Going back and deleting my previous tweets about not getting the deportation moratorium tonight!
Very important to note that tonight's deportation moratorium is ONLY a moratorium on deportation.
The new memo says that "DHS will continue to enforce our immigration laws." That means arrests and likely detentions will continue for now.
More details to come in the next days.
OKAY we have the actual deportation moratorium memo!
All deportations are paused except for those:
- Not present before November 1, 2020
- Found by ICE director to be a national security danger
- Voluntarily waive rights to remain
- Removal required
In addition, we now have new "Interim Civil Enforcement Guidelines" for ICE:
1. "National security" threats 2. Border security—anyone apprehended after November 1, 2020 3. "Public safety" i.e. those convicted of an "aggravated felony" (which can include misdemeanors)
Importantly, the new interim enforcement priorities do not go into effect until February 1, 2021—two Mondays from now.
In addition, during the 100-day deportation moratorium, ICE is directed to do a "Department-wide review" of immigration enforcement policies.
After the 100 day deportation moratorium is finished, the memo anticipates that a new set of enforcement priorities will be issued.
But starting on February 1, anyone who isn't in the three categories listed above is official not an ICE priority!
This is a good point. The enforcement priorities listed supposedly apply to all DHS, which could mean changes at USCIS as well!
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.
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.
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).