Here's a thoughtful—& therefore damning—analysis of the Trump administration's 11th-hour changes to the civics exam for aspiring US citizens.

Steven Lubet of @NorthwesternLaw susses out some truly fatal flaws beyond those widely reported already.

1/
politico.com/news/magazine/…
Here's an error worthy of Encyclopedia Brown: The Federalist Papers came *after* the Constitution was written, so this shouldn't be an acceptable answer.

2/
Name 3 "rights of everyone living in the United States"—but don't sweat anything after the 1st & 2nd amendments, like, say, equal protection or due process.

Can you imagine the uproar if a Democratic administration put forward a list of rights & left out the 2nd amendment?

3/
@USCIS says it relied on "input from experts in the field of adult education to ensure that this process is fair & transparent" & "piloted the test with community-based organizations & volunteers across the country,"

But there's no evidence of this.

4/
uscis.gov/news/news-rele…
Clearly, the Biden admin should immediately scrap this misbegotten exam & restore the status quo.

Then ask: What *is* the best way to assess "a knowledge & understanding of the fundamentals of the history, & of the principles & form of government, of the US"—per statute?

5/
What do high school social studies teachers (@NCSSNetwork), civics education providers (@icivics), & other experts recommend as "fundamentals" for aspiring Americans to learn?

That's not a 1st 100 Days imperative—too much Trump-era mess to clean up—but a longer-term goal.

6/6

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More from @doug_rand

17 Nov
🚨DHS just changed the policy manual for @USCIS officers, making it much more difficult & confusing to get a green card (and ultimately US citizenship).

Let's dive into what is changing, & then why this is happening now...

1/
uscis.gov/news/alerts/us…
Bottom line: USCIS officers are being ordered to exercise their "discretion" to deny a lot more green card applications.

If this sounds vaguely familiar, it's because USCIS made similar moves in July regarding work permit applications:

2/
Today's update begins with some picayune xenophobic edits to the Policy Manual:

* Changing every instance of "foreign national" to "alien"

* Listing "national security & public safety" as more important than "family unity" as a Congressional goal for permanent residency

3/
Read 10 tweets
13 Nov
🚨Surprise! The Trump admin just released a new civics test that all aspiring US citizens must pass if applying after Dec 1.

Quoth DHS: "offering a fair test...is of upmost [sic] importance to our agency."

Let's look at what's changing...

1/

uscis.gov/news/news-rele…
Superficially, the 60% threshold for correct answers is the same.

But studying the new 128 (more complicated) questions will be harder than studying the old 100 (more straightforward) questions.

And scoring 12/20 will be harder than scoring 6/10.

2/
uscis.gov/citizenship-re…
But the new civics test isn't just more difficult for no apparent reason—it also contains straight-up errors.

Q: Who does a Senator represent?

Old test: "All people of the state" [true]

New test: "Citizens of their state" [ideologically extreme & not true!]

3/
Read 9 tweets
10 Nov
🚨On Trump's way out, expect yet another barrier to immigrants becoming US citizens: @priscialva reports a plan to double the number of questions on the civics test, from 10-->20, & (apparently) make them considerably harder.

1/
cnn.com/2020/11/10/pol…
First of all, the civics questions for US citizenship are already pretty hard—see for yourself!

2/
nytimes.com/interactive/20…
Second, Congress requires naturalized US citizens to demonstrate "a knowledge & understanding of the fundamentals of the history, & of the principles & form of government, of the United States."

That leaves much discretion to DHS, which it's likely to abuse.

3/
Read 5 tweets
9 Nov
At last! Instead of poring over Trump's regulatory agenda for new outrages, I present to you an overview of how the Biden administration can reverse it all.

Trump has made >400 changes to the immigration system without Congress, per @MigrationPolicy.

1/
migrationpolicy.org/research/us-im…
All of these changes are "executive actions." That's a catch-all term for anything done by the executive branch, including:

*Executive Orders (a specific kind of White House doc)
*Regulations
*Policy memos
*Other subregulatory actions

Some are easy to rescind; others not.

2/
Let's start where Trump started: Presidential Proclamations.

The vast majority of them are purely symbolic, bestowing honorifics on various months of the year.

There's at least one big exception, though, as we all learned the hard way in January 2017...

3/ Image
Read 21 tweets
1 Oct
🚨DHS just released yet another proposed rule intended to restrict access to permanent residency (green cards) for hundreds of thousands of family-based immigrants each year.

Trump's team will race to finalize this before Jan 20, if he loses.

1/
federalregister.gov/documents/2020…
Most immigrants are already required to have a financial sponsor (eg a close relative) who shows income >125% of the federal poverty line & promises to pay back the gov't if the immigrant uses public benefits.

More on this "Affidavit of Support":
2/
boundless.com/immigration-re…
DHS wants to make it much harder for would-be immigrants to have an eligible financial sponsor—& therefore green cards—& ultimately citizenship.

3/
boundless.com/immigration-re…
Read 6 tweets
27 Sep
Heads up! The Labor Dept is about to publish an Interim Final Rule: "Restructuring of H-1B/H-1B1/E-3 and PERM Wage Levels."

It was received by OIRA on 9/16, & will presumably be cleared & published very soon.

What will it do? We have some clues...
1/
reginfo.gov/public/do/eoRe… Image
In a June 22 proclamation, Trump banned most new temporary workers from entering the US—& included a preview of more regs to come.

DOL was tasked with this upcoming rule. It might make above-average salaries mandatory for H-1Bs & some green cards.
2/
whitehouse.gov/presidential-a… Image
It's a bold move for this to be an "Interim Final Rule," effective immediately, without considering public comments. Courts won't like that.

This shows that the Trump administration isn't confident about winning the election, & at least wants to torment a Biden admin.

3/
Read 6 tweets

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