Turns out I absolutely nailed it.

There is NO evidence at this moment that there are rapidly rising numbers of families and unaccompanied children seeking protections at the border.

That doesn’t mean it won’t happen next year. But it is not happening now.
CBP head @CBPMarkMorgan said this morning (h/t @Anna_Giaritelli) that this month's numbers could make the 2019 "crisis ... pale in comparison." Pure hogwash.

In November 2018, a total of 30,421 parents and children were apprehended at the border.

Last month, it was 8,588.
Right now, there is one very clear cause of the increased numbers of apprehensions at the border—single adults being arrested multiple times, following CBP's "Title 42" process where those individuals are quickly turned back to Mexico where they can try again.
For historical context here's what combined parent and child (accompanied and unaccompanied) border apprehensions were in recent Novembers:

Nov. 2020: 8588
2019: 12321
2018: 30455
2017: 10988
2016: 22934
2015: 12075
2014: 5025
2013: 7130

We are at the lowest level in six years.
In any other year, @CBPMarkMorgan would be getting on Fox News and claiming that the lowest apprehensions of families and unaccompanied children in six years is a Trump victory.

But because Trump lost, Morgan is seeking to sabotage the incoming Biden administration in the media.

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More from @ReichlinMelnick

15 Dec
🚨The last of the Trump administration's anti-asylum rules has been published—to go into effect just five days before inauguration.

This rule imposes a 15-day filing deadline on migrants after a first court hearing to submit an asylum application.

public-inspection.federalregister.gov/2020-27210.pdf Image
Here's what I wrote about the rule when first proposed.

It forces every person in "asylum only" proceedings—which thanks to last weeks' rule is EVERYONE screened at the border—to submit an asylum application just 15 days after their first court hearing.

immigrationimpact.com/2020/09/24/asy…
Asylum applications are complicated forms, over a dozen pages long, which by law must be submitted in English.

Following this new rule, people who are locked in detention with no lawyer and who don't speak English at all will be given just 15 to fill out and complete the form. Image
Read 5 tweets
10 Dec
🚨 The June "Death to Asylum" regulation has been finalized. It is set to go into effect on Monday, January 11, just nine days before inauguration.

federalregister.gov/public-inspect…
Under this new rule, one of Trump's last parting body blows to the United States' system of humanitarian protection, none but the lucky few will be able to win asylum.

The regulation creates near-total bans on asylum for wide swathes of people and herculean procedural barriers.
Before I get into just how horrific this new anti-asylum regulation is, a picture of Petra I took this morning to soften the blow of what is a terrible thing to read through—even though the Biden administration will be working to end it ASAP and court challenges are certain.
Read 23 tweets
9 Dec
A few interesting things from this Fall Regulatory Agenda (most of which will be cancelled under Biden).

DHS suggests it's going to publish a final regulation this month "delegating authority for temporariness determinations in H-2A [applications] to the Department of Labor." Image
We also now have more information on the pending-for-months proposal to issue a temporary final rule that would invoke COVID to totally ban all humanitarian protections for people crossing the border from Mexico.

The rule is still pending at OIRA. reginfo.gov/public/do/eAge… Image
USCIS also lists on the agenda a possible proposed rule (which won't happen) that would have eliminated the ability to concurrently file a visa petition and an I-485 application for a green card—more dismantling of legal immigration. reginfo.gov/public/do/eAge… Image
Read 5 tweets
9 Dec
Tom Homan sold his soul to Fox News, and with it every shred of dignity he once had.

This is, of course, a lie. Jeff Sessions said early in 2017 the purpose of Zero Tolerance was separating families—and even a parent which served 24 hours in jail wasn't reunited with their kid.
Why is Homan on Fox News talking about this? Because he JUST wrote an op-ed trying to "debunk" the idea that family separation was bad.

Again, the families that have chosen not to reunite haven't done so because it would mean deporting their children.
washingtontimes.com/news/2020/dec/…
Homan's op-ed is *riddled* with errors. For example, he claims here that children were only held in ORR custody "until their parents were released."

This is flatly wrong. @DHSOIG and @OIGatHHS have both independently confirmed no such plans to reunite kids existed.
Read 4 tweets
4 Dec
Judge Chhabria has had enough of ICE and GEO’s failure to protect people from COVID!

“From the start of the public health crisis until now, the conduct of the key ICE and GEO officials in charge of operations at Mesa Verde has been appalling.” From the start of the public health crisis until now, the co
“These [ICE and GEO] officials knew that they needed a clear and detailed plan to minimize the risk of an outbreak (and to contain an outbreak if one occurred), but nine months later they still have not created one. They deliberately avoided testing detainees ...”
“... and staff for fear that the results would require them to take expensive and logistically challenging safety measures. They failed to address the safety concerns created by Mesa Verde’s unique layout, which makes it far more dangerous ... “
Read 13 tweets
3 Dec
New! @DOJ_EOIR is *finally* moving forward with its long-planned deployment of electronic filing at the immigration courts, through a new Notice of Proposed Rulemaking that may hopefully bring the agency into the 21st century.

Digging into it now.

federalregister.gov/public-inspect…
In the new Notice of Proposed Rulemaking, EOIR is proposing to expand its e-filing pilot program (ECAS) to all immigration courts nationwide.

ECAS post-dates my time in immigration court so I'll defer to others on how well that system has worked so far.
EOIR proposes that all new cases in immigration courts which implement the new e-filing programs would get an "electronic Record of Proceedings" rather than a paper file.

BUT—this would only apply to NEW cases. The current 1.25 million cases would not be converted to electronic.
Read 10 tweets

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