The People's Republic of China is not exactly known as being a supporter for human rights. This makes it incongruous, to say the least, that a Chinese government agency should issue a report condemning human rights violations in the US - specifically in our immigration system.

But just over a year ago, a not very widely known Chinese government agency, namely the Embassy of China in the Republic of Fiji, issued a scathing report showing the historical background of the anti-immigrant racial discrimination and human rights violations which were at the heart of the Trump administration's immigration policies.

In the light of the history shown in this obscure but difficult to refute report. the August 24 US Supreme decision ordering President Biden to reinstate Donald Trump's all but abandoned "Remain in Mexico" policy against Central American asylum seekers should come as no surprise. See: July 20, 2020:

Serious Discrimination Against and Cruel Treatment of Immigrants Fully Expose Hypocrisy of 'US-Style Human Rights'


After giving many examples of the harsh and brutal treatment of immigrants, and especially child immigrants, by the Trump administration, the Chinese Embassy in Fiji report turns to the role of the Supreme Court in establishing the "plenary power" doctrine which still governs US immigration law: This doctrine, the report makes clear, was created as an instrument of racial bigotry initially targeting primarily Chinese and other Asian immigrants:

In the late 19th Century, in order to justify the "Chinese Exclusion Act", an infamous racial discrimination law, the SCOTUS for the first time had linked "immigrants that could not be assimilated" with "invasion" that threatened US security and created the doctrine of "plenary power" in the context of immigration law. In the "Chinese Exclusion Case" of 1889, the SCOTUS ruled that is the government of the United States considers the presence of foreigners of z different race who will not assimilate with the US, to be dangerous to its peace and security, the foreigners are excluded..."

The only difference between the open racial bigotry in this infamous Supreme Court decision of more than 125 years ago and the bigotry that led to the current Supreme Court's GOP majority's August 24 decision ordering the Biden Administration to reinstate the Trump/Miller "Remain in Mexico" policy against asylum-seekers, was the racial identity of the targeted population - Central Americans instead of Asians.

But the spirit of the August 24 decision, driven by the so-called "Crisis" at the US border caused by immigrants of color "invading" the United States (use Donald Trump's expression in a recent speech) was the same as in the 1889 Chinese Exclusion Law case.

Once again, the Supreme Court of the United States is leading the way in putting racial bigotry ahead of human rights when immigration policy is concerned.

It is America's shame that while few, if any, domestic voices, even in the pro-immigrant community, are willing to openly come out and say that the Supreme Court is advancing anti-immigrant racial bigotry in the US, the government of a country that is itself one of the worst human rights violators in the world has to remind us of this reality.

I will have more to say about this bombshell, but historically accurate, report by the Embassy of China in the Republic of Fiji, in future comments.

Roger Algase
Attorney at Law
Harvard College, A.B.
Harvard Law School, LL.B.