Thread by @NicoletteGlazer

F*cking #ImmigrationFriday: Trump issues a Proclamation Suspending the Entry as Nonimmigrants (F & J visa) of certain Students and Researchers from the People's Republic of China and it is absolute shitstrom! whitehouse.gov/presidential-a… via @whitehouse

If you want to see what hastily written document in the basement of the DOJ (or Stephen Miller's house) looks like, well this is it!

Sec 1: entry as a nonimmigrant is suspended 4 PRC national pursuant to an F or J visa to study or conduct research in US, except 4 a student seeking 2 pursue undergrad study, & who either receives funding from or who currently is employed by, studies at, or conducts research ...

.... @ or on behalf of, or has been employed by, studied at, or conducted research at or on behalf of, an entity in the PRC that implements or supports the PRC’s “military-civil fusion strategy”, subject to section 2 of this proclamation.

Head exploding? Uh-uh!

Wondering WTF “military-civil fusion strategy” means? Well it is defined as "actions by or at the behest of the PRC to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance the PRC’s military capabilities."

Sooo, looks like if ppl are coming in as undergrads, they are "business as usual", but that is only for F students. I have never heard of J visa for a undergrad researcher ...

But after regurgitating all legalese, sounds like they told consulates & CBP to dig deep & just find any connection: if P studied @ X or worked @ X, then consular is free -in his/her opinion- to decide there is suspected connection to “military-civil fusion strategy” boom! denied

But it is Section 2 that is just ...

Section 2 starts with: "Section 1 of this proclamation shall not apply to:

(i) any lawful permanent resident of the United States...

Wait What?

We are talking in Sec 1 about F/J visa ... how in the Fuck would a green card holder ever apply 4 an F visa?

Plz splain to me!

Then we have (v): entry OK 4 anyone "who is studying or conducting research in a field involving information that would not contribute to the PRC’s military‑civil fusion strategy, as determined by [Chad], in consultation with the appropriate executive departments & agencies..."

Seriously! I have the image of Zoom meeting between consular officer, reps from "agencies" for each F/J visa or entry to decide if applicant would or would not "contribute" to PRC's military-civil fusion strategy? Madam Vanga would of course be the host & leading the discussion

Sec 3(a): "Persons covered by sec 1 or 2 of this proclamation shall be identified by the Sec of State or the Sec of State’s designee, in his or her sole discretion, pursuant to such standards and procedures as the Sec of State may establish"

unfettered discretion doo-doo-doo

Ready for Sec 3(b)?

"Sec of State shall implement this proclamation as it applies to visas pursuant to such procedures as Sec of State, in consultation with the Sec of DHS, may establish in the Sec of State’s discretion."

Hold you breath!

"DHS Sec, shall implement this proclamation as it applies to the entry of aliens pursuant to such procedures as the Sec of DHS, in consultation with the Sec of State, may establish in the Sec of Homeland Security’s discretion."

Exhale ... and shoot yourself in the foot!

Sec 4: Proclamation will be in effect until Prez terminates it.

Sec 5: Proclamation takes effect at midnite June 1!

Now Sec 6 is just out of this world: "Sec of State shall consider, in the Sec’s discretion, whether nationals of the PRC currently in the US pursuant to F or J visas and who otherwise meet the criteria described in sec 1 [] should have their visas revoked..."

YOU*CANNOT*REVOKE*A*VISA*ONCE*PERSON*IS*ADMITTED*

Then even if somehow they revoke the visa of someone already admitted into the US and IN VALID and UNEXPIRED F/J STATUS, please tell me what the revocation of the visa will do?

Then we have Sec 3(d): "Secretary of State & the Secretary of Homeland Security shall consider issuing updated regulations and guidance, as appropriate, implementing the inadmissibility provisions in section 212(a)(3)(D)"

will be redefining membership in Communist Party!

Well, Happy Friday to you too!

UPDATE: still in the rumor section but ... USCIS is crafting a revised policy to rescind status by placing students/researchers in removal proceedings for status violation based on concealed material facts. Not a chance that could fly!