About to listen to arguments in the 4th Circuit in HIAS v. Trump, an appeal by DOJ of a court order preventing the implementation of Trump's executive order forbidding refugee resettlement unless states and localities have both opted in to the refugee resettlement program.
I wonder if the DOJ lawyers on all these horrible anti-refugee cases really are ok with the evil impact of the stuff they're defending or they are just treating it as doing their job?
A judge is pointing out that the order has an absurd unworkable construct. That doesn't sound good for the government.
Another judge is really laying into the government lawyer who says a local area doesn't really have a veto. The plain language is inconsistent.
Now the judge is telling the govt lawyer that she's tired of the govt lawyers saying executive orders don't say what they say on their face. THANK YOU. I'm tired too. Own up to what Trump wrote and his words are what they say.
Now, a judge is saying this basically a mess of an executive order and is impossible to implement.
Side note. I used to be on the board of @HIASrefugees, the plaintiff here, and they are an incredible organization doing excellent work on behalf of refugees around the world. It's always been one of my favorite charitable groups and well worth putting on your giving list.
@JB_Cox, the lawyer for the plaintiffs, is now up. @HIASrefugees is actually joined by a couple of other refugee organizations in suing the Trump Administration.
@JB_Cox @HIASrefugees @JB_Cox making the argument that's similar to many of the other cases challenging executive orders - that Trump doesn't get to defy the will of Congress. EOs must be consistent with what Congress intended.
@JB_Cox addressing the problem with limiting the injunction to the plaintiffs. Not all refugee organizations in the suit can help refugees across the country. Example of Alabama is given. Also, the Refugee Act says its provisions should be implemented uniformly.
I know I'm biased, but this is going very well for @jbcox. The judges' questions clearly show this. They're mainly asking questions to clarify the earlier ruling.
@JB_Cox That's the end of the arguments. Looking very good for the plaintiffs. Fingers crossed.

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with (((Greg Siskind)))

(((Greg Siskind))) Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @gsiskind

29 Oct
Everyone who cares about immigration law and policy needs to read @crampell's superb piece. - Trump didn’t build his border wall with steel. He built it out of paper. washingtonpost.com/opinions/2020/…
It is not an easy read. But it does the job of laying out just how broad the problems created by Trump are. In order to really fix things, it's necessary to thoroughly understand what has happened. If Team Biden wins, they have a hell of a lot of work to do.
The immigration advocacy community has got to fight just as hard to get a new Administration to comprehensively address the problems. Some of that will be to address the hundreds of changes at the agencies and work on building a pro-immigration culture at the various agencies.
Read 12 tweets
10 Oct
I learned today about a disturbing side effect of the new DOL H-1B wage rules. And it could have a dramatic effect on the American health care system I hadn't previously considered. 1
Because physician salaries are now so elevated under the new rule, DOL has shifted to a national default wage for all H-1B doctors and those seeking green cards - $208,000 per year. All specialties. All geographic areas. Doesn't matter if you're right out of med school or not. 2
This plays out in some crazy ways. Medical residents for example. In teaching hospitals across the country, residents are typically paid $50K to $70K per year. The new reg requires they be paid $208K. 3
Read 10 tweets
9 Oct
Some very helpful Twitter followers have pointed out something very odd about the new DOL wage data. Would be very interested in @USDOL explaining. 1
@USDOL My app kept coming up with figures that were wildly different than the new DOL data. I know the tool is not precise, but it should be pretty close. In every case, my converter was showing the new wages to be much lower than what the flcdatacenter.com new wage levels show. 2
@USDOL What did I get wrong? Well, maybe the underlying data changed. The wages rose between July and October. Possible, but seemed odd given the low wage inflation we're seeing. 3
Read 10 tweets
6 Oct
DOL is justifying publishing with no notice and comment and with immediate effective date is because there would be a massive rush to file to beat the new wages from coming into effect. Of course, the H-1B lottery is in March. So most employers couldn't game it. Just BS. 16
DOL believes it meets the APA’s notice and comment and effective date requirements because of the national economic emergency. But Trump said we're in a V-shaped recovery. And @NFAP data shows IT unemployment has been unaffected by COVID. 17
@nfap The government just made these same arguments in NAM v DHS to stop the nonimmigrant bans and a judge laughed them out of court. 18
Read 5 tweets
6 Oct
First, this is a final rule being issued without any opportunity for the public to comment. It is also effective immediately. It also didn't go through review with OMB's Office of Information and Regulatory Affairs which is normally required. This fails rulemaking 101. 2
[Well I already screwed up making this a proper thread. Oh well, not starting over]

It takes 157 pages of citing biased sources and jumping to very faulty logical conclusions to do something I'm going to summarize in a couple of tweets. 3
Current wage levels:

Level 1 - 17th percentile
Level 2 - 34th percentile
Level 3 - 50th percentile
Level 4 - 67th percentile

Level 1 is an entry level job. For example, a doctor just out of residency training or an accountant just out of a bachelors program. 4
Read 13 tweets
22 Sep
OK, the hearing is over on the DV cases. Here's what I can report. 1
The judge spent the first part of the hearing trying to get a handle on just how many diversity visas have been issued since his order on 9/5 when he told the government to issue visas expeditiously first to plaintiffs and then everyone else. 2
He had been operating under the impression that half of the visas have been issued to the plaintiffs based on the way the govt presented the information. @ckuck clarified to the judge that he’s not considering family members so real number is more like 1/4. 3
Read 10 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!