Aaron Reichlin-Melnick Profile picture
May 4, 2021 21 tweets 8 min read Read on X
This attempted "fact-check" from the Heritage Foundation's new post-Trump DHS "senior fellows" (Wolf, Morgan, Ries) is not only disingenuous, it also gets a number of facts wrong. So I'm going to fact-check the fact-check. Come with me on a thread.

dailysignal.com/2021/05/03/fac…
First, Chad Wolf makes an unprovable claim about motivations behind increased border apprehensions. Here's why it's wrong:

1) Apprehensions began spiking in May 2020, not "the last months" of Trump.
2) In the the actual "last months" after Biden won, apprehensions leveled off! Excerpt: "In the final months of the Trump administratiChart showing major increase in single adult apprehensions b
Chad Wolf's claim of a "border under control" pre-Biden is particularly disingenuous.

Note how he points to April 2020 as proof, ignoring that half the world was on lockdown and that single adult apprehensions—fully 2/3 of all apprehensions under Biden—began spiking in May 2020! Excerpt: "In the final months of the Trump administratiAlternate version of prior chart showing all apprehensions f
Next, Chad Wolf claims reduced border apprehensions in 2019-2020 were due to three things:

- The Migrant Protection Protocols (MPP/Remain in Mexico)
- Asylum Cooperative Agreements (ACAs/Safe Third Country agreements)
- "More construction of the border wall."

I'll address each. Excerpt: "This decrease was thanks to the Migrant Prote
Wolf says that "every single one of these effective policies was still in place on January 20, 2021." That's a half-truth at best, a lie at worst.

The only ACA ever to go into effect was suspended in March 2020 due to COVID. When Biden ended the ACAs they existed on paper only. Excerpt: "Every single one of these effective policies
Similarly, Wolf's claim that MPP was still in place on January 20, 2021 is true, but also deeply deceptive.

MPP was effectively replaced by Title 42. Just 1.19% of people encountered from April 2020 to January 2021 were put into MPP—hardly the major deterrent Wolf is claiming. Graph showing virtually nobody being placed into MPP after T
Wolf's description of MPP is also very deceptive. MPP didn't end "fraudulent" asylum claims, it ended nearly ALL asylum claims through a system of kangaroo courts.

Less than 1% of people put into MPP ever won protection—compared to 13-18% for Central Americans inside the US. Excerpt: This decrease was thanks to the Migrant Protection
Wolf is equally disingenuous when describing the ACAs. What the ACAs did was give the US the ability to deport people to a third country and force them to apply for asylum there—even if they'd never been there.

For example, the U.S.-Honduras ACA would have applied to Mexicans! Excerpt: "asylum cooperative agreements with Northern T
Chad Wolf also claims that "more construction of the border wall" was a cause of a decrease in apprehensions in 2019, and blames Biden's construction pause on skyrocketing numbers.

But that makes no sense. All that wall which supposedly decreased apprehensions is still there! Excerpt: "This decrease was thanks to ... more construc
Wolf's segment ends by saying that "Biden inherited the most secure border in U.S. history, and promptly blew it apart."

So how does he get there? Pretending the 2020 border spike in single adults didn't happen, misrepresenting what Biden did, and making nonsensical arguments.
What's also notable about Wolf's segment is his total failure to mention Title 42; the most sweeping anti-asylum policy adopted by Trump in all four years... and one that Biden has largely kept in place!

Read more about Title 42 from us here: americanimmigrationcouncil.org/research/guide…
Moving on to "Claim No. 2," which is written by Mike Howell.

Hard to fact-check this one because it's all this guy's opinion. Seriously. He tries to fact-checks the word "urgent" and basically says that if Biden doesn't do exactly what he wants, the response isn't "urgent." OK. Claim No. 2:  “It is getting urgent action now.” Rating:
Moving on to "Claim No. 3," written by Lora Ries (who testified as the minority witness in the Congressional hearing I testified at last week).

Ries admits Biden's statement is true but calls it misleading, accusing Biden of effectively "throwing everything in the closet." Claim No. 3:  “For example, a month ago, we had thousands
Unaccompanied children are worse off in Border Patrol custody, and images of crowded CBP cells were what sparked the mainstream calls of a "crisis." Ries is ignoring that when conflating CBP custody with ORR shelters. Plus, Biden is finally beginning to clear the shelters now! Chart showing "Net Change in Non-Mexican Unaccompanied
Ries ends her "fact-check" with an opinion: unless Biden cracks down on migrant children, we'll keep seeing "sky-high numbers."

But the number of unaccompanied kids encountered in April will be 10-15% lower than March. We've already hit the peak, despite Biden changing nothing! Excerpt: "And no matter who has custody of these minors
Moving to "Claim No. 4," which Chad Wolf responds to, where Biden said that DHS did not fully cooperate with the transition team, thus putting some blame on outgoing Trump officials (like Wolf himself) for the current situation at the border.

Wolf... is not happy. Claim No. 4:  “Hey, look, here’s what happened—the fai
Wolf claims that DHS officials met with the transition team more than 200 times to provide briefings, and suggests someone should FOIA them.

Of course, under FOIA all you'd be able to get was a confirmation the meeting happened and likely nothing on substance. At the Department of Homeland Security, we provided the tran
Now the meat of Wolf's counter to Biden's claim of a sabotaged transition: basically, "we told you not to do things we didn't like and you went ahead and did them."

Except... that doesn't refute Biden's claim. In fact, it supports it. All they did was warn, not prepare! During the transition, the incoming Biden administration was
Wolf also attacks a strawman by deliberately misrepresenting what Biden said here.

Biden never said any staff was fired *during transition.* He says they learned after taking office that "[Trump's DHS] had fired a whole lot of people, that they were understaffed considerably." It’s also untrue to claim anyone in DHS was fired during t
So Wolf's defense to Biden's claim of transition team sabotage is to:

- Attack a strawman
- Say they met a lot and warned Biden not to undo Trump policies.

Notably absent? Claims that they dutifully prepared to carry out the new administrations' policies.
Taking a break now before I get to Claims No. 5 and 6, so will be back to this thread later.

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More from @ReichlinMelnick

Apr 15
The accused assailant is a British immigrant who became a U.S. citizen in 2022, meaning he got his green card in 2017 or earlier.

The idea that Biden or his policies had anything to do with this is purely inflammatory political messaging divorced from any facts.
From FY 2021 through FY 2024, roughly 3.5 million people became U.S. citizens through naturalization. The idea that Biden is somehow personally responsible if any of them later went on to commit crimes is beyond stupid; it's willfully ignorant and deliberately inflammatory.
Neither @nypost or @DHSgov has EVER blamed Trump for any crimes committed by an immigrant who entered the country or got status under Trump. Not once.

It's because they KNOW it's not a good faith argument.
Read 6 tweets
Apr 11
Wait, sorry, so now the Trump admin is attempting to strip green cards from people just because of who their families are?! And people are cheering this on?
Our government just threw someone in jail because their grandfather was a spokesperson for the Iranian government half a century ago.

We are now openly punishing people for the sins of their ancestors and for no other reasons. We have lost the goddamn plot. Just outrageous.
I don’t think that a child, let alone a grandchild, should be punished for something their parent did and that they had nothing to do with.

That’s a core principle of our society, and something we should not toss aside casually without thinking through the ramifications.
Read 7 tweets
Apr 10
People with DACA came here as children. Every one of them has been here for a minimum 19 years. They grew up here. They went to school here. Many speak English with no accent. They are working legally, paying taxes, doing everything right.

And Trump's ICE is still jailing them.
Because that's not something a President can do. Only Congress can provide a path to permanent legal status for most DACA recipients. And Congress has sat on its ass for years, even though huge majorities of the American public supports the DREAM Act.
In 2018, the Supreme Court said DACA might be legal if it only protected against deportation, not provided work permits. The 5th Circuit, the most conservative in the country, upheld that version and limited their ruling only to Texas (the plaintiff).
Read 21 tweets
Apr 9
SEVEN whole law professors?!?!

Here I was thinking that what mattered was every single judge who has ruled on the issue, 125+ years of accepted understanding of the 14th, and centuries of common law on the contours of jus soli. But if you have SEVEN law professors, man, WOW.
Less sarcastically, this article has a GLARING flaw: dual citizenship. Many children of U.S. citizens acquire foreign citizenship at birth under jus sanguinis and so would not have an "exclusive" allegiance to the US under this theory. That can't be right.
Image
If "exclusive allegiance" is required, then how could that cover Wong Kim Ark himself, who was a dual national?

Hamburger's answer is that U.S. law at the time did not recognize dual nationality. That's a bizarre answer that raises more questions than it answers. Image
Read 8 tweets
Apr 6
The overwhelming majority of Americans (polls show over 80%) oppose the deportation of people like this woman. In every previous administration, including Trump's first, this woman would not have been a priority for enforcement.

What are we doing here? This is wrong.
You can't get a fiancé visa from inside the country, and thanks to failed laws Congress passed 30 years ago, getting a green card through her husband could be either near-impossible or could take 3-5 years minimum. It's not as simple as most people think.
In 1996, Congress said that people wanting to get a green card through a US citizen spouse, who had originally entered illegally, had to leave the US and get a visa, which triggers a 10-year ban on reentry.

Waivers exist, but that process can take years.
Read 13 tweets
Feb 25
A truly AWFUL situation; last week Border Patrol dropped a “nearly blind” Burmese refugee off in front of a random donut shop in Buffalo, five miles from his house.

He was just found dead, having never made it home. Image
It is truly enraging. To take someone so vulnerable and to drop them off so far from their home in the middle of winter without notifying family? It was a recipe for disaster. And I doubt anyone will be held accountable.
Read 4 tweets

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