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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Today the Supreme Court hears a case that will decide the fate of over 350,000 people currently living legally in the United States — and impact thousands more who are still in limbo.
So what is Temporary Protected Status and what is the case about? NEW 🧵 on the issue.
Temporary Protected Status was created to deal with the fact that sometimes, due to an outbreak of war, political crisis, or natural disaster, deportation becomes inhumane.
Without a law to address this, presidents responded on an ad hoc basis using inherent executive authority.
Before TPS, Presidents used a thing called "extended voluntary departure" to address these crisis. For example:
- Ford gave EVD to Lebanese in 1976 due to civil war
- Carter gave EVD to Ugandans in 1978 due to civil war
- Reagan gave EVD to Poles in 1981 due to Soviet crackdowns
From FY 2021 through FY 2024, roughly 3.5 million people became U.S. citizens through naturalization. The idea that Biden is somehow personally responsible if any of them later went on to commit crimes is beyond stupid; it's willfully ignorant and deliberately inflammatory.
Neither @nypost or @DHSgov has EVER blamed Trump for any crimes committed by an immigrant who entered the country or got status under Trump. Not once.
It's because they KNOW it's not a good faith argument.
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?
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.
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).
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.
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.
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.
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.