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.
And ultimately we need to finally get comprehensive immigration reform passed by Congress. If the Democrats capture the Senate, this needs to be done immediately. Start out with the 2013 legislation that nearly passed and update it to fix the numerous Trump changes.
If I were Biden, I'd also appoint an immigration "czar" responsible for coordinating the necessary changes at the many agencies that deal with immigration and also overseeing overall implementation of immigration reform legislation.
By the way, even if Biden wins, the rulemaking won't stop. As @crampell points out, the Trump people will try to push out everything that was on their to-do list via rulemaking. Which means we're going to have a lot of lawsuits. And the suits may continue into a Biden Admin.
Even if the Biden Administration supports the plaintiffs in the litigation, they can't easily kill rules in progress. They'll need lawsuits to end successfully. BUT- and Catherine didn't mention this - Congress can also use the Congressional Review Act to quickly take down rules.
Some very good work has been done to track the hundreds of Trump changes. @crampell linked to the MPI report at migrationpolicy.org/research/us-im… (which obviously needs some major updates because it is now - dated from July - already ancient.
Lucas Guttentag's Immigration Policy Tracking Project at Yale Law School - immpolicytracking.org - is another group doing excellent work in this regard.
Obviously, first Biden needs to win next week. Honestly, the changes Catherine talks about will get much worse in a second term (assuming the Democrats don't win the Senate).
That parenthetical is important. The Democrats also need to be prepared with how they would use their control of Congress to stop Trump on immigration if he should get reelected and they get the Senate. They would control the appointment process and the money.
Anyway, read the piece. Do your part to help over the next few days to get the election results we need. And be prepared to fight even harder to rebuild our immigration system into one that is the best in the world.

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More from @gsiskind

27 Oct
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.
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

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