Thread by @doug_rand

Time for a special summer edition of the (nominally) Spring 2020 Unified Regulatory Agenda.

Wherein the Trump administration previews what it really wants to bear down on during its final guaranteed months in office, including immigration policy...

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reginfo.gov/public/do/eAge…

First, a quick primer:

"Proposed rules" haven't even left the starting gate. There is precious little time to get them published, collect public comments, & implement a final rule before Jan 2021.

It's possible, but they're going to have to triage.

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boundless.com/blog/how-long-…

If a "final rule" is published by Jan 2021, & a Biden admin takes over, then either:

a) Congress can nullify the rule using the Congressional Review Act (not happening if Rs hold the Senate)

b) Biden admin must do a whole 'nother rulemaking process to rescind a Trump rule

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Of course, if Trump wins a 2nd term, his admin will have plenty of time to do everything on this regulatory agenda and more.

But they know that's not guaranteed, so they're going to move as fast as they can to lock in as much as they can this year.

Let's have a look…
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New in this agenda: Now we know that "Security Bars & Processing" means a new "public health" rationale for denying asylum or withholding of removal protections.

This proposed rule was just cleared by OIRA & could be published any day now.

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reginfo.gov/public/do/eAge…

This is on top of two other previously-known proposed rules to make "credible fear" interviews harder for asylum-seekers to pass:
reginfo.gov/public/do/eAge…

…plus applying a heightened "Serious Nonpolitical Crime Bar" against asylum seekers:
reginfo.gov/public/do/eAge…

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The proposed rule on credible fear is especially sweeping and ghastly.

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cnn.com/2020/06/10/pol…

Interim Final Rules blocking asylum-seekers who didn't apply for asylum in other countries en route to the US:
reginfo.gov/public/do/eAge…

Plus so-called "Safe Third-Country Agreements":
reginfo.gov/public/do/eAge…

Both enacted last year followed by a sham public comment period.

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These are just the rules on asylum *at USCIS,* not to mention the CDC rule that has effectively sealed the border against asylum-seekers, based on legally dubious public health grounds.

via @camiloreports:
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cbsnews.com/news/federal-j…

So what else is new in this regulatory agenda, just at USCIS?

Making it harder for victims of domestic abuse & other crimes who cooperate with law enforcement to get a U visa:
reginfo.gov/public/do/eAge…

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U visas are hard enough to get as it is, despite the clear benefits for law enforcement & basic safety for victims of horrible crimes (take your pick).

You'd have to be deeply sick & twisted to want to make it even harder.

See @lauracmorel @reveal:
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pri.org/stories/2019-1…

Also new: Undermining "provisional unlawful presence waivers," which allow undocumented spouses & children of US citizens & permanent residents to apply for green cards in cases of "extreme hardship" (e.g. a really sick spouse or parent).

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reginfo.gov/public/do/eAge…

And also new: Making it more difficult for US farmers to employ seasonal agricultural workers.

Just kidding! I meant easier.

Surprised?
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reginfo.gov/public/do/eAge…

Don't be, explains @JulieWeise—US farmers always get what they want on immigration policy. It was ever thus.

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washingtonpost.com/outlook/2020/0…

Other proposed rules USCIS wants to focus on:

Overhauling H-1B visas so you have to earn a top salary to get one. This would be the other shoe to drop after last week's visa ban.

Curiously, the agenda says to expect this in Dec 2020—seems pokey.
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reginfo.gov/public/do/eAge…

Eliminating new work permits for spouses of H-1B workers who already have an approved green card petition (known as H-4 EADs).

Target for proposed rule is Sept 2020—seems too late for a guaranteed final rule by Jan 2021.

cc @SaveH4EADs
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reginfo.gov/public/do/eAge…

Messing with the accrual of unlawful presence, no doubt to bar more people from the United States for longer:
reginfo.gov/public/do/eAge…

Some tweaks to biometrics:
reginfo.gov/public/do/eAge…
reginfo.gov/public/do/eAge…

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Scaring US citizens from sponsoring their relatives for a green card by changing the "Affidavit of Support" (essentially a contract with the gov't guaranteeing that the new immigrant won't be impoverished).

Goes w/ a planned change to the form itself.
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reginfo.gov/public/do/eAge…

More *final* rules on the docket:

Special Immigrant Juveniles:
reginfo.gov/public/do/eAge…

Eliminating the International Entrepreneur Rule:
reginfo.gov/public/do/eAge…

And the big one: Jacking up USCIS fees across the board:
reginfo.gov/public/do/eAge…

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See this @chooseboundless report for a sense of just how dramatic these fee hikes will be (unless blocked in court or delayed/modified by Congress):

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boundless.com/research/uscis…

And there are so many other asylum regs that I didn't even mention yet:

reginfo.gov/public/do/eAge…
reginfo.gov/public/do/eAge…
reginfo.gov/public/do/eAge…
reginfo.gov/public/do/eAge…
reginfo.gov/public/do/eAge…

It's almost like there's someone at the White House obsessed with asylum-seekers.

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Okay, that's *just USCIS.* There's no way they can get all of this rulemaking done in the next 6 months, but the politicals are going to flog their staff all day every day to come close.

Assuming their staff isn't all furloughed.

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rollcall.com/2020/06/26/usc…

Now let's turn to ICE, which (among other rather different things), is in charge of most student visas.

The big proposed reg to watch is Optional Practical Training (OPT), the on-the-job training program for int'l students rumored to be at risk.

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reginfo.gov/public/do/eAge…

Less of an existential threat for US companies & universities, but still serious: Shrinking the authorized period of stay for int'l students & thereby increasing the odds they'll make an innocent mistake & have to leave.

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reginfo.gov/public/do/eAge…

Still on the agenda is a proposed new Visa Security Program fee:
reginfo.gov/public/do/eAge…

And a final rule tightening up requirements for immigration bond companies:
reginfo.gov/public/do/eAge…

But that's not all...

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New in this agenda: Proposals to raise int'l student fees for the 2nd time in 2 years:
reginfo.gov/public/do/eAge…

...and to impose a new fee on people seeking to delay their deportation:
reginfo.gov/public/do/eAge…

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Most concerning? New proposed rule to "ensure the assessment & collection of all fines & penalties that DHS is authorized under the law to assess & collect from aliens unlawfully present in the US & from those who facilitate their presence in the US."
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reginfo.gov/public/do/eAge…

That was our brief tour of DHS (USCIS + ICE).

Now onward to the State Dept, which controls the fate of those trying to get into the United States with a visa.

Here's the full updated regulatory agenda for @StateDept:
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reginfo.gov/public/do/eAge…

There's a new proposed rule that might increase the documentation burden on applicants for an immigrant visa (i.e. green card seekers living abroad):
reginfo.gov/public/do/eAge…

And a new proposed reg on passports for minors that might be harmless:
reginfo.gov/public/do/eAge…

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Notable proposed rules that were already in the works at State:

Making it harder to go on a temporary business visit to the US:
reginfo.gov/public/do/eAge…

Tightening up visitor visas in general:
reginfo.gov/public/do/eAge…

Adoption agency accreditation:
reginfo.gov/public/do/eAge…
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Having "temporarily" blocked many types of J-1 visas in last week's new ban, the administration has some new regulatory changes in store.

Changing certification authority for foreign doctors via interim final rule?
reginfo.gov/public/do/eAge…

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New restrictions on the summer work travel visa:
reginfo.gov/public/do/eAge…

Preempting state & local laws affecting the au pair visa program:
reginfo.gov/public/do/eAge…

Plus lots of other J visa regulations that were already in the works (too many to list here).

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State has some new plans to issue final rules that sidestep the notice-&-comment process.

Making some tourists & business travelers post a "Maintenance of Status and Departure Bond":
reginfo.gov/public/do/eAge…

Yet more visa documentation requirements:
reginfo.gov/public/do/eAge…

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This has the makings of a midnight mess: Assembling all of @StateDept's subregulatory guidance & perhaps getting rid of anything this administration doesn't like just before it departs:
reginfo.gov/public/do/eAge…

Set in motion by this Executive Order:
federalregister.gov/documents/2019…

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Although Trump has "temporarily" banned immigrants who win the Diversity Visa lottery, this interim final rule messing with passport requirements is still on the books, and subject to ongoing litigation by @AfricansUS:
reginfo.gov/public/do/eAge…

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And of course there's the dreadful #PublicCharge rule. @DHSgov & @StateDept issued their two versions at the same time, and now @StateDept wants to make "technical corrections to align with current Department processes"?

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reginfo.gov/public/do/eAge…

A bigger deal is the DOJ #PublicCharge proposed rule, which hasn't been published yet but is lurking at OMB awaiting review.

This is a ticking time bomb designed to make millions of *lawful permanent residents* afraid of deportation.

via @yjtorbati:
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reuters.com/article/us-usa…

Here's the full list of @DOJ_EOIR regulatory plans in the updated agenda. It's long & filled with animus toward people seeking asylum and/or challenging removal orders.

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reginfo.gov/public/do/eAge…

I don't *think* I see any immigration-related bombshells in the Labor Dept list, but if you look carefully you'll see plans to regulate [checks notes] carnies?

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reginfo.gov/public/do/eAge…

Meanwhile, several past regulatory proposals have vanished from the new agenda—perhaps delayed indefinitely?

*Ending "concurrent filing" (boring but very bad)
*Mandating online applications at USCIS
*Civil surgeon restrictions
*Parole eligibility
*L-1 visa eligibility

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Bottom line: Team Trump will have to triage its regulatory ambitions over the next 6 months. Likely priorities?

*USCIS fee hike
*H-1B
*H-4 EAD
*Affidavit of support
*Asylum constraints
*U visas
*Unlawful presence waivers
*OPT
*DOJ #PublicCharge

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boundless.com/blog/how-long-…

I can't believe you made it this far.

I can't believe *I* made it this far.

This is not my favorite biannual tradition.

Let's end on a high note with this 10-year @NASA time lapse video of the sun that's winning the internet right now:

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nasa.gov/feature/goddar…