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Aaron Reichlin-Melnick Profile picture
@ReichlinMelnick
Sep 24, 2020 • 8 tweets • 4 min read • Read on X
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Another major change to the legal immigration system; the Trump administration wants to eliminate "duration of status" visas for international students, exchange visitors, and international media.

Students would be limited to visas that last 2-4 years, with extensions allowed.
Under DHS's proposal, it seems that international journalists on assignment in the US would be effectively prohibited from remaining for long periods of time.

The proposal would limit their visas to at most 240 days, and require them to file for Extension of Statuses after that.
New restrictions on student visas would also be imposed by the rule, including limiting language training students to a maximum 24-month period of stay, requiring students to leave the U.S. more quickly after their visa expires, and setting a limit on changing educational levels.
Importantly, under the new rule international students would receive automatic six-month extensions of their status once they filed for an extension, which would in times when @USCIS was actually functional ensure that people would get an answer before their status expired.
Here's the full list of changes DHS says the rule would make for international media.

I don't know much about "I" visas, so I don't know how many foreign journalists use them to remain in the US for long periods of time. But these changes seem designed to make that impossible.
Here's another good thread going over some of the more fine details of the rule, from someone with significantly more experience in these types of visas than me.
Importantly, @doug_rand notes that the new proposed rule would effectively impose racist nationality-based limitations on some foreign students, declaring people security threats purely based on the place they were born and the nationality they posses.
Probably the biggest change in the rule would be a ban on student visas longer than 2 years for any person born in, or a citizen of, a country with a student visa overstay rate over 10%—meaning no bachelor/grad degrees.

As I show, that bans most of Africa

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More from @ReichlinMelnick

Aaron Reichlin-Melnick Profile picture
May 22
🚨 🚨 🚨 NEW: A shocking @USCIS memo seems to declare that hundreds of thousands of immigrants living in this country and applying for green cards must instead apply for visas abroad; which could MASSIVELY disrupt lives.

🧵 on what we know, and what we don’t. Image
People get green cards two ways:

1. Apply for an immigrant visa at a U.S. consulate abroad.
2. Apply for a green card while already in the USA.

The new @USCIS memo seems to say that most people in group 2 should generally be denied a green card and forced to apply abroad. Image
@USCIS Why does it matter if people have to apply abroad?

- It could force people to leave their jobs, homes, and families for weeks or months, all at their own expense
- Consular decisions are virtually unchallengeable in court, even when egregiously wrong
- Backlogs can be much worse
Read 13 tweets
Aaron Reichlin-Melnick Profile picture
Apr 29
Today the Supreme Court hears a case that will decide the fate of over 350,000 people currently living legally in the United States — and impact thousands more who are still in limbo.

So what is Temporary Protected Status and what is the case about? NEW 🧵 on the issue.
Temporary Protected Status was created to deal with the fact that sometimes, due to an outbreak of war, political crisis, or natural disaster, deportation becomes inhumane.

Without a law to address this, presidents responded on an ad hoc basis using inherent executive authority.
Before TPS, Presidents used a thing called "extended voluntary departure" to address these crisis. For example:

- Ford gave EVD to Lebanese in 1976 due to civil war
- Carter gave EVD to Ugandans in 1978 due to civil war
- Reagan gave EVD to Poles in 1981 due to Soviet crackdowns Image
Image
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Read 15 tweets
Aaron Reichlin-Melnick Profile picture
Apr 15
The accused assailant is a British immigrant who became a U.S. citizen in 2022, meaning he got his green card in 2017 or earlier.

The idea that Biden or his policies had anything to do with this is purely inflammatory political messaging divorced from any facts.
From FY 2021 through FY 2024, roughly 3.5 million people became U.S. citizens through naturalization. The idea that Biden is somehow personally responsible if any of them later went on to commit crimes is beyond stupid; it's willfully ignorant and deliberately inflammatory.
Neither @nypost or @DHSgov has EVER blamed Trump for any crimes committed by an immigrant who entered the country or got status under Trump. Not once.

It's because they KNOW it's not a good faith argument.
Read 6 tweets
Aaron Reichlin-Melnick Profile picture
Apr 11
Wait, sorry, so now the Trump admin is attempting to strip green cards from people just because of who their families are?! And people are cheering this on?
Our government just threw someone in jail because their grandfather was a spokesperson for the Iranian government half a century ago.

We are now openly punishing people for the sins of their ancestors and for no other reasons. We have lost the goddamn plot. Just outrageous.
I don’t think that a child, let alone a grandchild, should be punished for something their parent did and that they had nothing to do with.

That’s a core principle of our society, and something we should not toss aside casually without thinking through the ramifications.
Read 7 tweets
Aaron Reichlin-Melnick Profile picture
Apr 10
People with DACA came here as children. Every one of them has been here for a minimum 19 years. They grew up here. They went to school here. Many speak English with no accent. They are working legally, paying taxes, doing everything right.

And Trump's ICE is still jailing them.
Because that's not something a President can do. Only Congress can provide a path to permanent legal status for most DACA recipients. And Congress has sat on its ass for years, even though huge majorities of the American public supports the DREAM Act.
In 2018, the Supreme Court said DACA might be legal if it only protected against deportation, not provided work permits. The 5th Circuit, the most conservative in the country, upheld that version and limited their ruling only to Texas (the plaintiff).
Read 21 tweets
Aaron Reichlin-Melnick Profile picture
Apr 9
SEVEN whole law professors?!?!

Here I was thinking that what mattered was every single judge who has ruled on the issue, 125+ years of accepted understanding of the 14th, and centuries of common law on the contours of jus soli. But if you have SEVEN law professors, man, WOW.
Less sarcastically, this article has a GLARING flaw: dual citizenship. Many children of U.S. citizens acquire foreign citizenship at birth under jus sanguinis and so would not have an "exclusive" allegiance to the US under this theory. That can't be right.
Image
If "exclusive allegiance" is required, then how could that cover Wong Kim Ark himself, who was a dual national?

Hamburger's answer is that U.S. law at the time did not recognize dual nationality. That's a bizarre answer that raises more questions than it answers. Image
Read 8 tweets

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