A HORRID UPDATE on the #Adelanto COVID19 outbreak: 6 detainees have been hospitalized for #COVID19 complications so far out of the reported 38 positive cases. Entire Housing 5 unit is on lock down. Chaos is unreal.
All six refused to leave their housing unit and remain with the 33 who tested positive.
This is just awful.
since 14 September when the outbreak "officially" began GEO has NOT tested any of its staff. I was just told that medical personnel were also not tested, then it changed that "some have been tested".
If you work for Wellpath in Adelanto, my DM are open!
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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.
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.
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:
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.
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”....
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.
Not that it is a surprise but we have the first (that I know) **official** statement from Trump that he will revoke the paroles granted under the various Biden Admin parole initiatives, including CBPOne & CHNV, and the standard 212d5 granted by CBP mostly in 2021 and early 2022. ⬇️
That could be a trully "day-one" stroke of the pen executive action and there will be no recourse for it. None!
The only ones that could possibly be challenged in court would be the U4U and Afghan parole programs as these two have statutory authorisations or sorta.
The termination of a 212d5 parole is entirely at the unfettered discretion of DHS and returns the person in the status the grantee had prior to the grant of parole and is subject to be taken into custody.
For all the CBPOne and CHNV parolees that prior status is "applicant for admission" and because of the entry fiction, the person is considered to still be at the border despite their physical presence in the US and with that goes out judicial review and 5th amendment protections per Thuraissigiam.
NEW DEVELOPMENTS in the #PIP (keeping families together parole program) litigation.
Soooo, that excitement that we will have an initial decision soon (18 September merits hearing), well forget about it. 18 September 2024 hearing is vacated.
Why you ask?
well, you see the intervenors filed an appeal after their motion was denied and asked for a quick decision before the 18th. 5th Cir said "not so fast".
1. 5th Cir "expedited" the appeal all right but will not hear the orals until October 10th. 2. Ergo, they stayed the district court proceedings but 3. also kept the admin stay against the PIP in place.
It means that we are not likely to get a decision on whether PIP is able to proceed at all until after the new admin takes office.
Lemme explain.
If 5th is going to hear arguments on the 10th of October -- even if they rush the decision mandate will not be issued until probably the end of November at the earliest. Until then district court can do diddly. So until mandate nothing is done and PIP paroles cannot be granted.
Even if intervenors win, it only means that they should be allowed to participate. Ergo, district court will have to set a new briefing schedule regardless of the outcome which will place us in holidays season at best. And that is if the losing party does not appeal to SCOTUS.
Even if district court keeps with the warp speed and get this to decision before everyone goes on vacay -- he is very unlikely to issue a judgment until mid Jan (with the proposed judgment process objections etc).
Thus, even if he finds that Texas has no standing and that #PIP can remains on the books, we are not likely to get this until probably days before the inauguration.
Then he will likely stays execution of judgment until Texas appeals.