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https://twitter.com/NicoletteGlazer/status/1306613623775666176

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Nicolette Glazer

@NicoletteGlazer

Nov 6

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

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

Nicolette Glazer

@NicoletteGlazer

Sep 25

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.

Read 7 tweets

Nicolette Glazer

@NicoletteGlazer

Sep 12

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.

Link to 5th order/decision: storage.courtlistener.com/recap/gov.usco…

So what does it mean for #PIP hopeful?

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.

Read 7 tweets

Nicolette Glazer

@NicoletteGlazer

Aug 23

🚨 BREAKING: Texas and 15 other GOP states filed a complaint in ED of Texas seeking to halt the #PIP (Keeping Families Together Parole in Place Program.

Here is the courtlistener.com/docket/6907441…

The Plaintiff states are:

State of Texas;
State of Idaho;
State of Alabama;
State of Arkansas;
State of Florida;
State of Georgia
State of Iowa;
State of Kansas;
State of Louisiana;
State of Missouri;
State of North Dakota;
State of Ohio;
State of South Carolina;
State of South Dakota;
State of Tennessee;
State of Wyoming,

Until and unless the Court issues either a TRO or a Preliminary Injunction, the program will remain operational!!! PPl can continue to file, and USCIS has the authority to adjudicate, and they better get their a*ses in gear and process as many applications by Monday.

Read 11 tweets

Nicolette Glazer

@NicoletteGlazer

Jun 15

My first experience with Biden's new Asylum Ban and if this is anything par for the course, this is beyond Kafquesque and deliberately punitive to bona fide asylum applicants as we expected but so much worse. A thread ...

Disclosure: This is not my case, and I got involved in helping a colleague who has now done the impossible. A a true rock star guerilla immigration lawyer.
I have permission to report some of the backstory but will keep all facts out for obvious reasons.

This nightmare involves a non-Western Hemisphere family with kids who crossed with a smuggler and with a group and waited for BP to come and process them. According to mom, BP came and divided the large group of ppl waiting there into subgroups. Mother + kids were separated from the husband and left there to wait for hours in the sweltering heat. According to her, she was there with a pregnant woman and a woman with a toddler who was crying unconsolable because her baby was exhausted and hungry.

Read 11 tweets

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