Aaron Reichlin-Melnick Profile picture
Sep 24, 2020 10 tweets 4 min read Read on X
Under DHS's new proposed rule, if you were born in, or are a citizen of, one of the countries on this map, you would be banned from getting a four-year degree in the United States, with a student visa limited to two years maximum.

The thread has all the countries.
Rather than have people dig through the threads to get to the original rationale, here's the relevant provision I built this map off of.

The vast majority of these countries would be banned from 4-year-degrees based on this overstay provision.

It's collective punishment.
Here's a thread I did on some of the other changes made by the rule, which was published this morning.

People who want to oppose the rule will be able to provide comments in opposition to the rule, starting tomorrow and lasting through 10/25/2020.

Here's the best example I can give for why collective punishment based on visa overstay rates is arbitrary and cruel.

In 2019, six students from Tuvalu were supposed to leave the US. One didn't.

As a result, the visa overstay rate was 17%—meaning all Tuvalans would be punished.
Also, whoops, just realizing I forgot to add Chad to the map. Chad would also be subject to the ban, because they had a student visa/exchange visitor overstay rate over 10% in FY2019.

That completes the band across the middle of Africa.
One final thing to add to this thread; that things are not totally lost if the rule goes into effect.

Students in those situation would be able to ask DHS for an extension of their visas past two years. So that means it's not a total ban.

But those extensions aren't guaranteed.
Putting this here: I maybe should not have used the word "ban." Some people would still be able to get a four-year degree, but would be required to apply to extend their visas repeatedly through their time in college—extensions which aren't guaranteed.
Starting tomorrow morning, people will be able to leave a comment in opposition to this rule at this link. federalregister.gov/documents/2020…
DHS says it's fixing a major problem. But DHS data says just 32,023 people are suspected of overstaying a student/exchange visa in 2019.

And because the rule is based on PERCENT, the countries with the highest NUMBER of overstays (China, India, Brazil, Canada) aren't affected.
Here's why a % threshold is so stupid:

China: 11,030 student/exchange overstays (unaffected by rule)
India: 5,304 (unaffected)
Brazil: 3,177 (unaffected)
Saudi Arabia: 2,983 (unaffected)
South Korea: 2,492 (unaffected)
Japan: 1,418 (unaffected)
...
Tuvalu: 1 (restricted)

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More from @ReichlinMelnick

Dec 8
In every single major immigration raid so far, the MAJORITY of people arrested by DHS officers have no criminal record whatsoever — not even any traffic violations or misdemeanors.

In Washington, DC, it was 84% of all those arrested. In Los Angeles, 57%. In Illinois, 66%. Image
That is simply not true. Not only is being undocumented not a crime, but to have a criminal record requires someone to have been arrested for an offense in the past.
Neither of those offenses are relevant to the question of whether being undocumented is a crime, nor the question of whether a person who may have committed a crime for which they weren't charged can accurately be described as "having a criminal record."
Read 10 tweets
Dec 7
This is FALSE. As the Supreme Court spelled out very clearly 125 years ago, “subject to the jurisdiction thereof” refers to three categories of exceptions, two ancient and one uniquely American.

- Children of diplomats
- Children of occupying soldiers
- Native Americans Image
Mr. Wong’s parents were ineligible for citizenship in a way today’s permanent residents are not. And the Court was clear that the 14th Amendment codified the ancient rule of birthright citizenship.

Also, Trump’s EO claims to bar citizenship even for children of ppl here legally.
That is exactly what the excerpt says. Read it again. “The real object of the Fourteenth Amendment … would appear to have been to exclude … (besides children of members of the Indian tribes…), the two classes of cases” recognized in common law.

So yeah; an exclusive list. Image
Read 10 tweets
Dec 3
Obviously I have little sympathy for this guy, given his offenses. But I do want to explain why it is that this man was still in the country and not deported under any previous admin, including the first Trump admin.

In short - because for 50+ years, Cuba refused deportations.
Florida's sex offender registry says that Mr. Milian has two convictions relating to a single court case from 1996. So he's been deportable for at least 29 years.

But from 1965 to 2017, Cuba refused to accept any deportations of people who were inside the United States. Period. Image
The result of this diplomatic impasse means that for 50+ years, Cuban noncitizens convicted of a crime in the U.S. and ordered removed were mostly treated like regular American ex-con. After they did their time they'd be transferred to immigration custody and eventually released.
Read 8 tweets
Nov 20
THREAD: Judge Ellis is the first federal judge to review extensive body cam video of DHS's actions in Chicago. She finds that DHS *repeatedly* misled the public and made claims that were disproven by agents' own videos.

I'll go through some of the most egregious ones here. Image
On October 28, @DHSGov claimed that days earlier "rioters" had "shot at agents with commercial artillery shell fireworks," thus forcing agents to deploy tear gas and riot munitions.

Judge Ellis reviewed the video. This was completely false. The explosions were DHS's flashbangs! Image
Image
@DHSgov DHS claimed that agents were forced to use riot munitions to disperse an "unruly mob" on Sept. 19.

In fact, "the scene [was] quiet," and then "almost immediately and without warning, agents lob flashbang grenades, tear gas, and pepper balls, stating 'fuck yea!' as they do so." Image
Read 15 tweets
Nov 4
Rep. Jayapal is correct -- it is not a crime to be undocumented. Here's the Supreme Court saying as much.

Plus, less than 10% of the undocumented population has a removal order, and would only be chargeable if they had willfully disobeyed it, and many don't know they have one. Image
As for 8 USC 1325, illegal entry applies only to the undocumented population that crossed illegally, meaning visa overstays or people who came via humanitarian parole commit no crime -- and the statute of limitations is 5 years, so most people couldn't even be criminally charged.
Two things can be true at once:

1. It is not a crime to be undocumented, as the Supreme Court itself has noted.
2. A subset of the undocumented population (far less than half) is theoretically criminally chargeable for specific immigration violations.
Read 9 tweets
Nov 4
🧵Today a federal judge is looking into horrific conditions inside ICE holding cells in Chicago, which until January were for stays under 12 hours absent exceptional circumstances.

People are now held for days — and ICE uses the threat of longer stays to get deportation orders. Image
The excerpts I'm posting are taken from over a dozen sworn declarations submitted in a lawsuit seeking to force ICE to improve conditions. I'll link to the docket at the end of the thread.

One thing comes through clearly in these declarations: the cells are FILTHY. Image
Multiple immigrants detained at the facility say ICE officer demanded that they sign deportation paperwork, refused to let them talk to lawyers, and threatened them when they wouldn't sign documents in English that they couldn't read.

Here's a representative example. Image
Read 13 tweets

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