is that certification denial would throw the election results into Republican -dominated state legislators which would then override the will of the people and install Trump in the White House for a second term. This is a recipe for fascism, pure and simple.

Even if this strategy fails, at the can be no guarantee that it will, Trump's massive attempt to overturn the election will still leave a large percentage of US voters who faithfully follow the Republican line with the illusion that democracy doesn't work, that Biden is an illegitimate president, and that Trump should have been given a second term. This could be the basis for a fascist takeover in 2024 returning Trump to power.

While the above scenario may have seemed delusional only a week or two ago, most Republican officials, including Congressional leaders. are reportedly falling i to lockstep behind Trump, no mater who extreme his attack on democracy may be. This is not unexpected. As I have written earlier, Trump's racist policies, including his white supremacist anti-immigrant agenda, have been a continuation of Republican orthodoxy for the past half-century, ever since President Richard Nixon "Southern Strategy" of the 1970's.

This is not to say that Trump's latest attempt to overturn democracy by refusing to accept the results of the 2020 presidential election will succeed. This still appears to b a long shot. But, as of this writing, such a result cannot be ruled out, especially of the final decision reaches a Supreme Court stacked with Trump supporters and appointees.

If Trump's strategy wins and he is installed as America's dictator for the next four years (or more likely for life - dictators don't care about constitutions), what will the effect be on immigration - assuming that immigrants still want to come to or live in a fascist America)? The answer is simple: there won't be amy legal immigration any longer. Our borders will be closed and there will be mass expulsion of non white immigrants - including those who are now in the US legally. At the most, a few immigrants may be admitted in from white countries, as was the case for 40 years beginning in 1924.

Immigration advocates have always been experts in details - visa bulletin priority dates, educational or investment requirements for work visas and green cards, ways of proving family relationship. But immigration law id not an island unto itself. It is part of American government and society in general/. If we want to preserve immigration, we must preserve American democracy as we know it.

Otherwise there might no immigration at all - or only a limited, entirely white supremacist system. Immigration advocates must speak out to save our democracy in this perilous time.

Roger Algase
Attorney at Law








To be .

Roger Algase
Attorney at Law
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