Thread by @NicoletteGlazer

So House Democrats unveil HEROES Act and it contains some interesting but extremely disappointing (as to approach) immigration related provisions:

Here is my take:

1/ for non-citizens who were lawfully present in the US on 1/26 their AOS, COS, appl to extend status or work permit will be considered timely filed if due date was on/after 1st day from start & 90 days of termination of COVID19 public health emergency & is filed w/60 of due date

2/ such grace time for filing is only applicable to ppl who were "lawfully present". To me it appears to be only applicable to non-immigrants, immigrants, and those granted lawful status such as parole, asylum etc.

3/ It provides protection for departure delay & accumulation of unlawful presence: if lawfully present on January 26, then time during COVID19 health emergency +90 days will not be considered to be unlawfully present.

4/It provides an extremely awkward & idiotic provis attempting to provide relief to DACA & TPS recipients:
"W respect to any alien whose immigr status, EAD, or other authorized period of stay has expired or will expire during the [COVID-19 emergency +90 days] during the 1-year...

5/...period beginning on the date of the enactment
of this title, or during both such periods, the Secretary of DHS shall automatically extend such status, authorization, or period of stay until the date that is 90 days after the last day of whichever of such periods ends later"

6/ It then provides an exception for DACA & TPS bene: the extension shall be "not less than the period for which deferred action or temporary protected status was originally
granted by the Secretary of Homeland Security."

7/ to extent this was Dem's effort to restore DACA it is a fail. To the extent it was meant to simply freeze time & add another 18 mos/24mos, it is completely mediocre relief & is only 4 those who held the status, leaving countless eligible ppl out coz USCIS revok, denials, etc.

8/ extends expired or expiring immigrant visas for 90 days after the end of the [COVID-19 emergency] period.

9/ Allocates back unused visa numbers for Family, EB, and diversity visas for FY 2021 and 2022.

10/ extends voluntary departure periods until a date that is 90 days after the designated by the Act [emergency COVID19 period]

11 All the extensions are calculated based on period which is defined as follows:
Start: day 1 of COVID emergency [3/13/2020]

End: 90 days after the date on which such public health emergency terminates.

12/ Directs DHS to issue regulations allowing for remote naturalization ceremonies or remote option to take the oath of allegience.

13/ creates a new special Deferred Action for Essential Critical Infrastructure Workers which available to

A. ppl present on the date of enactment

B. who are inadmissible/deportable

C. engaged in essential critical infrastructure labor or services per 4/17/20 DHS amended memo

14/ It is an attempt to make undocumented essential workers who were already in those field to remain available to their employer but then it states:
-- time covered will be deemed DA & employment authorized but
-- DHS can't require application/interviews. WTF?

15/ If no application/interview then NO EAD so pronouncing such employees in deferred action appears to create a shadow labor force so that ppl will be chained to production lines, exploited, and can't even get a DLs or show proof of status. Maybe I am misreading it, but f8ck!

16/ provides for expedited processing of IV and applications by healthcare providers related to COVID19 but does not change any of the substantive or procedural requirements in place.

17/ provides 4 expedited processing of visa/petitions for those who are to practice medicine, provide healthcare, engage in medical research, or participate in a graduate
medical education or training program involving the diagnosis, treatment, or prevention of COVID–19 ....

18/ And set some firm deadlines for processing and notice of decisions but only for the healthcare/research applicants.

19/ Allows for H1B to be issued to physicians and makes some minor accommodations in H1B and J-1 physicians situations.

20/ Then we have the WTF O-visa provision: O visa/status holders "seeking an extension of such status, is authorized to accept new employment under the terms and conditions described in section 214(n) of such Act (8 U.S.C. 1184(n))." So, I suppose this is bone thrown to Hollywood

21/ Provides for portability & deployment to new employers w EAD for non-immigrant healthcare providers & creates a special path to green card for COVID-19 heath workers if

22/ ...
A. engaged in practice of medicine, provision of healthcare services, or medical research involving the diagnosis, treatment, or prevention of COVID–19 disease

and

B. held & maintained non-immigrant status during emergency proclamation period.

For all the Dems talk about protecting DREAMers and DACA bene who are working on the frontlines, they left them out from even being considered for this special immigrant status. Now, this is their own bill, meaning their wish-list. That says a lot. Total loser.

Back to HEROES Act!

23/ On release from detention: "DHS shall review [A] files of all individuals in [ICE custody] 2 assess need for continued detention[&] shall prioritize 4 release individ who are not subject to mandatory detention, unless individ is a threat to public safety or national security"

24/ Earth to Dems: during a pandemic medical release shall never be tied to 236c!!! But it is even more striking how they worded: it is basically indistinguishable from the garbage that passes as the Trump Admin position! I can't

25/ Oh but there is more! Only during the special COVID19 emergency period ICE is REQUIRED to provide to ppl in detention "sufficient soap, hand sanitizer, and other hygiene products". NOOOOO! providing soap to ppl held in civil immigration detention is not something that expire

26/ Nor can we revert to business as usual 90 days after the Presidental Emergency is lifted!!!

If anyone had grand expectations that Democrats will ever re-write the immigration laws to reflect the realities of today's world challenges, well put it to rest!

27/ I did not read the other 1800 pages of the HEROES Act and maybe it is really, really god but the immigration provisions gets a solid "F+" from me.

28/ for your reading pleasure ...
docs.house.gov/billsthisweek/…

29/IMPORTANT: this is just a bill! It has not been enacted into law and there is NO APPLICATION or relief for which ppl can apply for.

***
if anyone is offering to "help" you apply for 'essential worker status' or 'HEROES status' IT IS A SCAM!
#stopnotariofraud