EOIR has rolled back some, but not all, of the changes from last November's "case processing flow" memo.

Big difference? No longer required to file both pleadings and relief applications. Now it's pleadings first, then relief applications 60 days after removability established.
Here are the key paragraphs on operational rules under the new memo. The big differences between the old one and new one are several additional nods to judges' discretion to set their own scheduling, and two separate schedules for removability and applications for relief.
The memo sets a new and hilariously short 90-day timeline for merits hearing, with a massive "subject to docket availability" line which means that the 90-day schedule will be in most cases anywhere from 2-4 years.
However, the new Case Processing Flow memo doubles down on the move by the previous administration to limit the number of actual appearances that are required in front of the immigration judge.

Still somewhat unclear how that will play out once COVID closures end.

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More from @ReichlinMelnick

2 Apr
Strong circumstantial evidence in this piece that Robert Law was heavily involved in creating the Kafkaesque blank spaces policy, where asylum applicants who failed to write "N/A" in every single space, no matter how irrelevant or inapplicable, had their applications rejected.
Robert Law was the government relations director at @FAIRImmigration, an anti-immigrant hate group, before he became head of the @USCIS policy shop under the Trump administration. After Biden won he left and joined @CIS_org, FAIR's sister group.
Read this language and remember it came from someone who was put in charge of policy for the United States' legal immigration benefits agency.

It's filled with outrageous presumptions that almost all claims are fraudulent and "illegal aliens" shouldn't receive benefits at all. For example, the system is ...
Read 5 tweets
2 Apr
When we talk about border numbers, there are two very different phenomena occurring now. First, the one driving the "big numbers" headlines—single adults, who were 58% of March apprehensions.

That trend began last year when Title 42 went into place and pandemic lockdowns lifted.
Second, families and unaccompanied children, two groups whose numbers had been rising throughout 2020, but more slowly than single adults. Numbers increased rapidly after January.

However, there are still fewer families than in 2019, while there are more unaccompanied children.
So what happens when you combine these two different trends going on at the same time, one which began last year and one which recently accelerated? The highest March border encounters since 2006, with 58% being single adults and 42% being families and unaccompanied children.
Read 4 tweets
1 Apr
This morning @DHSOIG revealed the results of surprise inspections at the ICE detention center in Eloy, AZ. The OIG says that "detainee reports and grievances allege an environment of mistreatment and verbal abuse," and that the jail is likely responsible for a COVID outbreak.
Here's the primary conclusion of @DHSOIG's report on the La Palma Correctional Center in Eloy, AZ, where conditions for those held by ICE have long been reported as terrible.

Alarms have been raised about this detention center for years!

Last year, it was reported that private prison company CoreCivic was forcing asylum seekers held at La Palma to clean the jails, threatening to throw them in solitary confinement if they refused to do things like clean feces from a cell without gloves. thehill.com/homenews/admin…
Read 5 tweets
31 Mar
I still maintain that this estimate is WILDLY wrong, and I will eat my (nonexistent) hat if it's right.

March will likely hit ~145,000 encounters, making ~542,000 for the FY so far.

Getting to 2,000,000 requires an average 243,000 encounters from April-September. That's unreal.
The highest recorded monthly apprehensions in the highest year ever was 220,063 in March 2000. That month, it's likely there were at least ~500,000 crossings (many the same people crossing multiple times).

So 243,000 monthly apprehensions through September is a WILD prediction.
Also I'm pretty sure I remember seeing that CBP estimated over 1,000,000 apprehensions in 2019, which... did not happen.

If anyone can find that prediction, which I think was reported on in late 2018/early 2019, I will owe them my gratitude. I've been trying to dig it up.
Read 9 tweets
31 Mar
Yesterday reporters toured a Border Patrol facility where children are being held. The agent giving the tour said things are different now because families & kids "know that we're releasing them."

But that comment was absurd on its face, as the agent surely knew. A 🧵 on why.
In May 2018, when family separation was still going on and the nation's attention turned to the border, the Trump administration was loud and clear about "releases"—they publicly declared multiple times that any family that stepped foot on US soil would be released.
Trump repeated this fact—that most families were being released at the border—throughout 2018. Here's a rally comment from November 2018, where he again told cheering crowds of thousands that any family arriving at the border would be released.
Read 6 tweets
30 Mar
These images, which look so much like 2019, are a reminder yet again that CBP has had SEVEN YEARS to get its act together.

Congress keeps pouring billions into more agents, more tech, and more wall. But that won't do anything to stop scenes like this. We need a better system.
These are images of children held in filthy Border Patrol cells in 2014, packed in like sardines. They were leaked to Breitbart by Border Patrol officers to make a splash against the Obama administration.

This is the first time that "hieleras" at the border made national news.
These are images of people packed into Border Patrol cells in 2015, revealed as part of a lawsuit @immcouncil and other organizations brought against the Tucson Sector Border Patrol.

At the time, no one even got mats. They slept on the concrete floor.
Read 6 tweets

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