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Nicolette Glazer

@NicoletteGlazer

Jun 23

https://twitter.com/NicoletteGlazer/status/1937270146231619829

The practical implications of SCOTUS decision to allow people subject to a final order of removal to be deported to any country without any process -- other than a day notice and zero judicial oversight -- is so astonishing that it is difficult to comprehend they allowed it.

https://twitter.com/NicoletteGlazer/status/1937270146231619829

For one, this decision renders both withholding of removal and CAT relief for all practical purposes useless.

Even if a non-citizen can meet the demanding burden of proof, all that a grant does is prevent the removal to the country or countries specifically prohibited in the order. The way the Trump Admin envisions it, for the next 3.5 years, those granted withholding or CAT just limit so very slightly the universe of places where they can be sent. For example, if one can convince an IJ that they would be persecuted or tortured in country X, all that means is that the person cannot be sent to country X but can be sent on 15 minutes' notice to 194 other countries in the world agreeing to take them.

Both forms of relief are mandatory for a reason!!!

But now all that getting such protection means is that someone meeting the definition of 'refugee' who missed the 1-year deadline or has a preclusive conviction can be arrested, detained, and sent to a country that has agreed to get paid by the US government to take in ppl. There is zero protection that when impoverished or war torn countries in Africa and Asia agree to take in US deportees those countries would provide any rights or protection. They can be sent there and imprisoned indefinitely; or sent to the country from which they have protection under US law. This is nothing short of a new form of government-sponsored slave trade.

Read 9 tweets

Nicolette Glazer

@NicoletteGlazer

Mar 12

So, here are some interesting tidbits from today's hearing in the Mahmoud Khalil case, courtesy of .@innercitypress- the best court coverage reporter in the biz by far!

The small Good news first: the docket will be made public! Huray for 1st amendment right to access to court records!

The not so good news -- a 🧵

As I said before, this is an immigration habeas corpus petition and those are very squirrely.

This is not a deportation case and the judge cannot and has not blocked Mr. Khalil's deportation on the merit -- the judge blocked his removal temporarily only to preserve jurisdictional issues. He really does not need to do so, because Mr. Khalil is a LPR and until there is a final order of removal, he remains so and cannot be removed.

According to the reporting, the AUSA represented that Mr. Khalil has been served with a Notice to Appear (NTA) that initiated removal proceedings against him in Jena where he is currently detained by ICE. Meaning, he was served with the formal "charging" document that sets forth the facts [very, very abbreviated] in support of his removal proceedings and the INA provisions invoked to strip him of his green card. Let me say this -- unless his attorneys manage to get him transferred back to NYC or somehow get him released -- his removal proceedings will be conducted in Jena and under 5th Cir law. Having had the misfortune to do many cases in the shithole that is la Salle IC, I would not want this case there. It could be worse but ... just sayin'

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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

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