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...
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
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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.
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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.
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.
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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.
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 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.
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."
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.
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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?
🚨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...