Joe Biden will present Congress with an immigration reform bill on his first day in office—Wednesday!—including a path to citizenship for undocumented immigrants, immediate green cards for DACA & TPS holders, & more...

via @seungminkim:
1/
washingtonpost.com/politics/biden…
Legal immigration items newly reported:
*Recapturing unused green cards
*Work permits for spouses & children of H-1B workers

Prior promises by candidate Biden:
* No green card caps for STEM PhD grads
* No caps on spouses & children of permanent residents
* No country caps

2/
Lots to anticipate starting on Jan. 20—not only these legislative proposals that Congress will still need to pass, but also a great many new executive actions to start rebuilding our immigration system in the meantime.

3/3
P.S. Per Amy Nice (former DHS attorney), there are ~220,000 green cards available for recapture, having never been used due to pure executive branch error.

cato.org/publications/s…

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More from @doug_rand

20 Jan
🎉First official details of the immigration bill Joe Biden is sending to Congress today, & the name speaks volumes:

The U.S. Citizenship Act

Let's look at 5 pillars:

*Legalization
*Border
*Humanitarian
*Labor protections
*Legal immigration

1/
buildbackbetter.gov/press-releases…
Long-overdue naturalization & integration of undocumented Americans:

*Dreamers, TPS holders, & farmworkers eligible for green cards immediately

*Others get status immediately, then green cards 5 years later

*After 3 years with such green cards, eligible for US citizenship

2/ Image
"Smart Border Controls":

*Funding for technology & infrastructure to screen for contraband at ports of entry, process more asylum-seekers, & secure southern border

*Accountability & training for Border Patrol

*Extra efforts to stop drug traffickers & human smugglers

3/
Read 11 tweets
18 Jan
It's no surprise that Joe Biden plans to begin his administration with a flurry of executive actions—that's what presidents tend to do as leaders of the Executive Branch.

"Executive action" isn't the same as "executive fiat" or "executive overreach."
1/
In the end, "executive overreach" is whatever the courts find to be outside the authorities granted to the Executive Branch by Congress or the Constitution.

But in the beginning, as a policy takes shape, you could say that executive overreach is a state of mind.

2/
Under Obama, executive actions went through layers & layers of scrutiny from gov't lawyers before they were initiated.

It wasn't just fear of losing in court—officials wanted to stay on the lawful side of statute & judicial precedent.

Expect the same from Team Biden.

3/ Image
Read 6 tweets
6 Jan
If Dems control the Senate, then the Congressional Review Act (CRA) suddenly snaps into major relevance as a blunt instrument to eliminate Trump-era rules—at least from the past 6 months or so.

The details are complex, but @CRS4Congress has an FAQ!
1/
fas.org/sgp/crs/misc/R…
The CRA lets Congress take a simple majority vote on eliminating most any rule from the past 60 "days of continuous session"—when you include recess days, that ends up being several months.

Here's the @USGAO database of duly delivered rules:
2/
gao.gov/legal/other-le…
The CRA is a two-way bazooka: It destroys the existing rule *&* in the future prevents the agency from issuing a "new rule that is substantially the same" or reissuing the rule in "substantially the same form."

What does that mean? It's untested!
3/
Read 6 tweets
6 Dec 20
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/
Read 6 tweets
17 Nov 20
🚨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 20
🚨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

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