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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
Sep 15
Trump here uses the phrase "remigration." I was unfamiliar with the term, so I googled it.

Wikipedia describes it as a "far-right and Identitarian political concept" largely used to describe the mass deportation of non-white immigrants and their descendants from Europe.
Image
Needless to say, the use of such a loaded far-right term suggesting a purge of non-white people in the US far greater than described would itself be newsworthy in a normal world. But given how much else has happened just in the last 24 hours, it's barely even been noticed.
Yep, though given how poorly Operation Janus did the first time around and how tough it is for the US government to denaturalize people, I suspect that’s more about driving support from the base than actual policy (which is not to say it shouldn’t be taken seriously).
Read 5 tweets
Aaron Reichlin-Melnick Profile picture
Sep 5
That's roughly $1,841 per person. By comparison, a bus ticket to New York costs about $215, while a flight costs about $350.

It would have WAY cheaper to just give migrants money for tickets. Abbott's effort not only made it a political stunt, it lined a contractor's pocket.
The overwhelming majority of migrants didn't want to stay in Texas. They wanted to go elsewhere. So if the question was the most efficient way to help them leave the state, the answer would be just buy them tickets and not pay millions to bus them to NYC.
They are able to live wherever they want while they go through the court process. It's just that many people used up every last cent to get here, so a free bus from Abbott was a very enticing option, especially since it was going to known option like NYC.
Read 5 tweets
Aaron Reichlin-Melnick Profile picture
Aug 19
It's here! The biggest executive action since DAPA/Extended DACA in 2014 just dropped on the Federal Register in the form of a "Notice of Implementation." Here's a 🧵on the Biden admin's new program for undocumented spouses and stepchildren of US citizens. public-inspection.federalregister.gov/2024-18725.pdf

Screenshot of the first page of the "Notice of Implementation" of the Keeping Families Together program.
Before I dive into the fine details, a reminder of why this new program matters.

Even though spouses of US citizens are eligible to apply for green cards, a 1996 law keeps that process out of reach for many undocumented immigrants. Read 👇 for more.
In June, Biden announced "Keeping Families Together," letting undocumented spouses of US citizens receive immigration "parole."

This would not only give deportation protections, it unlocks the path to a green card without risking 10 years of separation.
americanimmigrationcouncil.org/research/biden…
Read 18 tweets
Aaron Reichlin-Melnick Profile picture
Aug 16
Wow! Paxton is going after ANOTHER immigrant rights nonprofit. He's arguing that if any nonprofit engages in activities he thinks violate 501(c)(3) status, he can sue to shut it down.

That argument should send shivers through every nonprofit in the state! houstonchronicle.com/politics/texas…
Paxton is trying to punish @FIELHouston for social media posts which he argues run afoul of the limits federal law places on 501(c)(3) nonprofit status.

If judges accept that argument (and so far it seems they're not), it would put every nonprofit in the state at risk. Image
Paxton's efforts to destroy this particular nonprofit are happening simultaneously with two federal lawsuits in which FIEL is a plaintiff against Texas.

@MALDEF, which represents FIEL, argues this was "not accidental" and accuses him of fighting dirty. maldef.org/wp-content/upl…

The timing of Paxton’s proposed quo warranto petition is not accidental. Paxton filed his proposed petition while FIEL participates as a plaintiff in two civil rights lawsuits that challenge Texas’ election statutes, including one case that names Paxton as a defendant. This Court can take judicial notice of other litigation alleging retaliatory conduct by Paxton, including firing top assistants for good faith reporting of suspected illegal conduct. See Office of the Attorney General of Texas v. Brinkman, 636 S.W.3d 659, 663-70 (Tex. App.—Austin 2021, pet. denied). Paxton filed the instant a...
Just months earlier, on October 4, 2023, the Executive Director of FIEL testified at trial in LUPE v. Abbott regarding the negative effects of Texas SB1 on FIEL and its members (which afford the organization standing to sue and go to the merits of its claims). Paxton’s request for a temporary and permanent injunction here, including his request to temporarily “halt[] FIEL's operations in toto” and permanently dissolve FIEL’s existence (QW Pet. at 1, 4), seeks either an end-run around the federal court’s jurisdiction to determine the validity of the motion Paxton filed or to try to bootstrap...
Read 4 tweets
Aaron Reichlin-Melnick Profile picture
Aug 14
Not commenting on the election here, just noting that deporting what some estimate at half of all farmworkers in the country is the kind of thing that will cause grocery prices to go UP, not down.
The estimate I’m referring to is that half of all farmworkers are undocumented immigrants, currently.

Temporary agricultural work visas are nice, but they don’t come even close to filling the demand for labor on US farms/ranches/meatpacking plants.
The U.S. Department of Agriculture. The data is available here:

Data from the Center for Migration Studies shows that contrary many of the responses, most have been here for years, with no path to “fixing their papers” available. ers.usda.gov/topics/farm-ec…
cmsny.org/agricultural-w…



Image
Figure 3 depicts the percent of undocumented agricultural workers in the United States by their year of arrival. Only 8 percent of undocumented agricultural workers currently in the United States entered the country between 1990 and 1995, and 17 percent entered between 1995 and 2000. Nearly half of the undocumented agricultural workforce arrived between 2000 and 2010, having been part of the US economy for more than a decade. Only 30 percent of undocumented agricultural workers arrived in the United States within the past 10 years.
Figure 3. Percent of Undocumented Population of Agricultural Workers, by Year of Arrival Source: CMS calculations using the American Community Survey (ACS) data, Ruggles et al. (2021)
Read 5 tweets
Aaron Reichlin-Melnick Profile picture
Aug 11
Let's do a brief fact-checking 🧵 of this section on immigration. I'll start with 4 specific, provably false claims Senator Vance makes about VP Harris' record and the role she played in the Biden admin, each marked below. My count excludes claims which could arguably be opinion.
Image
First, Senator Vance claims VP Harris is "our border czar." As I've been arguing for years, this is simply false. Jon Karl himself pushes back on this, but I want to emphasize again that the role Biden assigned her was a diplomatic role, not a border role.
Second, Senator Vance claims VP Harris "assumed the title" of border czar.

This, again, is simply false. Since the beginning, Harris, the President, the White House, and Secretary Mayorkas have all consistently rejected the title and job description.
Read 10 tweets

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