Aaron Reichlin-Melnick Profile picture
Sep 24, 2020 8 tweets 2 min read Read on X
Under DHS's new proposal, citizens or people born in the following countries would be banned from getting student visas longer than 2 years:

- Afghanistan
- Benin
- Bhutan
- Burkina Faso
- Burundi
- Cameroon
- Central African Republic
- Chad
- Congo (DRC)
- Congo (ROC)

/cont'd
Citizens or people born in countries that would be banned from student visas lasting over 2 years:

- Côte d'Ivoire
- Djibouti
- Equatorial Guinea
- Eritrea
- Ethiopia
- Gabon
- The Gambia
- Ghana
- Guinea
- Guinea-Bissau
- Guyana
- Haiti
- Iran
- Iraq
- Kenya
- Kosovo

/cont'd
Citizens or people born in countries that would be banned from student visas lasting over 2 years:

- Kyrgyzstan
- Liberia
- Libya
- Malawi
- Mali
- Mauritania
- Moldova
- Mongolia
- Nepal
- Niger
- Nigeria
- North Korea
- Papua New Guinea
- Philippines
- Rwanda
- Samoa

/cont'd
Citizens or people born in countries that would be banned from student visas lasting over 2 years:

- Senegal
- Sierra Leone
- Somalia
- South Sudan
- Sudan
- Syria
- Tajikistan
- Tanzania
- Togo
- Tonga
- Turmenistan
- Tuvalu
- Uganda
- Uzbekistan
- Vietnam
- Yemen
- Zambia
That list is shockingly long. Only a few African countries escape restrictions.

If DHS's new proposed rule goes through, international students from countries like Nigeria, Kenya, Vietnam, and the Philippines would be effectively banned from getting four-year degrees in the US.
Most of those countries would be subject to restrictions because of the "10% visa overstay" threshold.

Here's an example of how that creates absurd results. In 2019, five students from Tuvalu departed the US on time, and one didn't.

That one person put the overstay rate at 17%.
Importantly, students blocked from a visa longer than two years could still get multiple student visas over the course of their education, in order to get a four-year degree or a grad degree. But that wouldn't be guaranteed, could be expensive, and denials are possible.
One final clarification to this thread, to go with the last tweet.

I used the word "ban," and I don't think I should have. That was overstated.

That doesn't take away from the fact that, because visa extensions aren't guaranteed, many students would choose not to take the risk.

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More from @ReichlinMelnick

Sep 8
🚨The Supreme Court today gives Trump a license to engage in racial profiling, with Justice Kavanaugh writing in concurrence to expressly endorse ICE and Border Patrol targeting any Latinos they observe in Los Angeles speaking Spanish and then demanding their papers. Image
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Justice Sotomayor is utterly scathing: "We should not have to live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low wage job. Rather than stand idly by while our constitutional freedoms are lost, I dissent." Image
Sotomayor: "The [Gov't], and now the concurrence, has all but declared that all Latinos, US citizens or not, who work low wage jobs are fair game to be seized at any time, taken away from work, and held until they provide proof of their legal status to the agents’ satisfaction." Image
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Sep 5
🚨NEW: Reversing *generations* of practice, the Board of Immigration Appeals gives ICE exactly what it demanded, ruling that any undocumented immigrant who entered illegally is categorically ineligible to ask a judge for bond — expanding mandatory detention by millions of people. Image
The new decision comes after the Trump admin announced in July that it would take the legal position that a 1996 law barred release on bond anyone who crossed illegally — despite no admin having EVER made that claim before. Now the BIA greenlights that completely novel argument.
The Board of Immigration Appeals has upheld grants of bond to people in this situation THOUSANDS of times in the past. NO ONE previously put forward the argument that they greenlit today — one that they claim is just a straightforward application of the law, not even ambiguous.
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Sep 3
🚨 The Trump admin is moving to de-legalize more than a quarter of a million Venezuelans who have been here for at LEAST four years.

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Trump is now moving to strip protections and deport the same people that he himself granted deportation protections to in his last week in office in 2021.

Trump’s order said protecting noncriminal Venezuelans from being sent back to Maduro was a matter of U.S. national interest. Image
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Trump's DED order for Venezuela applied to anyone here before January 20, 2021. Only weeks later, Secretary Mayorkas granted Temporary Protected Status to Venezuelans here before March 9, 2021. So effectively speaking, this is the same group of people that Trump protected.
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Sep 3
🚨NEW: Declarations filed in the lawsuit against the rushed attempt to deport 600 Guatemalan children reveals the chaotic way the Trump admin carried out the operation.

Children were taken out of bed after midnight to be rushed onto planes. One girl "was so scared she vomited." Image
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Throughout the fateful morning, no one told him what was happening. Image
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Sep 2
NEW: The Trump admin plans to double the number of immigration judges, ordering hundreds of military lawyers to serve as immigration judges, despite flimsy legal authority to do so.

Notably, immigration law is infamously complex, and judges normally require months of training.
Many former JAGs serve as immigration judges today, having gone through a competitive hiring process. JAGs are often good lawyers, so I am not of the belief that they will all become rubber stampers. But the command pressure to deny will undoubtedly be *enormous.*
Indeed; the Trump admin has actually fired dozens of judges already and moved to purge many of the Biden appointees.

While I don’t believe military judges will be ordered to deny, they will undoubtedly be pressured to do so. And their inexperience will cause serious issues.
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Aug 19
NEW: McCarthyism returns to immigration law, as @USCIS announces that it will begin screening applicants for immigration benefits for "Anti-America ideologies or activities." The term has no prior precedent in immigration law and its definition is entirely up to the Trump admin. Image
The full policy memo is here. The Trump administration says that it will use its discretion to deny immigration benefits to anyone it deems to have supported a group with "anti-American ideologies" or engaged in "ant-American activities." uscis.gov/sites/default/…
The new policy on "anti-Americanism" and discretionary benefits comes just days after the Trump admin tightened standards for naturalization, ordering a more searching analysis of whether applicants for citizenship have met the required "good moral character" standard. Image
Read 4 tweets

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