BREAKING: Ok #Noban tweeps, DOS has completed the review of the processes affected by the revocation of the #MuslimBan (PP9645 & 9983). Here is the half-a*s path forward
1/ If your immigrant visa (IV) was refused on or after 20 Jan '20 due #MuslimBan *YOU MAY* seek re-adjudication without resubmitting DS260 or paying any additional fees, provided the underlying visa petitions remain valid. You'll get priority adjudication. AWSOME news!
2/ If you IV was denied on account of #MuslimBan *before* 20 Jam '20 may you can request a reconsideration of the 212f refusal but you
-- must submit new application
and
-- pay a new application fee.
Absolutely unconscionable!
*your IV
3/ Now for the really disappointing (but fully anticipated) news.
DOS has made it official that #DV selectees for #DV2017 – 2020 who were not issued visas bc of the #MuslimBan are "statutorily barred from being issued visas based on their selection" and will not be reconsidered.
4/This is a horrid application and implementation of Biden's EO and should not be allowed to stand.
Time to sharpens them pencils and start drafting ... !
I have been delaying reading the #FOIA case from SCOTUS from 3-4. So nothing like spending your Sunday morning reading a decision you know is going to f*ck up a lot of your pending litigation & heck! Admin law practice as a whole, right? Well I did and shiiish a 🧵
Here is the link to the FWS v Sierra Club case supremecourt.gov/opinions/20pdf…
and yes! it is all about exemption 5 & specifically the deliberative process privilege. If you’ve done any immigration related FOIA, this is your “b5” stamped on blackouts on ~ 85% of the docs you received.
In her 1st dec ACB provides a map for agencies to hide their activities:
“It is not always self-evident whether a doc represents an agency’s final decision, but one thing is clear: A doc is not final solely because nothing else follows it. Sometimes a proposal dies on the vine”
The Senate passed the $1.9 trillion #AmericanRescuePlan but with very few provisions applicable to mixed-status families and undocumented non-citizens. Yes, the appalling Ted Cruz amendment was defeated but little headway appears to have been made to provide relief to the ...
... hundreds of thousands of undocumented essential workers who since day one of the pandemic have kept us fed and provided for. This is a shameful failure.
This bill is a monster but it seems like the "premium assistance credit" for ACA bene were limited yet again to
... non-citizens "lawfully present" even if not eligible for Medicaid under T XIX.
For purposes of $1400 checks, for mixed-status families only one SSN will be sufficient, leaving millions of undocumented individuals out.
Now, these numbers include only documentary qualified applicants and ONLY in the IR and family priority categories. It does not include the EB and DV cases. Adding the cases in the pipeline at NVC that are not yet DQed, we are looking at ~1Million cases!
JFC!
Now the same report provides latest stats in another critical category: visa interviews conducted. Get this!
In the month of January 2021 DOS conducted TOTAL of
* 8,273 interviews for all immediate relative IV categories
* 262 interviews for all family preference IV categories
#PP10014 is gone and the period for DOS to review & adjust any implementation, guidance, etc arising from the awful #entryban was supposed to have been completed. I have not seen anything specific posted but KCC has made some improvements - MOSTLY SYMBOLIC- but 🧵
... to show good faith they have processed some #DV2021 cases and interviews may be coming for as early as April but the number of interviews will be minuscule. It appears that the shift has been made to process family-based backlog and clear the deck for those cases.
There appears to be little desire from DOS to rescind the COVID19 regional bans or to open consulates for routine services. And as it is going now, they are not likely to rescind PP10052 but to let it run until end of March.
Ooof. 1st Cir finds that in civil action, "warrantless electronic device searches are essential to the border search exception's purpose of ensuring that the exec branch can adequately protect the border" and no prb cause needed to search ED at border ... media.ca1.uscourts.gov/pdf.opinions/2…
Although after Riley, crim cases have gone this direction, this was a civil w USC & LPR plaintiffs and covered "basic" & "advanced" searches under the CBP search guidances.
But in this one, the 1st held that "Basic" CBP searches of ED may be performed without reasonable suspicion. Conclusion using the ol' "routine"/"non-routine" search distinction. THIS IS REALLY BAD!
OMG! President Biden has now TERMINATED the national emergency decl on the southern border, clearing the way for the repeal of CDC Title 42 expulsion order.