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Aaron Reichlin-Melnick Profile picture
@ReichlinMelnick
Jun 30, 2020 • 17 tweets • 9 min read • Read on X
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Some highlights from the Spring Regulatory Agenda, which is now out.

There's now a suggestion that the USCIS fee rules might not come until September, interestingly enough. Not sure I believe that.

reginfo.gov/public/do/eAge… Image
There's a new proposal to formalize some of the extensions to H-2A visas that USCIS has granted due to COVID. reginfo.gov/public/do/eAge… Image
WHOA. For the first time, the Trump administration reveals it's working on a regulation to eliminate the I-601A provisional waiver of unlawful presence. reginfo.gov/public/do/eAge… Image
The Trump administration is also planning to take a hammer to the current U Visa process, revising the "bona fide" determination and "introducing an employment authorization process for bona fide petitions based on a favorable grant of discretion." Yikes. reginfo.gov/public/do/eAge… Image
On the DOJ front, here's what seems like an attempt to limit cancellation of removal for undocumented immigrants even further, by redefining what "continuous physical presence" means.

No clear details, though. reginfo.gov/public/do/eAge… Image
DOJ is also going to propose a new regulation restricting motions to reopen in immigration court.

reginfo.gov/public/do/eAge… Image
WHOA. DOJ wants to propose a regulation implementing one of the "hidden weapons" in the Immigration and Nationality Act that would allow immigration judges to impose civil contempt sanctions.

Could be a double-edged sword, to be sure. Good and bad parts.

reginfo.gov/public/do/eAge… Image
Another new DOJ rule put in the agenda for the first time would redefine what "good cause" means for a continuance—an attempt to insulate AG Sessions and Barr's decisions from judicial review. reginfo.gov/public/do/eAge… Image
Fixing broken thread:

DOJ wants to impose new conditions on the filing of a change of address form in immigration court. That's... worrying.

reginfo.gov/public/do/eAge… Image
DOJ wants to "amend existing regulations to clarify the procedures for filing charging documents and commencing proceedings before the immigration court."

What would this be? New electronic filing procedures? reginfo.gov/public/do/eAge… Image
Moving to the Department of State, here's something (ominous? mundane?) newly published in the regulatory agenda that'll "propose new types or formats of documents the Department would require to establish identity and eligibility for an immigrant visa."

reginfo.gov/public/do/eAge… Image
There's also a new proposal to amend rules around the Summer Work Travel Program for exchange visitors on J visas (of course, all currently blocked anyway). reginfo.gov/public/do/eAge… Image
Here's another J-visa related regulation to clarify that Au Pair program rules preempt state rules. A pretty direct response to a 1st Circuit decision that Massachusetts minimum wage laws aren't preempted, requiring au pairs be paid minimum wage. wbur.org/news/2020/06/2… Image
There's also this rule newly in the Agenda about the "the scope and procedures for a pilot program under which consular officers will require certain individuals applying for ... [B-1/B-2] visas to post a Maintenance of Status and Departure Bond." Yikes. reginfo.gov/public/do/eAge… Image
Here's a planned interim final rule that seems like it's coming soon, which says that "The Department is updating 22 CFR 42.63 to reflect the required documents for immigrant applicants to establish identity and eligibility."

That's pretty ominous. reginfo.gov/public/do/eAge… Image
And that's it, I didn't find any other rules that were listed as never published before in the Unified Agenda.

Lots of indications about what the Trump administration would be doing if they get another term in office. Not a lot great!
Realized I didn't link my tweet about one the most consequential new rules into this thread. So here's IMHO the worst new thing in the Spring Unified Regulatory Agenda.

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More from @ReichlinMelnick

Aaron Reichlin-Melnick Profile picture
Oct 13
This makes NO SENSE. A 13-year-old was arrested by local police for unknown reasons, and then turned over to ICE, which is detaining him far away from his mother — who is going through immigration court, has an asylum application on file, and is legally authorized to work. Image
Important context from @TriciaOhio that I'm posting in the interest of fairness. I do not automatically trust it given that she has made multiple inaccurate claims in the past (including even yesterday). IF true, it would at least provide an explanation.
@TriciaOhio To be clear, absolutely none of that information is included in public reporting on this story and the Everett Police Department did not give any statement to the Boston Globe about the initial arrest. Tricia is the the first person to ever give this info.
Read 12 tweets
Aaron Reichlin-Melnick Profile picture
Oct 10
UPDATE: Judge Perry’s opinion blocking the Texas National Guard deployment in Chicago is out!

She begins with Alexander Hamilton’s rejection of a “preposterous” idea that the Constitution lets a President deploy a State’s militia to a different State for political retribution. Image
Judge Perry spends four pages going over the history of the debates around the Constitution as to the proper relationship of the President to a state militia, especially after overthrowing the British, who had maintained standing armies in the colonies against their wishes. Image
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Image
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The Trump admin says Trump is authorized to deploy the Texas National Guard to Chicago under the specific law below. They say there is:

- (2) a rebellion or danger of a rebellion against the authority of US
- (3) the President is “unable with regular forces to execute the laws.” Image
Read 6 tweets
Aaron Reichlin-Melnick Profile picture
Oct 5
Stephen Miller has now declared this Trump-appointed judge an insurrectionist.

To emphasize, the judge painstakingly examined all the protest happening in Portland before Trump activated the Guard. She noted that there hadn't been any violence at a protest since mid-July. Image
Here's how Judge Immergut summarized the last two and a half months of protests at the ICE facility in Portland; they "generally were limited to fewer than 30 people and were 'largely sedate.'"

Stephen Miller's efforts to claim insurrection in this decision is pure propaganda. Image
Here are the FOUR incidents the Trump admin said justified federalizing the Guard.

- Some protesters displayed a makeshift guillotine.
- A picture of an unmarked ICE vehicle was posted online.
- Protesters twice shined high-power flashlights at ICE officers' faces.

That's it. Image
Read 12 tweets
Aaron Reichlin-Melnick Profile picture
Oct 2
In this raid, they dragged naked children out of their homes and put them into U-Haul vans. And now they're bragging about it.

U.S. citizens had their doors smashed down and were forced into handcuffs and held outside for hours. Senior citizens held outside, their homes trashed. Image
Story here: chicago.suntimes.com/immigration/20…
It was 37 people in the raid highlighted in the video posted by @DHSGov. The 900 number is for the entire Chicago operation over the last couple weeks.
Read 4 tweets
Aaron Reichlin-Melnick Profile picture
Oct 2
This is FALSE. The first thing Vance describes is Emergency Medicaid — not a "Biden" program, from 1986, and not eliminated in the OBBBA.

The second is Cuban/Haitian Entrant Assistance from 1980 (also not Biden-era), and was EXCLUDED from the OBBBA Medicaid cuts (see highlight)! Image
Provide a single piece of evidence that anything I posted above is wrong. One.

Am I lying that Emergency Medicaid (1986) and Cuban/Haitian Entrant Assistance (1980) are not "Biden-era"? Am I making it up that the OBBBA doesn't eliminate either?
So in response to my entirely correct statement that Vance is not telling the truth (in multiple respects) about what the Democrats are demanding in the shutdown, you bring up a completely unrelated issue that is not impacted by the shutdown debate at all?
Read 5 tweets
Aaron Reichlin-Melnick Profile picture
Oct 2
🚨A dangerous moment for America. If the normal police ever pulled something like this — pulling every single person out of an apartment building and handcuffing them to run checks — they would be sued into oblivion. It's beyond unconstitutional. Yet DHS is laughing about it!
🚨What @DHSGov pulled in Chicago on Tuesday is insanely unconstitutional. They raided an apartment building, smashed down every door and dragged entire families into the street, and detained everyone for hours ("Kavanaugh stops").

One U.S. citizen was held for FIVE HOURS. Image
@DHSgov 🚨Another U.S. citizen, a senior citizen, had his door smashed in and was dragged out of his apartment in zip ties. He was detained for THREE HOURS. No one at ICE or DHS ever showed him a warrant for anything. Image
Read 5 tweets

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