Thread by @ReichlinMelnick

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…

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…

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…

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…

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…

DOJ is also going to propose a new regulation restricting motions to reopen in immigration court.

reginfo.gov/public/do/eAge…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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.

https://twitter.com/ReichlinMelnick/status/1278029253456596993