Reminder: There's a second congressional hearing today on the end (and subsequent reinstatement) of #MedicalDeferredAction.
You can follow along here: oversight.house.gov/legislation/he…
Or, you can follow me for the newsy nuggets.
You can follow along here: oversight.house.gov/legislation/he…
Or, you can follow me for the newsy nuggets.
For background, we first reported on the end of the humanitarian policy back in August when Boston-area #immigrants began receiving denial letters from @USCIS.
wbur.org/news/2019/08/2…
wbur.org/news/2019/08/2…
@USCIS We spoke with a few people who were receiving life-saving medical treatment here in Boston. They requested #MedicalDeferredAction from USCIS, asking for visa extensions and temporary deferral of deportation to continue treatment.
Here's their story:
Here's their story:
@USCIS Subcommittee Chairman Raskin opens the #MedicalDeferredAction hearing by mentioning the late Elijah Cummings' final act before passing away, signing subpoenas requiring additional info from the Trump administration on the end of the policy.
@USCIS @RepRaskin: What was the reason for the secrecy and surprise in ending this humanitarian policy?
Accdg to USCIS, Raskin says, the agency spoke to zero external stakeholders before ending #MedicalDeferredAction.
Accdg to USCIS, Raskin says, the agency spoke to zero external stakeholders before ending #MedicalDeferredAction.
@USCIS @RepRaskin Raskin: We want clarity, we want answers and we will not stop until we get them.
@USCIS @RepRaskin .@RepChipRoy, the ranking GOP member, begins by pointing out there very few members of his party at the hearing -- many having conflicted priorities.
He also says he doesn't believe USCIS had plans to deport anyone but instead ending #MedicalDeferredAction was a policy shift.
He also says he doesn't believe USCIS had plans to deport anyone but instead ending #MedicalDeferredAction was a policy shift.
@USCIS @RepRaskin @RepChipRoy Roy: this hearing involves a policy that impacts appx 900 people for "whom we have great sympathy."
In comparison, Roy cites massive numbers of people encountered at the border by immigration officials, people waiting for immigration hearings and drugs seized at the border.
In comparison, Roy cites massive numbers of people encountered at the border by immigration officials, people waiting for immigration hearings and drugs seized at the border.
@USCIS @RepRaskin @RepChipRoy .@USCISCuccinelli: "To be clear, DHS has never administered a Medical Deferred Action program."
The word 'program' has been an ongoing sticking point for the administration.
The word 'program' has been an ongoing sticking point for the administration.
@USCIS @RepRaskin @RepChipRoy @USCISCuccinelli Cuccinelli confirms that all cases of #MedicalDeferredAction that were denied on Aug 7th have now been reopened for further consideration.
Accdg to #Boston based @iiicenter, none of its clients have received acceptance or denial letters since the policy was reinstated on Sep 18.
Accdg to #Boston based @iiicenter, none of its clients have received acceptance or denial letters since the policy was reinstated on Sep 18.
@USCIS @RepRaskin @RepChipRoy @USCISCuccinelli @iiicenter .@ICEgov's acting director Matt Albence says he's present to defend the men and women of ICE. He says ICE has no role in making decisions around #medicaldeferredaction.
@USCIS @RepRaskin @RepChipRoy @USCISCuccinelli @iiicenter @ICEgov You might remember that @ICEgov sources told us the agency was "blindsided" by the end of the #MedicalDeferredAction policy, even as @USCIS told us that ICE was taking over the applications.
Here's more:
wbur.org/news/2019/08/2…
Here's more:
wbur.org/news/2019/08/2…
@USCIS @RepRaskin @RepChipRoy @USCISCuccinelli @iiicenter @ICEgov Cuccinelli says people applying for #MedicalDeferredAction are in the country illegally, however, as with most things in #immigration policy and law -- it's more complicated than that.
These are often people who've exhausted all of the legal options (like B2 health visa).
These are often people who've exhausted all of the legal options (like B2 health visa).
@USCIS @RepRaskin @RepChipRoy @USCISCuccinelli @iiicenter @ICEgov So, often, someone receiving #medicaldeferredaction entered the U.S. legally and is applying for MDA as a last resort, to be able to stay in the country and receive medical treatment.
@USCIS @RepRaskin @RepChipRoy @USCISCuccinelli @iiicenter @ICEgov Albence: "There were discussions about whether or not this would be a good idea" he says referencing the USCIS decision to end #MedicalDeferredAction.
Topic fell off the radar until USCIS decided to end the process w/o notifying ICE.
Topic fell off the radar until USCIS decided to end the process w/o notifying ICE.
@USCIS @RepRaskin @RepChipRoy @USCISCuccinelli @iiicenter @ICEgov Reminder, we broke this story about the end of #medicaldeferredaction back in August.
wbur.org/news/2019/08/2…
wbur.org/news/2019/08/2…
@USCIS @RepRaskin @RepChipRoy @USCISCuccinelli @iiicenter @ICEgov Albence is asked which agency should administer #MedicalDeferredAction -- he says he believes it should remain with USCIS.
@USCIS @RepRaskin @RepChipRoy @USCISCuccinelli @iiicenter @ICEgov "This is not an action, a program or policy -- it is the withholding of action," says @USCISCuccinelli.
He says USCIS has no written standards on how to implement the decisions around #MedicalDeferredAction.
Say he'd welcome legislated policy to guide the process.
He says USCIS has no written standards on how to implement the decisions around #MedicalDeferredAction.
Say he'd welcome legislated policy to guide the process.
@USCIS @RepRaskin @RepChipRoy @USCISCuccinelli @iiicenter @ICEgov This point is truly remarkable and so prevalent within #immigration policy broadly -- so much is determined by individual discretion.
"compelling facts and circumstances" are the only guidance provided to USCIS employees when making decisions on #MedicalDeferredAction app's.
"compelling facts and circumstances" are the only guidance provided to USCIS employees when making decisions on #MedicalDeferredAction app's.
@USCIS @RepRaskin @RepChipRoy @USCISCuccinelli @iiicenter @ICEgov .@RepPressley: @USCIS and @ICEgov have refused to id who made the decision to end #MedicalDeferredAction, who made the decision?
@USCISCuccinelli takes responsibility for ending #medicaldeferredaction.
This is the FIRST time we've heard anyone take personal responsibility.
@USCISCuccinelli takes responsibility for ending #medicaldeferredaction.
This is the FIRST time we've heard anyone take personal responsibility.
@USCIS @RepRaskin @RepChipRoy @USCISCuccinelli @iiicenter @ICEgov @RepPressley Pressley pushes Cuccinelli on whether Stephen Miller or @POTUS played a part in this decision to end #MedicalDeferredAction.
"I made this decision, alone," Cuccinelli said.
"I made this decision, alone," Cuccinelli said.
.@USCISCuccinelli said it’s “never, ever been the case” that @USCIS was planning to transfer #MedicalDeferredAction requests to @ICEgov.
In an email from a @USCIS spox on 8/26, I was told:
“Shannon,
Medical deferred action requests are now submitted to ICE for consideration.”
In an email from a @USCIS spox on 8/26, I was told:
“Shannon,
Medical deferred action requests are now submitted to ICE for consideration.”
@USCISCuccinelli @USCIS @ICEgov .@AOC ask Cuccinelli why no public input or notification was provided.
He says that because USCIS was changing a process, which doesn't have a legal or regulatory foundation, it did not require public input before ending #medicaldeferredaction.
He says that because USCIS was changing a process, which doesn't have a legal or regulatory foundation, it did not require public input before ending #medicaldeferredaction.
@USCISCuccinelli @USCIS @ICEgov @AOC Why did you make the decision to end this policy when you have millions of cases to decide -- why prioritize removing "sick children"?
Cuccinelli likens the resources used to process ~1k applications for #MedicalDeferredAction to being able to process ~2k naturalizations.
Cuccinelli likens the resources used to process ~1k applications for #MedicalDeferredAction to being able to process ~2k naturalizations.
@USCISCuccinelli @USCIS @ICEgov @AOC Cuccinelli says the agency receives ~500-700 applications for #MedicalDeferredAction a year -- that includes family members who are trying to stay in the U.S. with critically ill patients.
@USCISCuccinelli @USCIS @ICEgov @AOC .@RepPressley asks Cuccinelli if he wishes he'd done more analysis: "If I had to do it over again..." I would not have applied the end of #MedicalDeferredAction to those who had pending applications.
He says he would have tried to "ease" the information out more.
He says he would have tried to "ease" the information out more.
@USCISCuccinelli @USCIS @ICEgov @AOC @RepPressley He says "it was a mistake" to apply the end of #medicaldeferredaction retroactively.
Pressley: Would you keep the deferred actions in place at USCIS if chosen to head DHS?
Cuccinelli: I don't expect to see any changes no matter who is in leadership.
Pressley: Would you keep the deferred actions in place at USCIS if chosen to head DHS?
Cuccinelli: I don't expect to see any changes no matter who is in leadership.
@USCISCuccinelli @USCIS @ICEgov @AOC @RepPressley .@RepDeSaulnier mentions the limbo many of these families find themselves in, even after the Sep 18 re-opening of the cases.
Cuccinelli notes the work is being done and the cases are being decided, also notes there's been an uptick in applications for #MedicalDeferredAction.
Cuccinelli notes the work is being done and the cases are being decided, also notes there's been an uptick in applications for #MedicalDeferredAction.
@USCISCuccinelli @USCIS @ICEgov @AOC @RepPressley @RepDeSaulnier Cuccinelli says "each review is a fresh review" and also asserts that no one was "targeted" for deportation after the round of denial letters came out in Aug.
@USCISCuccinelli @USCIS @ICEgov @AOC @RepPressley @RepDeSaulnier .@RepRaskin brings up subpoenaed info requested by the subcommittee, including documents that outline decision making process.
Cuccinelli says they're still in litigation.
But, just this a.m., the @ACLU_Mass and others announced a 90 day stay in that litigation.
Cuccinelli says they're still in litigation.
But, just this a.m., the @ACLU_Mass and others announced a 90 day stay in that litigation.
@USCISCuccinelli @USCIS @ICEgov @AOC @RepPressley @RepDeSaulnier @RepRaskin @ACLU_Mass Raskin: when will you be able to comply with the subpoena asking for documentation?
Cuccinelli: "I know we're working to comply... I'd have to revisit with the review team... We'll give you an estimate by the end of the day."
Cuccinelli: "I know we're working to comply... I'd have to revisit with the review team... We'll give you an estimate by the end of the day."
@USCISCuccinelli @USCIS @ICEgov @AOC @RepPressley @RepDeSaulnier @RepRaskin @ACLU_Mass The hearing has concluded.
