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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
Dec 8
In every single major immigration raid so far, the MAJORITY of people arrested by DHS officers have no criminal record whatsoever — not even any traffic violations or misdemeanors.

In Washington, DC, it was 84% of all those arrested. In Los Angeles, 57%. In Illinois, 66%. Image
That is simply not true. Not only is being undocumented not a crime, but to have a criminal record requires someone to have been arrested for an offense in the past.
Neither of those offenses are relevant to the question of whether being undocumented is a crime, nor the question of whether a person who may have committed a crime for which they weren't charged can accurately be described as "having a criminal record."
Read 10 tweets
Aaron Reichlin-Melnick Profile picture
Dec 7
This is FALSE. As the Supreme Court spelled out very clearly 125 years ago, “subject to the jurisdiction thereof” refers to three categories of exceptions, two ancient and one uniquely American.

- Children of diplomats
- Children of occupying soldiers
- Native Americans Image
Mr. Wong’s parents were ineligible for citizenship in a way today’s permanent residents are not. And the Court was clear that the 14th Amendment codified the ancient rule of birthright citizenship.

Also, Trump’s EO claims to bar citizenship even for children of ppl here legally.
That is exactly what the excerpt says. Read it again. “The real object of the Fourteenth Amendment … would appear to have been to exclude … (besides children of members of the Indian tribes…), the two classes of cases” recognized in common law.

So yeah; an exclusive list. Image
Read 10 tweets
Aaron Reichlin-Melnick Profile picture
Dec 3
Obviously I have little sympathy for this guy, given his offenses. But I do want to explain why it is that this man was still in the country and not deported under any previous admin, including the first Trump admin.

In short - because for 50+ years, Cuba refused deportations.
Florida's sex offender registry says that Mr. Milian has two convictions relating to a single court case from 1996. So he's been deportable for at least 29 years.

But from 1965 to 2017, Cuba refused to accept any deportations of people who were inside the United States. Period. Image
The result of this diplomatic impasse means that for 50+ years, Cuban noncitizens convicted of a crime in the U.S. and ordered removed were mostly treated like regular American ex-con. After they did their time they'd be transferred to immigration custody and eventually released.
Read 8 tweets
Aaron Reichlin-Melnick Profile picture
Nov 20
THREAD: Judge Ellis is the first federal judge to review extensive body cam video of DHS's actions in Chicago. She finds that DHS *repeatedly* misled the public and made claims that were disproven by agents' own videos.

I'll go through some of the most egregious ones here. Image
On October 28, @DHSGov claimed that days earlier "rioters" had "shot at agents with commercial artillery shell fireworks," thus forcing agents to deploy tear gas and riot munitions.

Judge Ellis reviewed the video. This was completely false. The explosions were DHS's flashbangs! Image
Image
@DHSgov DHS claimed that agents were forced to use riot munitions to disperse an "unruly mob" on Sept. 19.

In fact, "the scene [was] quiet," and then "almost immediately and without warning, agents lob flashbang grenades, tear gas, and pepper balls, stating 'fuck yea!' as they do so." Image
Read 15 tweets
Aaron Reichlin-Melnick Profile picture
Nov 4
Rep. Jayapal is correct -- it is not a crime to be undocumented. Here's the Supreme Court saying as much.

Plus, less than 10% of the undocumented population has a removal order, and would only be chargeable if they had willfully disobeyed it, and many don't know they have one. Image
As for 8 USC 1325, illegal entry applies only to the undocumented population that crossed illegally, meaning visa overstays or people who came via humanitarian parole commit no crime -- and the statute of limitations is 5 years, so most people couldn't even be criminally charged.
Two things can be true at once:

1. It is not a crime to be undocumented, as the Supreme Court itself has noted.
2. A subset of the undocumented population (far less than half) is theoretically criminally chargeable for specific immigration violations.
Read 9 tweets
Aaron Reichlin-Melnick Profile picture
Nov 4
🧵Today a federal judge is looking into horrific conditions inside ICE holding cells in Chicago, which until January were for stays under 12 hours absent exceptional circumstances.

People are now held for days — and ICE uses the threat of longer stays to get deportation orders. Image
The excerpts I'm posting are taken from over a dozen sworn declarations submitted in a lawsuit seeking to force ICE to improve conditions. I'll link to the docket at the end of the thread.

One thing comes through clearly in these declarations: the cells are FILTHY. Image
Multiple immigrants detained at the facility say ICE officer demanded that they sign deportation paperwork, refused to let them talk to lawyers, and threatened them when they wouldn't sign documents in English that they couldn't read.

Here's a representative example. Image
Read 13 tweets

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