Update, March 11, 4:33 pm

Today's Immigration Daily carries an announcement that the DHS has revoked the Trump-Miller Public Charge rule and its accompanying pernicious USCIS Form I-944 effective March 9, 2021. There could not possibly be better news than this for the future of legal immigration in America. One can only ask - why did Biden take almost 2 months into his presidency to do this?

But better late than never! My original comment follows.


A great deal has been written about he damage to the legal immigration system resulting from two of the Trump-Miller administration's signature policies which were intended to take effect in the last year of his presidency. Irefer to the Public Charge rule, which the federal courts allowed to take effect as of February 24, 2020, just over a year ago, and the elitist H-1B selection selection rule, which President Biden has postponed through December 31, 2021. The new president has also announced that the Trump-Miller Public Charge rule is "under review". But in the meantime, it is still being enforce.. This "go slow"( in the case of H-1B) or "do nothing" approach (in the case of Public Charge) strongly contrasts with President Biden's speed in getting rid of other examples of Trump's white supremacist immigration agenda - such as the Muslim ban, border wall construction and family separation, to mention only a few.

Why the timidity and hesitation in getting rid of these two major attempts to destroy the heart of our current legal immigration system when President Biden has been swift and bold in dealing with other areas of i,,immigration? I believe that this is because of a profound and dangerous misunderstanding among the American public of the motivation for these two policies.

Te conventional wisdom concerning two Trump-Miller policies they are over-reactions to legitimate concerns: avoiding a drain on public finances in the case of public Charge, and protecting the jobs of US workers in the case of H-1B. Nothing could be further from the reality.

The only purpose of these two policies is to destroy two of the most fundamental sources of nonwhite legal immigration in the US. With regard to Millers new Public Charge Rule, the obvious objective was to eliminate or vastly reduce family -based green cards, a program which has been one f the main sources of non-European legal immigration over the pat half century.

One of Trump's top priorities as president was to cut back on family immigration, which he referred to as "horrible" at one point. He also supported the the RAISE Act, which was introduced by GOP Senators Cotton and Perdue but wend nowhere in Congress. Trump claimed that this bill would replace family-based immigration with a "Merit-Based" immigration system. Miller's Public Charge rule, with its wealth test and overwhelmingly burdensome paperwork requirements in USCIS Form I-944, is meant to accomplish the same purpose.

Turning to H-1B, Trump's attempt to eliminate that visa, which is the very essence of skilled immigration, show that his claim of wanting to impose a "Merit-based system was an utter fraud. Trump's attack on H-1B was nothing other than an attempt to stop mainly Indian and Chinese skilled workers from coming to or remaining in the US.

While President Joe Biden should be commended fro many of his actions to restore justice and racial equality to the immigration system,, such as those I have mentioned above, it is a disgrace and stain on his presidency that after 50 days as the nation's chief executive, Biden has no yet gotten rif of these two destructive centerpieces of Donald Trump's racist anti-immigrant agenda.

"Review and Reschedule" will not work. President Biden needs to Revoke and Rescind.


Roger Algase
Attorney at Law
algaselex@gmail.com