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

Dec 11
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
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
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
Sep 28
This is wrong. ICE’s non-detained docket includes many people whose cases ended years ago and who can’t be deported due to legal, diplomatic or humanitarian issues.

The number of people on the docket with convictions rose just 15% in 9 years — while the docket itself rose 225%.
Image
Here is Tom Homan's testimony to Congress in support of Trump's FY 2018 budget request, noting that in June 2017, there were 177,000 people on ICE's non-detained docket with prior convictions AND final orders.

As I said—many have been here for decades. This isn't some new thing. Furthermore, abolishment of the Priority Enforcement Program and re-establishment of the Secure Communities program, combined with the expansion of the 287(g)2 program, is expected to result in significant increases to interior apprehensions and removals. As of June 3, 2017, there were 968,773 individuals on ICE’s non-detained docket with final orders of removal, of which 177,496 were convicted criminals. In order to safely and securely carry out this mission across the Nation, ERO will require additional deportation officers to handle this increased workload. The FY 2018 Budget supports hi...
Here is some further context on *why* someone might be on ICE's non-detained docket with a serious conviction but not deported.

I explained some scenarios where this might happen yesterday in the below thread.
Read 4 tweets
Sep 27
This report by @BillMelugin_ gets facts wrong and omits essential context: that millions of people on ICE's non-detained dockets have been here for decades.

By FY 2015, already 368,574 people on the docket had convictions. Many can't be deported, often for diplomatic reasons.
Image
In the report, Bill repeatedly refers to people on ICE's non-detained docket as "illegal immigrants."

In fact, the non-detained docket contains many people who came here with green cards and then lost their status due to a criminal conviction. Some have been here for decades. Image
Many of those on ICE's non-detained docket who have a final order of removal but haven't been deported yet come from countries which refuses deportations.

As of 2022, there were 40,000 post-order Cubans living in the US. Many got out of jail decades ago.
miamiherald.com/news/nation-wo…
Read 11 tweets
Sep 15
Trump here uses the phrase "remigration." I was unfamiliar with the term, so I googled it.

Wikipedia describes it as a "far-right and Identitarian political concept" largely used to describe the mass deportation of non-white immigrants and their descendants from Europe.
Image
Needless to say, the use of such a loaded far-right term suggesting a purge of non-white people in the US far greater than described would itself be newsworthy in a normal world. But given how much else has happened just in the last 24 hours, it's barely even been noticed.
Yep, though given how poorly Operation Janus did the first time around and how tough it is for the US government to denaturalize people, I suspect that’s more about driving support from the base than actual policy (which is not to say it shouldn’t be taken seriously).
Read 5 tweets

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