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Nicolette Glazer

@NicoletteGlazer

Jan 18

The dreaded #immigrationFriday is upon us again: the 5th Circuit again found the DACA program unlawful but limited the injunctive relief to Texas and stayed the ruling pending cert review. It is an awful ending of a
good program that should had long ago been replaced by a Congressional Act providing a path to citizenship for Dreamers. A depressing thread ...

here is a link to decision: ca5.uscourts.gov/opinions/pub/2…

The decision is by Judge Smith so of course the standing issue was dealt quicky (he issued the DAPA decision). Basically the standing decision goes like this:

1. We found standing in DACA I;
2. We don't want to change the result so you lose again
3. SCOTUS hasn't told us we are wrong about that DACA I -- so go pound sand.

Read 10 tweets

Nicolette Glazer

@NicoletteGlazer

Jan 16

Hah! I missed this one: Bernie Sanders has introduced an #H1B Amendment to the Laken Riley Act, which

* eliminates the concept of "prevailing wage" and replaces it with "the higher of the median local wage level or the actual wage of similarly employed
workers". (More on that later in the thread)

* introduces the concept of "employer at common law" which is going after the outsourcing model in H1B and if passed, would pretty much end it.

* mandates more rigorous lay-off certifications from both the petitioning employer and the "employer at common law", i.e. the H1B chop shops

* if a petitioning employer or the chop shop is required by law to provide a notice of a mass layoff and has H1B on payroll "the status of such nonimmigrants shall
expire on the date that is 120 days after the date on which such notice is provided."

* expands the grace period from 60 days to 120 days for a laid-off H-1B to switch employers

* codifies stateside visa processing.

Here is the link to the full amendment: congress.gov/amendment/119t…

Also it raises the $1500 filing fee to $3000 and half of the collection would be to a fund for STEM scholarships

Read 4 tweets

Nicolette Glazer

@NicoletteGlazer

Dec 28, 2024

The whole H1B MAGA "civil war" as the @thehill called it, is fake as hell and it "erupted" because of xenophobia and racism & coz certain people do not want to address the real issue about "legal" immigration: It has nothing to do with the inability to get and retain the 0.01% of any profession!

The conversation should not be about H1B visas (this should have been reformed line a decade ago to remove the caps). It is and should be about REMOVING the COUNTRY CAPS preventing talented and hard-working people from getting their green cards and having the certainty and security they need to help America prosper.

Another H1B 🧵no one needs but heck, I'll do it.

If you want to read another useless and disingenuous article here it is: thehill.com/homenews/house…

Musk's whole message about desperately needing #H1B to keep geniuses like him and prominent Tech entrepreneurs is total BS. H1B is not and has never been about the top anything.

H1B is a non-immigrant visa program that is open to both entry-level and experienced non-citizens by Congressional design. All that you need is

* good faith job offer in a specialty occupation (which is defined as involving theoretical and practical application of a body of highly specialized knowledge (yeah I know!)

and

* a bachelor's or higher degree in the specific specialty (or its equivalent) actually required as a minimum for entry into the occupation in the United States.

*** OR be a fashion model of distinguished merit and ability.

So this is how both Musk and Melania got their foot in and on their way to green cards and later US Citizenship.

Read 8 tweets

Nicolette Glazer

@NicoletteGlazer

Dec 24, 2024

BREAKING AND HORRIBLE IMMIGRATION LEGAL NEWS:

Biden Admin and Class counsel in the long-running Roman case (Adelanto COVID-19 closure and intake restriction order) have reached a settlement, subject to Court's approval, to lift the intake order (meaning the largest for-profit immigration detention facility [~2000 beds] will reopen) with pretty meaningless concessions from Def & Geo in the form of continuing COVID-19 compliance and protections from re-arrest to class members and over $2Mil in attorney fees.

Well F*ck, what can I say, Biden Admin and DOJ are rolling the red carpet for Trump's deportation machine.

This case started in April 2020 and Judge H ordered the release of most people who were trapped in this hell hole at the start of the pandemic via this class action and many individual habes that were consolidated w it.

Most ppl were released and ultimately Judge H set a maximum capacity for Adelanto at <500.

For the last year it has operated at holding 3 yes THREE non-citizens but of course Geo received its guaranteed minimum of $200 per day per head in the liquidated numbers provision of the contract.

Full disclosure: have not gone in depth in the terms of the settlement agreement so this summary is preliminary and very glib ... but heck here we go:

Read 10 tweets

Nicolette Glazer

@NicoletteGlazer

Nov 6, 2024

America has handed Trump a dark mandate on immigration; there is no way to escape the conclusion.

If you are a non-citizen without a green card in hand and are still thinking there are sunny days ahead, well, think again!

Buckle up, it will be a depressing 🧵

I'll try to cover 3 things the way I see it:

A. the real-life immediate impact to admissions, adjudications, and removal proceedings that will start to trickle down on day one of Trump 2.0

B. the likely long-term efforts to bring to life his campaign promises

C. what undocumented people, and especially mixed status families and people in removal proceedings, could do to protect their rights under the INA (for as long as they are on the books)

Nothing in this thread is intended or constitutes legal advice. These are my musings and way to blow off steam this morning.

A.1 I expect that immigration will be a big thing with the "day ONE" crowd and narrative over the next few months and in reality. Here is my list of what I expect Trump and Stephen Miller will do through executive orders and proclamations immediately:

* Trump will issue a 'to-do' executive order to all immigration agencies to review, revisit, and adjust all internal rules, practices, manuals, and regulations to fit their priorities which will be (1) halt immigrant visa processing; (2) halt grant of asylum and parole grants; (3) tighten adjudication standards for all applications for relief; (4) suspend all entries for a period of time (travel bans); (5) set removal priorities.

* Trump will cancel and terminate all of Biden's "legal pathways", including CHNV, CBPOne, POE daily entries.

Read 33 tweets

Nicolette Glazer

@NicoletteGlazer

Oct 15, 2024

UPDATE on the #PIP (keeping families together parole program): Judge is doing his own research (or his clerk is doing a global search for "parole" in statutory text, I should say) and just issued an order inviting the parties to address "the effect" of 6 U.S.C. § 202(4)’s reference to parole as a “form[] of permission . . . to enter the United States”....

storage.courtlistener.com/recap/gov.usco…

This is noteworthy for two reasons:
1. the parties have not yet filed their dispositive papers & arguments (due Friday the 18th) .... But considering the short schedule he set, not surprising he is trying to educate himself on the matter.
2. depending on what he focuses on in this text, it may be an indication of where he is going. On one hand, this is an unambiguous grant of gap-filling authority to DHS Sec to promulgate rules and regulations regarding parole. But what he more likely will focus on is that it refers to and bundles parole with visas & and other permissions "to enter". Remember, TX is arguing that nothing in INA allows parole in place i.e. for ppl who are already here and have effected an "entry".

As i said before, the decision will be all about the text of 212(d)(5) and 245(a), thus an exercise of textualism at its worst.

Read 4 tweets

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