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.
@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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Rep. Jayapal is correct -- it is not a crime to be undocumented. Here's the Supreme Court saying as much.
Plus, less than 10% of the undocumented population has a removal order, and would only be chargeable if they had willfully disobeyed it, and many don't know they have one.
As for 8 USC 1325, illegal entry applies only to the undocumented population that crossed illegally, meaning visa overstays or people who came via humanitarian parole commit no crime -- and the statute of limitations is 5 years, so most people couldn't even be criminally charged.
Two things can be true at once:
1. It is not a crime to be undocumented, as the Supreme Court itself has noted. 2. A subset of the undocumented population (far less than half) is theoretically criminally chargeable for specific immigration violations.
🧵Today a federal judge is looking into horrific conditions inside ICE holding cells in Chicago, which until January were for stays under 12 hours absent exceptional circumstances.
People are now held for days — and ICE uses the threat of longer stays to get deportation orders.
The excerpts I'm posting are taken from over a dozen sworn declarations submitted in a lawsuit seeking to force ICE to improve conditions. I'll link to the docket at the end of the thread.
One thing comes through clearly in these declarations: the cells are FILTHY.
Multiple immigrants detained at the facility say ICE officer demanded that they sign deportation paperwork, refused to let them talk to lawyers, and threatened them when they wouldn't sign documents in English that they couldn't read.
🚨HUGE moment. ICE leadership is being purged tonight. The old guard, which prioritized targeted enforcement operations aimed at people with criminal records, is being replaced with Border Patrol and Greg Bovino's "Midway Blitz" style.
The first to report on the purge tonight was @Anna_Giaritelli. ICE's leadership is going to be heavily replaced/augmented with Border Patrol leadership.
These are different agencies with different missions and different tactics. It will be chaotic.
@Anna_Giaritelli NBC news reports that the person making all these decisions is not Secretary Noem; it's Corey Lewandowski, who is still a "special government employee" (and by many reports sleeping with Noem and running the agency while she does mostly TV), as well as Gregory Bovino himself.
Hey @DHSGov: if you want me and other nonpartisan experts to trust your numbers, publish the data! The moment you took office you STOPPED publishing monthly data on immigration enforcement.
There hasn't been a single normal ICE arrest data release since inauguration!
I'll also add that if you'd bothered to even read the second post in my thread, I *explicitly acknowledged* that the Trump admin is likely to break records.
That said: do you deny that the 515,000 number includes CBP administrative returns at airports?
🚨This is FALSE. The characterization of this report is MADE UP. The Texas investigation found 2,274 “potential noncitizens” on the voter rolls out of over 18 million (0.01%).
AT NO POINT does the investigation say any of these “potential noncitizens” are “illegal immigrants.”
We know from MANY such audits in the past that people flagged in this situation as “potential noncitizens” usually ARE U.S. citizens, but got flagged b/c of a data error.
For example, last year Alabama claimed to have found 3,251 noncitizens on the voting roll — which was false!
This makes NO SENSE. A 13-year-old was arrested by local police for unknown reasons, and then turned over to ICE, which is detaining him far away from his mother — who is going through immigration court, has an asylum application on file, and is legally authorized to work.
Important context from @TriciaOhio that I'm posting in the interest of fairness. I do not automatically trust it given that she has made multiple inaccurate claims in the past (including even yesterday). IF true, it would at least provide an explanation.
@TriciaOhio To be clear, absolutely none of that information is included in public reporting on this story and the Everett Police Department did not give any statement to the Boston Globe about the initial arrest. Tricia is the the first person to ever give this info.