Discover and read the best of Twitter Threads about #publiccharge
Most recents (24)
šJoin us at 11am today for this important conversation as #California prepares to review eligibility for millions of #MediCal recipients. We'll be speaking with experts and health care practitioners about what this could mean. Follow the livestream: ethnicmediaservices.org/media-briefingā¦
Welcome to today's briefing sponsored by @DHCS_CA and organized by EMS and @CaliforniaBlac2. We'll be looking at who is at risk for being disenrolled from #MediCal under California's "great unwinding," and what people can do to get ready.
Our first speaker is Yingjia Huang, Assistant Deputy Director, Department of Health Care Services. April began the renewal process for 15 million MediCal recipients, says Huang. The process had been suspended during the #Covid pandemic.
Ty to @openargs for having me on to discuss a mostly-overlooked recent #SCOTUS decision, creeping fash, the Lando Calrissian of the Canadian border, the final demise of the Trump #publiccharge rule, + that time Steven Seagal shot a puppy in the head to impress Joe Arpaio
Going to drop a few footnotes below with citations to things I mentioned in this episode:
First, here's the outstanding longform Politico piece I mentioned re: the history of CBP after its creation as part of DHS in 2003. It's a little dated now but well worth the time
politico.com/magazine/storyā¦
politico.com/magazine/storyā¦
Tuning in to the Public Charge workshop with Training and Legal Support, or TLS, Director Charles Wheeler and TLS Staff Attorney Joanna Mexicano Furmanska. #ConveneWithCLINIC
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This workshop covers the current interpretation and standard being used by the USCIS and the State Department.
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Looking for more information and resources on #PublicCharge?
Visit CLINIC's Public Charge page: cliniclegal.org/issues/public-ā¦
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Visit CLINIC's Public Charge page: cliniclegal.org/issues/public-ā¦
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Tuning into the workshop: Hot Topics in Immigration Law with Charles Wheeler, Director of Training and Legal Support, or TLS, Ilissa Mira, TLS Staff Attorney, and Martin Gauto, TLS Senior Attorney. #ConveneWithCLINIC
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TLS Director Charles Wheeler discusses recent changes to #PublicCharge.
You can view articles and resources on the current status of #PublicCharge here: cliniclegal.org/issues/public-ā¦
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You can view articles and resources on the current status of #PublicCharge here: cliniclegal.org/issues/public-ā¦
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TLS Staff Attorney Ilissa Mira provides an overview of the #TPS landscape.
CLINIC's TPS/DED page is updated frequently to reflect new designations, redesignations and more! cliniclegal.org/issues/temporaā¦
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CLINIC's TPS/DED page is updated frequently to reflect new designations, redesignations and more! cliniclegal.org/issues/temporaā¦
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An impt feature of the Biden admin's #publiccharge strategy worth note: they implemented the shift by deciding "the govt will no longer defend" the Trump-era rule in court and abandoned their appeals challenging the dist court decisions enjoining it. 1/ dhs.gov/news/2021/03/0ā¦
That means if Texas or Florida wants to challenge the Biden admin's shift, they'd likely have to bring that challenge in front of the same courts that first struck down the rule. If they didn't, they'd probly face a compelling forum non-conveniens/transfer motion very quickly. 2/
That was smart tactics by the Biden admin, and can be replicated. There are TPS cases, detainer cases, detention cases, and many others before judges who initially ruled in plaintiffs' favor. If Biden admin wants its changes to stick, those are the courts to be in. /end
šØBREAKING: Today, the Biden administration agreed to end all SCOTUS appeals of the previous administrationās #PublicCharge āwealth testā, which targeted low-income immigrants and their families. This paves the way for ending this dangerous & racist rule.
š§µA thread 1/
š§µA thread 1/
Trumpās public charge āwealth testā was cruel & dangerous to the health and well-being of our nation. It threatened the health, nutrition, and housing of millions of families and has impeded our ability to fully recover from the pandemic. 2/
This is an important step forward to build back trust within our immigrant communities. The Biden administration clearly recognizes that now more than ever, we must ensure everyone in this country has the freedom to thrive. 3/
šØBREAKING: @POTUS has begun the process of undoing the #PublicCharge immigrant āwealth test.ā This commitment to reverse one of the most harmful policies of the Trump administration is a colossal step toward ensuring we all have the freedom to thrive. 1/4
The public charge āwealth testā stoked fear & confusion in our communities, causing many immigrants to choose between feeding their loved ones and accessing essential health care during a global pandemic. The rule is harmful & racist. 2/4
Over the last 4 years, NILC has worked alongside our partners to fight back against public charge. We co-led & founded the #ProtectFamilies campaign, driving in more than 250,000 public comments opposing the rule. 3/4
1/On #InaugurationDayĀ we are here to demand profound changes to the racist, xenophobic, evil immigration system.
We will except nothing less.
Threadšš½šš¾ššæ
#AbolishICE
We will except nothing less.
Threadšš½šš¾ššæ
#AbolishICE
2/Save Pro Se.
3/Right to council.
Today in "we love immigrants who come the RIGHT WAY": yet another significant--and wholly unnecessary--proposal to add a massive speed bump to "the right way"
Under current law, these sponsors only have to provide (uncertified) tax filings and proof that they are a US citizen or resident. This burdensome new requirement would stack on top of the extremely burdensome new #publiccharge rule which has already claimed several small forests
No doubt Stephen Miller has been sitting on a pile of shit that they're going to throw at the wall on the way out, so I'd expect to see a lot more of this kind of thing (as if we haven't had enough) before January
šØDHS is re-imposing its #PublicCharge rule nationwide, now that all court injunctions are stayed. No surprises there.
But where do they get off applying the rule retroactively, all the way back to Feb 2020?
Let's have a closer look...
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uscis.gov/green-card/greā¦
But where do they get off applying the rule retroactively, all the way back to Feb 2020?
Let's have a closer look...
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uscis.gov/green-card/greā¦
Here's the USCIS info page that was live after an NY judge blocked the #PublicCharge rule nationwide on July 29.
USCIS told green card & other applicants *not* to include extra public charge paperwork (Form I-944) if postmarked on or after 7/29.
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web.archive.org/web/2020081316ā¦
USCIS told green card & other applicants *not* to include extra public charge paperwork (Form I-944) if postmarked on or after 7/29.
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web.archive.org/web/2020081316ā¦
Today, USCIS is effectively saying: "Fooled you!"
If you postmarked an application on or after 7/29, they'll just demand that extra paperwork after the fact.
(The odds that USCIS has already adjudicated any such applications are near-zeroāthey don't move that fast.)
3/3
If you postmarked an application on or after 7/29, they'll just demand that extra paperwork after the fact.
(The odds that USCIS has already adjudicated any such applications are near-zeroāthey don't move that fast.)
3/3
.@camiloreports does an exemplary job contextualizing the ugly history of the DHS #PublicCharge rule, including its origins for "banning Chinese immigrants under the premise that they 'endangered the good order' of certain American communities."
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Just as predictably, @HomelandKen lies about the effect the Trump administration's #PublicCharge rule would have had on his own Italian immigrant ancestors. In fact, they almost certainly would have been turned away...
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On Friday night, Judge Paula Xinis (D. Md) issued a preliminary injunction against a thicket of anti-asylum DHS regs.
Kudos to @CASAforall @asylumadvocacy @OasisLegal @centrolegal @PangeaLegal & @IRAP @gibsondunn
Helpful summary here:
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asylumadvocacy.org/wp-content/uplā¦
Kudos to @CASAforall @asylumadvocacy @OasisLegal @centrolegal @PangeaLegal & @IRAP @gibsondunn
Helpful summary here:
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asylumadvocacy.org/wp-content/uplā¦
The judge blocked these regs not only because they violate the usual laws (APA, HSA, RFA), but also because Chad Wolf isn't lawfully acting as DHS Secretary.
Not the first or last such ruling.
Full opinion here:
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asylumadvocacy.org/wp-content/uplā¦
Not the first or last such ruling.
Full opinion here:
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asylumadvocacy.org/wp-content/uplā¦
The judge also opted to restrict relief only to members of @CASAforall & @asylumadvocacyāin part because nationwide injunctions have gotten so dicey in the wake of the #PublicCharge litigation.
Hopefully other orgs will be able to leap in now & protect their members, too.
3/3
Hopefully other orgs will be able to leap in now & protect their members, too.
3/3
The DHS #PublicCharge ruleāTrump's reckless "wealth test" to restrict immigrationālumbered back to life w/ a 2nd Cir. ruling on Fri night.
These judges did *not* say the rule is lawfulāindeed, they believe DHS is likely to lose.
So what's going on?
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boundless.com/blog/public-chā¦
These judges did *not* say the rule is lawfulāindeed, they believe DHS is likely to lose.
So what's going on?
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boundless.com/blog/public-chā¦
TL;DR: The 2nd Circuit decided whether a lower court had any authority to suspend ("enjoin") the public charge rule, which was blocked in 3 states (NY/CT/VT).
Citing a prior SCOTUS order, they ruled no, clearing the way for DHS to reimpose the rule nationwide.
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Citing a prior SCOTUS order, they ruled no, clearing the way for DHS to reimpose the rule nationwide.
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This litigation has been incredibly complicated and disorienting.
I find it helpful to split the cases into two tracks: pre-Covid and post-Covid.
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I find it helpful to split the cases into two tracks: pre-Covid and post-Covid.
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1/ I'm checking in on the state of American fascism by watching today's entire Trump #immigration speech so that you don't have to. Don't thank me yet.
2/ A CBP officer warms up the crowd... in Spanish. An uneasy tension spreads through the mostly-unmasked crowd, which changes up as he switches to English to explain that he is here so that "everyone can stop playing the race card"
3/ Another man in a CBP polo starts explaining that children will be raped and murdered in "Joe Biden's America" as organized crime operates with impunity, borders will be "nothing but a myth," and "chaos will reign."
@CBP: this you?
@CBP: this you?
Inter-branch whiplash: A 2d Cir. judge stayed an injunction of the #PublicCharge ruleābut not in NY/CT/VTā& possibly only for a short time.
USCIS is trying to "determine the administrative viability of reimplementing" the rule "where applicable."
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cbsnews.com/amp/news/immigā¦
USCIS is trying to "determine the administrative viability of reimplementing" the rule "where applicable."
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cbsnews.com/amp/news/immigā¦
Two days later & USCIS still hasn't updated its website on injunctions, so it's still telling people they don't have to worry about the #PublicCharge rule if they postmark an application now.
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uscis.gov/green-card/greā¦
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uscis.gov/green-card/greā¦
And as of this moment, USCIS has scrubbed its website of the dreaded I-944, a monster of a form that the public charge rule imposes on all green card applicants.
If the rule applies now at all. Which it *could* (outside of NY/CT/VT)...but does it?
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uscis.gov/forms/all-forms
If the rule applies now at all. Which it *could* (outside of NY/CT/VT)...but does it?
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uscis.gov/forms/all-forms
.@USCIS just announced it will *not* apply the #PublicCharge rule to applications (a) adjudicated, or (b) **postmarked** on or after June 29 (for now).
This is a faster & more unequivocal response to the court order than I expected. Quite unlike DACA.
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uscis.gov/green-card/greā¦
This is a faster & more unequivocal response to the court order than I expected. Quite unlike DACA.
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uscis.gov/green-card/greā¦
Is anyone planning to race to the post office over the next few days, given that the Trump administration is bound to race to SCOTUS to get the SDNY injunction stayed?
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I'm surprised that @StateDept hasn't updated its own guidance (said nobody ever).
SDNY blocked the State Dept's #PublicCharge rule as well, so they ought to, you know, acknowledge a federal court order.
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travel.state.gov/content/travelā¦
SDNY blocked the State Dept's #PublicCharge rule as well, so they ought to, you know, acknowledge a federal court order.
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travel.state.gov/content/travelā¦
My testimony before the ā¦@HouseJudiciaryā© Committee on how Congress should exercise oversight of ā¦@USCISā©. Agency leadership + WH have simultaneously created:
1) a mismanagement crisis
2) an accountability crisis
3) a naturalization crisis
Mismanagement Part I:
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1) a mismanagement crisis
2) an accountability crisis
3) a naturalization crisis
Mismanagement Part I:
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@HouseJudiciary @USCIS Mismanagement, Part II:
@USCIS increased headcount by 20% since 2017. Why?
*Surge in fraud detection staff (for no demonstrable reason)
*Massive new red tape (e.g. #PublicCharge rule) requires more staff to complete fewer cases
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@USCIS increased headcount by 20% since 2017. Why?
*Surge in fraud detection staff (for no demonstrable reason)
*Massive new red tape (e.g. #PublicCharge rule) requires more staff to complete fewer cases
2/
Quadruple legal victory today:
1) State Dept 2018 #PublicCharge policy;
2) State Dept 2019 #PublicCharge rule; &
3) Trump's "healthcare proclamation" all enjoined indefinitely.
4) DHS #PublicCharge rule enjoined for duration of COVID-19 emergency.
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nilc.org/2020/07/29/injā¦
1) State Dept 2018 #PublicCharge policy;
2) State Dept 2019 #PublicCharge rule; &
3) Trump's "healthcare proclamation" all enjoined indefinitely.
4) DHS #PublicCharge rule enjoined for duration of COVID-19 emergency.
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nilc.org/2020/07/29/injā¦
Immediate results:
@StateDept & @USCIS ordered to stop enforcing their #PublicCharge rulesātheir lawyers will be scrambling tonight on an appeal strategy.
Healthcare proclamation was already blocked, thanks to @jactioncenter @ThinkLawLab @SidleyLaw:
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justiceactioncenter.org/civil-rights-cā¦
@StateDept & @USCIS ordered to stop enforcing their #PublicCharge rulesātheir lawyers will be scrambling tonight on an appeal strategy.
Healthcare proclamation was already blocked, thanks to @jactioncenter @ThinkLawLab @SidleyLaw:
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justiceactioncenter.org/civil-rights-cā¦
Today's (for now) victorious @MaketheRoadNY lawsuit is the only one so far that took aim at the whole web of Trump admin policies designed to scare immigrants & US citizens from using healthcare services.
Pretty impressive lawyering, @LegalAidNYC @NILC @theCCR @PaulWeissLLP!
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Pretty impressive lawyering, @LegalAidNYC @NILC @theCCR @PaulWeissLLP!
3/3
šØNY District Court judge just issued a nationwide injunction against the DHS #PublicCharge rule, lasting as long as the COVID-19 national emergency.
This sets up a *third* race to SCOTUS for a final decision.
First some background on the case:
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This sets up a *third* race to SCOTUS for a final decision.
First some background on the case:
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Back in April, the Supreme Court declined to reconsider halting the #PublicCharge rule in light of the COVID-19 pandemic, but allowed @NewYorkStateAG & others to have another shot in the Southern District of NY.
Which brings us to today...
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ag.ny.gov/press-release/ā¦
Which brings us to today...
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ag.ny.gov/press-release/ā¦
Judge Daniels found that:
*The #PublicCharge rule is causing irreparable harm by preventing immigrants from seeking COVID testing & treatment
*The USCIS "alert" on this matter is bogus
*Only a nationwide injunction makes sense
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*The #PublicCharge rule is causing irreparable harm by preventing immigrants from seeking COVID testing & treatment
*The USCIS "alert" on this matter is bogus
*Only a nationwide injunction makes sense
3/
Time for a special summer edition of the (nominally) Spring 2020 Unified Regulatory Agenda.
Wherein the Trump administration previews what it really wants to bear down on during its final guaranteed months in office, including immigration policy...
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reginfo.gov/public/do/eAgeā¦
Wherein the Trump administration previews what it really wants to bear down on during its final guaranteed months in office, including immigration policy...
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reginfo.gov/public/do/eAgeā¦
First, a quick primer:
"Proposed rules" haven't even left the starting gate. There is precious little time to get them published, collect public comments, & implement a final rule before Jan 2021.
It's possible, but they're going to have to triage.
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boundless.com/blog/how-long-ā¦
"Proposed rules" haven't even left the starting gate. There is precious little time to get them published, collect public comments, & implement a final rule before Jan 2021.
It's possible, but they're going to have to triage.
2/
boundless.com/blog/how-long-ā¦
If a "final rule" is published by Jan 2021, & a Biden admin takes over, then either:
a) Congress can nullify the rule using the Congressional Review Act (not happening if Rs hold the Senate)
b) Biden admin must do a whole 'nother rulemaking process to rescind a Trump rule
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a) Congress can nullify the rule using the Congressional Review Act (not happening if Rs hold the Senate)
b) Biden admin must do a whole 'nother rulemaking process to rescind a Trump rule
3/
13,400 employees of a mismanaged federal agency are losing their paychecks at the worst possible time--a scandal by any definition, but even worse when you factor in the many thousands of immigrants with pending citizenship applications who now may not be able to vote in November
USCIS has always been 95%+ funded by the extremely expensive filing fees paid by immigrants themselves. This is why it never closes even during government shutdowns, and why it hasn't depended on Congressional appropriations generally.
So how did this happen? A few things:
So how did this happen? A few things:
DHS claims that new filings have been way down since the #COVID19 lockdowns began. And I'm sure that's true: A typical greencard through marriage costs $1760 in filing fees alone--a lot for any family facing economic uncertainty.
But there's a lot more going on here.
But there's a lot more going on here.
we are now
as of today
133 DAYS
from the beginning
of the
[say it with me now]
ššš POST-TRUMP ERA ššš
post TRUMP
POST
Trump
that is "post"
as in AFTER
as of today
133 DAYS
from the beginning
of the
[say it with me now]
ššš POST-TRUMP ERA ššš
post TRUMP
POST
Trump
that is "post"
as in AFTER
So yes: a lot of bad stuff is happening this week, especially in #immigrationpolicy.
Just here to remind you that this rollercoaster is about to come to a full & complete stop, & that there is no irreversible damage he can really do in his last few months.
Next: the real work!
Just here to remind you that this rollercoaster is about to come to a full & complete stop, & that there is no irreversible damage he can really do in his last few months.
Next: the real work!
It's mid-November. All of the votes are finally in and accounted for, and Trump has just been trounced in an absolutely historic landslide.
Will he act out? Sure. Will he try to do as much damage as possible? Probably.
Will anyone take him seriously? No.
Will he act out? Sure. Will he try to do as much damage as possible? Probably.
Will anyone take him seriously? No.
šØThe #PublicCharge rule is enjoined in Illinois.
The already complicated plot thickensāmore analysis to come soon.
courthousenews.com/7th-circuit-blā¦
The already complicated plot thickensāmore analysis to come soon.
courthousenews.com/7th-circuit-blā¦
More precisely: The 7th Circuit has affirmed a lower court's prior decision (Oct 2019) to enjoin the DHS #PublicCharge rule throughout Illinois.
But this probably won't change anything immediately, because of a very odd SCOTUS order (Feb 2020)...
But this probably won't change anything immediately, because of a very odd SCOTUS order (Feb 2020)...
Here's the whole thing. Even though DHS just lost in the 7th Circuit, SCOTUS has guaranteed that its #PublicCharge rule will stay in effect until either:
(a) gov't appeals to SCOTUS & is denied cert; or
(b) SCOTUS grants cert & rules against DHS.
(a) gov't appeals to SCOTUS & is denied cert; or
(b) SCOTUS grants cert & rules against DHS.
What should Congress do now that @USCIS is claiming insolvency & holding its 20,000 employees hostageānot to mention the legal immigration systemāunless it gets a $1.2 billion taxpayer-funded bailout?
@AILANational has some eminently reasonable ideasā¦
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aila.org/advo-media/ailā¦
@AILANational has some eminently reasonable ideasā¦
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aila.org/advo-media/ailā¦
First, no bailout without full transparency.
"Congress should appoint an independent auditor to conduct an immediate review of the agencyās funding request by June 15, as well as a full audit of its budget and operations by June 30."
Congress has an auditor. Paging @USGAO!
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"Congress should appoint an independent auditor to conduct an immediate review of the agencyās funding request by June 15, as well as a full audit of its budget and operations by June 30."
Congress has an auditor. Paging @USGAO!
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No bailout until @USCIS stops digging itself an even deeper hole. Namely:
*Stop requiring needless interviews
*Stop re-adjudicating approved petitions
*Use fingerprints for 5 years (it's not like fingerprints change!)
*Stop wasting staff time on demanding extra paperwork
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*Stop requiring needless interviews
*Stop re-adjudicating approved petitions
*Use fingerprints for 5 years (it's not like fingerprints change!)
*Stop wasting staff time on demanding extra paperwork
3/
