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

Apr 11
Wait, sorry, so now the Trump admin is attempting to strip green cards from people just because of who their families are?! And people are cheering this on?
Our government just threw someone in jail because their grandfather was a spokesperson for the Iranian government half a century ago.

We are now openly punishing people for the sins of their ancestors and for no other reasons. We have lost the goddamn plot. Just outrageous.
I don’t think that a child, let alone a grandchild, should be punished for something their parent did and that they had nothing to do with.

That’s a core principle of our society, and something we should not toss aside casually without thinking through the ramifications.
Read 7 tweets
Apr 10
People with DACA came here as children. Every one of them has been here for a minimum 19 years. They grew up here. They went to school here. Many speak English with no accent. They are working legally, paying taxes, doing everything right.

And Trump's ICE is still jailing them.
Because that's not something a President can do. Only Congress can provide a path to permanent legal status for most DACA recipients. And Congress has sat on its ass for years, even though huge majorities of the American public supports the DREAM Act.
In 2018, the Supreme Court said DACA might be legal if it only protected against deportation, not provided work permits. The 5th Circuit, the most conservative in the country, upheld that version and limited their ruling only to Texas (the plaintiff).
Read 21 tweets
Apr 9
SEVEN whole law professors?!?!

Here I was thinking that what mattered was every single judge who has ruled on the issue, 125+ years of accepted understanding of the 14th, and centuries of common law on the contours of jus soli. But if you have SEVEN law professors, man, WOW.
Less sarcastically, this article has a GLARING flaw: dual citizenship. Many children of U.S. citizens acquire foreign citizenship at birth under jus sanguinis and so would not have an "exclusive" allegiance to the US under this theory. That can't be right.
Image
If "exclusive allegiance" is required, then how could that cover Wong Kim Ark himself, who was a dual national?

Hamburger's answer is that U.S. law at the time did not recognize dual nationality. That's a bizarre answer that raises more questions than it answers. Image
Read 8 tweets
Apr 6
The overwhelming majority of Americans (polls show over 80%) oppose the deportation of people like this woman. In every previous administration, including Trump's first, this woman would not have been a priority for enforcement.

What are we doing here? This is wrong.
You can't get a fiancé visa from inside the country, and thanks to failed laws Congress passed 30 years ago, getting a green card through her husband could be either near-impossible or could take 3-5 years minimum. It's not as simple as most people think.
In 1996, Congress said that people wanting to get a green card through a US citizen spouse, who had originally entered illegally, had to leave the US and get a visa, which triggers a 10-year ban on reentry.

Waivers exist, but that process can take years.
Read 13 tweets
Feb 25
A truly AWFUL situation; last week Border Patrol dropped a “nearly blind” Burmese refugee off in front of a random donut shop in Buffalo, five miles from his house.

He was just found dead, having never made it home. Image
It is truly enraging. To take someone so vulnerable and to drop them off so far from their home in the middle of winter without notifying family? It was a recipe for disaster. And I doubt anyone will be held accountable.
Read 4 tweets
Feb 9
ICE has now spent over half a BILLION dollars just on purchasing warehouses around the country to convert into detention camps.

If these mega-camps are utilized to the full capacity ICE intends, they'll be the largest prisons in the country, with little to no real oversight.
Right now Rikers Island, the physically largest jail in the entire United States, is holding under 7,000 people.

ICE's warehouse plans include detention camps which will hold between 8,500-10,000 people in buildings not designed for human habitation.
The largest federal prison in the nation is Fort Dix, which has a rated capacity of 4,600 people. The largest of these warehouse camps may hold more than twice that number of people.

The federal government hasn't operated a prison camp that large since Japanese Internment.
Read 10 tweets

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