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

Jul 1
Literal cages. Not even metaphorical ones. Literal ones.
For those curious, those white things hanging from the ceiling are ventilation and air conditioning (which is seemingly not turned on where the picture was taken). If you count from the foreground, you can see one actively in use 7 down; it's inflated. Air comes out of the holes.
Seen some questions about where bathrooms are. Hard to say.

When I visited a CBP facility in Tucson that was built off of a similar model, there was a modified port-a-potty in the back of each cell and more bathrooms/showers outside of the cells.
Read 35 tweets
Jun 28
If the bill passes, it could make ICE the nation’s largest jailer, with more funding for detention than the entire federal Bureau of Prisons. It would give ICE enough money to have more officers on board than the entire FBI.

This alone could transform American society forever.
If the GOP reconciliation bill passes, ICE gets through FY2029:

- $45 billion for detention, on top of the current annual budget of $3.4 billion
- $14.4 billion for transportation and removal, on top of the current annual budget of $750 million
- $8 billion for hiring
- And more
Read more about what’s in the reconciliation bill here. Note that our analysis has not yet been fully updated with changes made in the Senate bill.

Should it pass the Senate, we’ll be updating this ASAP Monday. americanimmigrationcouncil.org/sites/default/…
Read 4 tweets
Jun 24
NEW: Erez Reuveni, the DOJ lawyer fired for his honesty in the Kilmar Abrego Garcia case, tells Congress that Emil Bove suggested the DOJ respond to any court orders blocking the CECOT deportations with "fuck you."

He also says DOJ lawyer Drew Ensign lied to Judge Boasberg. Bove then made a remark concerning the possibility that a court order would enjoin those removals before they could be effectuated. Bove stated that DOJ would need to consider telling the courts "fuck you” and ignore any such court order. Mr. Reuveni perceived that others in the room looked stunned, and he observed awkward, nervous glances among people in the room. Silence overtook the room. Mr. Reuveni and others were quickly ushered out of the room. Notwithstanding Bove's directive, Mr. Reuveni left the meeting understanding that DOJ would tell DHS to follow all court orders.21 - Mr....
Reuveni accuses Drew Ensign, the DOJ lawyer appearing for the Trump admin in the Alien Enemies Act case, of lying to Judge Boasberg on March 15 when he said he didn't know planes were taking off.

He says Ensign was at a meeting the day before when the flight were planned! Image
Reuveni says that on March 15 he was emailing DHS updates telling them that Judge Boasberg was ordering DHS to halt the flights.

His supervisor, August Flentje, noted Bove's "fuck you" line and joked Reuveni might be fired for telling DHS not to violate the order. Image
Read 14 tweets
Jun 23
DISASTROUS. This means they will send people to horrific situations with no due process — in direct violation of promises the Solicitor General made to the Court in previous cases.

This greenlights sending people to be enslaved in Libya or tortured in any random foreign country.
Today the GOP justices on the Supreme Court endorsed migrants being sold into slavery.

They'll claim otherwise, but that's the reality — today's decision permits Trump to send people from countries around the world to any global hellhole that accepts a U.S. financial incentive. Image
Sotomayor's dissent is scathing. She accuses her colleagues of a gross abuse of discretion, saying they "interven[ed] to grant the Government emergency relief from an order it has repeatedly defied."

She's right. The 6-justice majority is effectively endorsing contempt of court. Image
Read 14 tweets
Jun 13
This funding would make ICE the highest-funded law enforcement agency in the history of the United States, with greater detention capacity than the entire Federal Bureau of Prisons.

It would reshape society, making federal arrests a daily fact of life in every single community.
Personally I think we should not spend enough money to bring every American out of homelessness on rounding up large portions of America's farmworkers, roofers, drywall installers, masons, carpenters, cooks, janitors, and more, all to crash the economy.
Read 9 tweets
Jun 7
The U.S. government is “demanding” that people stop using certain political rhetoric.

That is appalling. The government cannot order people not to speak in ways they don’t like.
Exactly. Threats against judges are up dramatically, and come after DHS and ICE itself have made appalling and prejudicial comments about judges.
Beyond the free speech issues and the hypocrisy, I am actually sympathetic to some of his concerns! Threatening the family of an ICE officer is wrong!

But ICE leadership knew a large backlash was a consequence of these outrageous new operations; and they ordered it anyway.
Read 4 tweets

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