Aaron Reichlin-Melnick Profile picture
Aug 23, 2019 5 tweets 3 min read Read on X
NEW!

Interim Rule from the @DOJ_EOIR rearranging EOIR's org chart to reflect changes made in the Trump era, plus some odd new changes to the BIA and to the Director's role.

Reading them now.
s3.amazonaws.com/public-inspect…
@DOJ_EOIR The biggest new change to EOIR's organizational structure is the Office of Policy, created in 2017 and just now being formalized in regulations. This office has been the source of many of the Trump administration's worst changes to immigration courts.
@DOJ_EOIR Board of Immigration Appeals members, known since the creation of the Board as "Board Members," are now going to be officially also called "Appellate Immigration Judges."

The politics of that choice are... interesting.
@DOJ_EOIR The interim rule will also permit, in circumstances where an appeal hasn't been decided within certain time periods, for the EOIR Director to decide appeals!

The regulations previously allowed the A.G. to decide cases in those scenarios, and the A.G. says he's too busy.
@DOJ_EOIR Finally, because allowing the Director to decide appeals conflicts with a current regulation saying the Director cannot do that, the Interim Rule edits the old regulation to make the new delegation of authority permissible.

The rule goes into effect 60 days from Monday.

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More from @ReichlinMelnick

Jan 16
I can quibble with the timeline on some of these (e.g. "restart wall construction" will take months to put into action given the state of contractual issues) but I agree that the majority of this will be attempted. The most immediate EO impact will be cuts to legal immigration.
Actually this is a great opportunity to do a thread on some of the things to look out for on in the first week. I'm going to mirror @David_J_Bier's thread here and go over some thoughts about each. Sorry David for spamming your mentions.

Let's start with CHNV parole.
@David_J_Bier The CHNV program came through a deal with Mexico, where they'd take US deportations of some non-Mexican nationals in exchange for the US taking a reciprocal number via alternate legal pathways.

The program worked. Border crossings dropped. But migrants do get to come in legally. Image
Read 27 tweets
Jan 16
NEW—Senator Britt has been sharing a document defending the Laken Riley Act with other senators raising concerns.

The problem is, the document makes a number of significant errors. We obtained a copy and marked it up, explaining where her office got the facts and law wrong.

1/5 Image
Senator Britt's office says the Laken Riley Act just makes minor changes to current law. That is false. Immigration law has never mandated detention for arrests which didn't lead to criminal charges, or which even resulted in acquittals! That transforms how the law operates.

2/5 Image
Finally, Senator Britt's office tries to defend the radical provisions of the bill letting state attorneys general sue to take control of immigration enforcement.

But they're silent on the biggest poison pill—a provision which could let a single judge cut legal immigration.

3/5 Image
Read 5 tweets
Jan 9
If they actually put Title 42 into effect, expect border crossings to spike dramatically soon after he takes office. The policy was a huge winner for smugglers.
Here's what happened with border crossings when Stephen Miller got the CDC to implement Title 42: after the April 2020 lockdown, border crossings rose every single month for a year.

By November 2020, smugglers were telling Reuters they loved the policy.
Image
As @David_J_Bier has documented, Title 42 led to an almost immediate spike in so-called "got-aways." With the asylum system shut down for nearly 2 years (with even ports of entry closed to those seeking protection), migrants began crossing over and over. Image
Read 4 tweets
Dec 11, 2024
There are serious factual errors with what @mattyglesias writes here. For example, the deals had nothing to do with "seeking refuge closer to home." That was a lie pushed by the Trump admin. In fact, there deal with Honduras would have let them send Mexicans and Brazilians there.
Another thing missed by @mattyglesias is that the 2024 asylum ban crackdown couldn't have been done in early 2021! It required the end of Title 42, diplomatic deals with Mexico, Congressional funding of asylum officers, and more physical infrastructure.
@mattyglesias Anyway, @mattyglesias, you know my colleague @DLind well and I'd be happy to walk you through the facts you're missing; how the border situation Biden inherited in 2021 was unprecedented and there were a lot of very difficult policy choices which were not as easy as you think.
Read 4 tweets
Nov 26, 2024
Not to put too fine a point on it, but anyone who claims that Mexico and Canada can "easily solve" migration and drug smuggling issues is either lying to themselves, lying to you, or just a complete moron.
Sorry, but no, this is simply not true. Mexico has been ramping up anti-migrant enforcement at U.S. request for more than a decade and is currently engaged in the largest crackdown on migrants yet, which has had a very significant impact on reducing border crossings into the US.
Yeah buddy, massive inflation worse than anything in the last few years, combined with a a huge blow to the U.S. economy causing thousands of firms to go under, is really better than the status quo. Uh huh. Sure.
Read 5 tweets
Oct 8, 2024
Not sure exactly what @whstancil is suggesting but a couple thoughts:

1. Migration is rising globally. The United States is not unique in dealing with this trend, despite many US-centric media takes.
2. A key part of the current problem is Congress's decade-long refusal to act.
People are frustrated with migration not only because of the media's myopic and overdramatic views of the issue (remember the morning show filmed at the border wall in March 2021?), but also because policymakers keep suggesting this is an easy problem with an easy solution.
We have a 2,000 mile land border that people have been crossing in the millions for 50+ years. We have an economy built on the labor of people who are more likely to be exploited and less likely to have a recourse. And we don't let even those here for decades "fix their papers."
Read 6 tweets

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