First, we just BARELY escaped a new regulation severely restricting the H-1B program in many ways which the experts on business immigration have assured me were pretty illegal anyway.
It had already been sent to the Federal Register last week.
We also just barely escaped a dystopian rule that would have expanded biometric collection for all immigration benefits to even the US citizen family members—and impose "continuous vetting" on immigrants.
The Trump administration will also never be able to go forward with a proposal to severely restrict continuances in immigration court, including a flagrantly illegal rule that would have given immigrants just 40 days to obtain a lawyer.
Today's regulatory freeze will also halt this horrific anti-asylum rule from going into effect on Friday. This will give the Biden administration time to reverse the rule, which would have effectively pulled us out of the UN Protocol on Refugees.
The Trump administration will also not be able to finalize a regulation first revived in 2019 that would make it harder for children to obtain Special Immigrant Juvenile Status.
The rule had been under final review since October.
Other major changes to legal immigration also didn't make it across the finish line.
This rule, which would have ended "duration of status" visas for students, exchange visitors, and members of the media, drew intensive opposition. It's dead.
The "affidavit of support" rule, which like the public charge rule represented yet another attack on low-income immigrants, is also dead. It was likely proposed too late for them to get it out the door, as they were focusing on killing asylum first.
Let's breathe a sigh of relief that none of those rules will happen. And in their haste to get other "midnight rules" out the door, the Trump administration cut corners—and that's cost them. In the last month, multiple "midnight rules" attacking immigrants have been blocked!
9/9
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Here's a copy of the TRO. It claims that "Texas faces irreparable harm from having to provide costly educational, social, welfare, healthcare, and other services to illegal aliens who remain in Texas because Defendants have ceased removing them."
Here is a full copy of the agreement between DHS and the State of Texas.
It was signed by Ken Cuccinelli on behalf of DHS—which, given the fact that he was unlawfully appointed to his job means the entire agreement is null and void on that ground alone.
Now that President Biden has fulfilled the first part of his promise to end MPP, there are still thousands of people waiting south of the border in a dangerous limbo.
Under the staggered admissions process, individuals who have been waiting the longest in MPP would be prioritized for readmission, along with vulnerable individuals who cannot wait any longer. We believe this is the most fair way to address operational challenges.
Once Biden had officially taken office, we got the first major action. As part of a standard transition process, the Biden White House froze all regulations which Trump had been trying to finalize at the last hour. I did a thread on what we escaped.
Last night we started getting more changes. One of the first was an order telling CBP to stop putting people into the so-called "Migrant Protection Protocols," a cruel program that's left thousands in a dangerous limbo. But there's still more to do!
Biden revokes the original Muslim Ban and all three Proclamations extending it.
That lifts restrictions on immigrant visas against:
- Burma
- Eritrea
- Iran
- Kyrgzstan
- Libya
- Nigeria
- North Korea
- Somalia
- Sudan
- Syria
- Tanzania
- Yemen
Biden also directs the State Department to immediately resume visa processing of all people subject to the Muslim Ban/African Ban, as well as come up with a plan within 45 days to not only reconsider all previous visa denials but also to consider how to expedite applications.
Today's press release says the new bill will revoke the 1996 immigration bill's creation of 3 and 10 year bars to getting a visa for those who have been present unlawfully in the US for 6 months or over a year.
The new bill has multiple provisions designed to reduce the current green card backlogs, which for nationals of some countries like India, China, Mexico, and the Philippines, can mean the process of obtaining a green card can take 20+ years (or even longer in some cases).