Thread by @doug_rand

Trump's new immigration order, annotated…

1st, the claim that immigrants take jobs from minorities & disabled people—forever debunked, yet deathless.

I believe the audience here isn't vulnerable communities, it's the base. So they can feel virtuous.
1/
whitehouse.gov/presidential-a…

Let me translate this section:

"Hey, US citizen exercising your right to sponsor your relative for permanent residency & ultimately citizenship! Where you see your mom, dad, kid, or sib, we see a job-stealing moocher who's not fit to join US society."

2/

Here's the key section for upcoming lawsuits:

Once again, Trump invokes the president's authority under INA 212(f)—same as with prior attempts to ban nationals of Muslim-majority countries, asylum-seekers, & even people without health insurance.

3/

Chief Justice Roberts said this section of the U.S. Code "exudes deference to the President in every clause."

First: Gross.

Second: That was in the context of a national security justification, however flimsy. The new order makes vague economic arguments—harder to defend.

4/

Here's the proclamation's operative clause.

"Immigrants" means lawful permanent residents (green card holders)—temporary visas are not subject to this ban.

Only "entry" is suspended—that means gov't agencies will still accept & process new applications. Approvals may stall.
5/

Only "entry" is banned, so there's no change to applying for a green card *from within the US* ("adjustment of status").

This part basically means that if you're applying *from abroad* & your green card ("immigrant visa") is approved after today, you nevertheless can't enter.
6/

The entry ban does *not* apply to:

i. People who already have a green card

ii. People coming to the US to fight #COVID19

iii. Green cards for EB-5 "immigrant investors" (more on this next)

iv. Spouses of US citizens

v. Children (<21) of US citizens

[cont'd]
7/

Super-classy that out of all the employment-based green card categories, the White House exempted only the one that Jared Kushner's family is using for personal gain.

8/
businessinsider.com/sec-launches-p…

More exemptions:

vi. If the US gov't needs you for law enforcement (eg to testify in a trial)

vii. Active-duty military families (but not veterans!)

viii. Afghans & Iraqis who helped the US gov't

ix. Catch-all in case the gov't wants to make a special exemption

9/

Footnote: I highly doubt that this administration intends to regularly exempt EB-2 immigrants under "National Interest Waivers"; the proclamation's reference to "national interest" in Sec. 2(b)(ix) probably isn't meaningful.

10/

Unlike the Muslim ban, there's not even the figleaf of a waiver process before a consular officer.

11/

Way to roll out the welcome mat for doctors, nurses, & researchers who still want to come to the US to help fight #COVID19 and save lives.

12/

Nothing in *this* proclamation seals off the US from asylum-seekers & refugees in contravention of US & international law.

Because that's already been inflicted through prior executive actions.

13/

This is the clause that tricks some headline writers into saying "Temporary pause not as big a deal as originally feared!", as if there's a snowball's chance in hell that Trump will let this proclamation expire as long as he's in office.

14/

Translation: This week, the White House faction that listens to business interests prevailed over the faction that wants to grind #H1B visas into dust.

But the second faction lives to fight for another 30 days at least, and wants you to know it.

15/

I hope you've enjoyed this tour of Trump's latest #immigration ban.

I certainly haven't!

For more on how this proclamation is designed to slash immigration by 33% and favor immigrants from Western Europe, see:

16/16
boundless.com/blog/trump-imm…