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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
Jul 7
NEW: the Trump admin has moved to terminate TPS for Honduras and Nicaragua, covering over 50,000 people

Both of these designations date back to 1999, meaning Trump wants to strip legal status from people who have had a background check every 18 months for the last 26 years. Image
That is not how ANYTHING works. You cannot just apply to become a citizen! There is no “line” that people can get in.

To learn the basics of the US immigration system, check out our fact sheet: americanimmigrationcouncil.org/fact-sheet/how… x.com/ldsanty/status…
That is not how TPS works. No one enters on TPS. As a status it is ONLY available for people who are already inside the United States at the time the designation happens.

To learn the basics of Temporary Protected Status, check out our fact sheet: americanimmigrationcouncil.org/fact-sheet/tem… x.com/julindalace/st…
Read 14 tweets
Aaron Reichlin-Melnick Profile picture
Jul 3
With this vote, Congress makes ICE the highest-funded federal law enforcement agency in history, with more money per year at its disposal over the next four years than the budgets of the FBI, DEA, ATF, US Marshals, and Bureau of Prisons combined.
Here is the funding for immigration enforcement in the bill, to be spent through September 30, 2029.

- $74.9 billion for ICE detention and removal
- $65.6 billion for CBP infrastructure, hiring, tech
- $10 billion DHS slush fund
- $3.5 billion for state enforcement

And more! Image
Read more about what's in the bill that just passed in our explainer. We estimate that ICE could increase detention capacity to at least 116,000 beds, including over 40,000 detention beds in tent camps — which we believe is a conservative estimate. americanimmigrationcouncil.org/fact-sheet/hou…
Read 6 tweets
Aaron Reichlin-Melnick Profile picture
Jul 1
Literal cages. Not even metaphorical ones. Literal ones.
For those curious, those white things hanging from the ceiling are ventilation and air conditioning (which is seemingly not turned on where the picture was taken). If you count from the foreground, you can see one actively in use 7 down; it's inflated. Air comes out of the holes.
Seen some questions about where bathrooms are. Hard to say.

When I visited a CBP facility in Tucson that was built off of a similar model, there was a modified port-a-potty in the back of each cell and more bathrooms/showers outside of the cells.
Read 35 tweets
Aaron Reichlin-Melnick Profile picture
Jun 28
If the bill passes, it could make ICE the nation’s largest jailer, with more funding for detention than the entire federal Bureau of Prisons. It would give ICE enough money to have more officers on board than the entire FBI.

This alone could transform American society forever.
If the GOP reconciliation bill passes, ICE gets through FY2029:

- $45 billion for detention, on top of the current annual budget of $3.4 billion
- $14.4 billion for transportation and removal, on top of the current annual budget of $750 million
- $8 billion for hiring
- And more
Read more about what’s in the reconciliation bill here. Note that our analysis has not yet been fully updated with changes made in the Senate bill.

Should it pass the Senate, we’ll be updating this ASAP Monday. americanimmigrationcouncil.org/sites/default/…
Read 4 tweets
Aaron Reichlin-Melnick Profile picture
Jun 24
NEW: Erez Reuveni, the DOJ lawyer fired for his honesty in the Kilmar Abrego Garcia case, tells Congress that Emil Bove suggested the DOJ respond to any court orders blocking the CECOT deportations with "fuck you."

He also says DOJ lawyer Drew Ensign lied to Judge Boasberg. Bove then made a remark concerning the possibility that a court order would enjoin those removals before they could be effectuated. Bove stated that DOJ would need to consider telling the courts "fuck you” and ignore any such court order. Mr. Reuveni perceived that others in the room looked stunned, and he observed awkward, nervous glances among people in the room. Silence overtook the room. Mr. Reuveni and others were quickly ushered out of the room. Notwithstanding Bove's directive, Mr. Reuveni left the meeting understanding that DOJ would tell DHS to follow all court orders.21 - Mr....
Reuveni accuses Drew Ensign, the DOJ lawyer appearing for the Trump admin in the Alien Enemies Act case, of lying to Judge Boasberg on March 15 when he said he didn't know planes were taking off.

He says Ensign was at a meeting the day before when the flight were planned! Image
Reuveni says that on March 15 he was emailing DHS updates telling them that Judge Boasberg was ordering DHS to halt the flights.

His supervisor, August Flentje, noted Bove's "fuck you" line and joked Reuveni might be fired for telling DHS not to violate the order. Image
Read 14 tweets
Aaron Reichlin-Melnick Profile picture
Jun 23
DISASTROUS. This means they will send people to horrific situations with no due process — in direct violation of promises the Solicitor General made to the Court in previous cases.

This greenlights sending people to be enslaved in Libya or tortured in any random foreign country.
Today the GOP justices on the Supreme Court endorsed migrants being sold into slavery.

They'll claim otherwise, but that's the reality — today's decision permits Trump to send people from countries around the world to any global hellhole that accepts a U.S. financial incentive. Image
Sotomayor's dissent is scathing. She accuses her colleagues of a gross abuse of discretion, saying they "interven[ed] to grant the Government emergency relief from an order it has repeatedly defied."

She's right. The 6-justice majority is effectively endorsing contempt of court. Image
Read 14 tweets

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