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Aaron Reichlin-Melnick Profile picture
@ReichlinMelnick
Jun 11, 2021 • 24 tweets • 14 min read • Read on X
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The Uniform Regulatory Agenda is out and we now have our first OFFICIAL confirmation that the Biden administration is planning to issue its first big asylum rule through an "interim final rule," without going through notice and comment.

reginfo.gov/public/do/eAge… Image
I'm going to do a thread on all of the immigration-related new regulations and proposals included in the Spring 2021 Uniform Regulatory Agenda, which previews an administration's plans to create new regulations.

Here is a link to the full agenda. reginfo.gov/public/do/eAge…
Continuing on the theme of asylum, here is the Biden administration's preview of a *separate* asylum rule, that would go through notice and comment rulemaking, to follow the February 2 executive order that called on DHS and DOJ to strengthen asylum protections by regulation. Image
The Biden administration will also formally "rescind or substantively revise" two Trump regulations aimed at restricting eligibility for work permits to asylum seekers.

One is already blocked in full and the other has been partially blocked in court.

reginfo.gov/public/do/eAge… Image
The Biden administration will also formally rescind three Trump regulations—all currently blocked in court—that would have made it almost impossible for people to seek asylum. This includes the infamous "death to asylum" regulation.

reginfo.gov/public/do/eAge… Image
Moving way from asylum, the Biden administration previewed a new "public charge" rule that will likely put the more favorable old standards into regulations. This will be an "Advance Notice of Proposed Rulemaking," meaning they'll ask for early comment. reginfo.gov/public/do/eAge… Image
The regulatory agenda shows that the Biden administration is currently targeting August for their new regulation that would "preserve and fortify" DACA, as promised in a day one EO.

There will be a notice and comment period after the rule is proposed.

reginfo.gov/public/do/eAge… Image
Confirming comments that Secretary Mayorkas made at yesterday's conversation at the AILA conference, USCIS will be proposing a new fee rule this fall that rescinds the block-in-court Trump fees and proposes new fees.

reginfo.gov/public/do/eAge… Image
The Biden administration is also going to propose its own "specialty occupation" H-1B rule, which will also address "F-1 students who are the beneficiaries of timely filed H-1B cap-subject petitions." More details in the abstract.

reginfo.gov/public/do/eAge… Image
The Biden administration will also publish a rule to implement the 2020 Emergency Stopgap USCIS Stabilization Act which expanded "premium processing" for USCIS benefits. The rule, which will be a final rule, will set the new fees.

reginfo.gov/public/do/eAge… Image
There is also a series of actions that the Biden administration will take to rescind or modify a number of Trump immigration regulations, such as:

- The DOL discretionary review rule
- The Asylum Ban 1.0 regulation
- The Asylum Ban 2.0 regulation
- The COVID Asylum Ban ImageImageImageImage
The Biden administration says that it will formally withdraw the terrible proposed rule that would have ended "duration of status" admissions for student visas and that would have targeted students from many African countries with harsher visa rules.

reginfo.gov/public/do/eAge… Image
The Biden administration also seeks to move ICE into the 21st century by "allow[ing] delivery bond notifications requiring obligors to present noncitizens at ICE Offices or Immigration Courts to be issued electronically."

reginfo.gov/public/do/eAge… Image
Moving to the State Department, looks like there will be a State Department process similar to what USCIS did that asks for comments that "identify[] barriers that impede access to immigration benefits and fair, efficient adjudication of these benefits."

reginfo.gov/public/do/eAge… Image
Here's one of the more technical changes I've seen yet; the Biden administration proposes to make a technical amendment to an old State Department regulation that falsely suggests consular officers could grant Special Immigrant Juvenile Status.

reginfo.gov/public/do/eAge… Image
The Biden administration says that it will formally rescind the 2019 State Department "public charge" rule, given that "the 2019 [interim final rule] is based on a rule that is no longer the policy of the Department of Homeland Security."

reginfo.gov/public/do/eAge… Image
Here's a great new rule; the Biden administration will formally publish a "temporary final rule" that allows consulates to waive in-person appearances and oath requirements for "certain repeat immigrant visa applicants." That should help clear backlogs!

reginfo.gov/public/do/eAge… Image
On top of that temporary final rule on the waiver of in-person appearance at consulates, the Biden administration will also add a more permanent "limited exception to the general requirement that an immigrant visa applicant appear in person."

reginfo.gov/public/do/eAge… Image
There are also two new planned Notices of Proposed Rulemaking on exchange visitors, entitled "Records" and "Sanctions."

There is very little detail on what these rules would do.

Records: reginfo.gov/public/do/eAge…
Sanctions: reginfo.gov/public/do/eAge… ImageImage
On to the immigration courts! There are multiple proposals to modify or rescind Trump-era rules, such as:

- The 15-day filing rule
- The rule expanding the EOIR Director's authority
- The "no admin closure" rule
- The EOIR fee rule

3 of 4 of these are blocked in court already. ImageImageImageImage
The Biden administration will also reopen the comment period on two terrible midnight rules on motions to reopen and continuances that the Trump administration failed to get over the finish line. The goal will likely be to formally withdraw the rules after that. ImageImage
The Biden administration will also "rescind or modify" the 2019 rule on safe third country agreements that the Trump administration used to send nearly 1,000 people to Guatemala before the pandemic led to the asylum cooperative agreement being suspended.

reginfo.gov/public/do/eAge… Image
The Biden administration will issue an interim final rule rearranging the organizational structure of the Office of Legal Access Programs inside EOIR "to better facilitate the agency's mission." OLAP oversees legal orientation programs. reginfo.gov/public/do/eAge… Image
And that's it for new rules! There are a few parallel EOIR asylum rules that I didn't include here because they are effectively repeats of the DHS rules.

There are some lingering Trump-era rules still in the pipeline, too. I expect those to eventually be quietly withdrawn.

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More from @ReichlinMelnick

Aaron Reichlin-Melnick Profile picture
Jun 25
BREAKING: The Supreme Court rules 6-3 in favor of the Trump admin on Temporary Protected Status, blocking the lawsuit on jurisdictional grounds, allowing DHS to strip over 350,000 people of legal status even though they utterly failed to follow the required legal procedures. Image
The Supreme Court ALSO gives Trump another pass on racism, declaring that his bigoted comments against Haitians are actually not evidence of racism and that the plaintiffs cannot show evidence of racial bias, essentially plugging their ears and letting Trump spew filth as policy. Image
The upshot of this decision is that once it goes into effect, hundreds of thousands of people who have been living and working legally in the United States, some for many years, and many who entered completely legally, will lose their work permits and deportation protections.
Read 7 tweets
Aaron Reichlin-Melnick Profile picture
May 22
🚨 🚨 🚨 NEW: A shocking @USCIS memo seems to declare that hundreds of thousands of immigrants living in this country and applying for green cards must instead apply for visas abroad; which could MASSIVELY disrupt lives.

🧵 on what we know, and what we don’t. Image
People get green cards two ways:

1. Apply for an immigrant visa at a U.S. consulate abroad.
2. Apply for a green card while already in the USA.

The new @USCIS memo seems to say that most people in group 2 should generally be denied a green card and forced to apply abroad. Image
@USCIS Why does it matter if people have to apply abroad?

- It could force people to leave their jobs, homes, and families for weeks or months, all at their own expense
- Consular decisions are virtually unchallengeable in court, even when egregiously wrong
- Backlogs can be much worse
Read 13 tweets
Aaron Reichlin-Melnick Profile picture
Apr 29
Today the Supreme Court hears a case that will decide the fate of over 350,000 people currently living legally in the United States — and impact thousands more who are still in limbo.

So what is Temporary Protected Status and what is the case about? NEW 🧵 on the issue.
Temporary Protected Status was created to deal with the fact that sometimes, due to an outbreak of war, political crisis, or natural disaster, deportation becomes inhumane.

Without a law to address this, presidents responded on an ad hoc basis using inherent executive authority.
Before TPS, Presidents used a thing called "extended voluntary departure" to address these crisis. For example:

- Ford gave EVD to Lebanese in 1976 due to civil war
- Carter gave EVD to Ugandans in 1978 due to civil war
- Reagan gave EVD to Poles in 1981 due to Soviet crackdowns Image
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Read 15 tweets
Aaron Reichlin-Melnick Profile picture
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
Aaron Reichlin-Melnick Profile picture
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
Aaron Reichlin-Melnick Profile picture
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

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