Aaron Reichlin-Melnick Profile picture
Jun 11, 2021 24 tweets 14 min read Read on X
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.

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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.

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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.

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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.

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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.

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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.

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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.

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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."

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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."

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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.

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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

Oct 13
This makes NO SENSE. A 13-year-old was arrested by local police for unknown reasons, and then turned over to ICE, which is detaining him far away from his mother — who is going through immigration court, has an asylum application on file, and is legally authorized to work. Image
Important context from @TriciaOhio that I'm posting in the interest of fairness. I do not automatically trust it given that she has made multiple inaccurate claims in the past (including even yesterday). IF true, it would at least provide an explanation.
@TriciaOhio To be clear, absolutely none of that information is included in public reporting on this story and the Everett Police Department did not give any statement to the Boston Globe about the initial arrest. Tricia is the the first person to ever give this info.
Read 12 tweets
Oct 10
UPDATE: Judge Perry’s opinion blocking the Texas National Guard deployment in Chicago is out!

She begins with Alexander Hamilton’s rejection of a “preposterous” idea that the Constitution lets a President deploy a State’s militia to a different State for political retribution. Image
Judge Perry spends four pages going over the history of the debates around the Constitution as to the proper relationship of the President to a state militia, especially after overthrowing the British, who had maintained standing armies in the colonies against their wishes. Image
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The Trump admin says Trump is authorized to deploy the Texas National Guard to Chicago under the specific law below. They say there is:

- (2) a rebellion or danger of a rebellion against the authority of US
- (3) the President is “unable with regular forces to execute the laws.” Image
Read 6 tweets
Oct 5
Stephen Miller has now declared this Trump-appointed judge an insurrectionist.

To emphasize, the judge painstakingly examined all the protest happening in Portland before Trump activated the Guard. She noted that there hadn't been any violence at a protest since mid-July. Image
Here's how Judge Immergut summarized the last two and a half months of protests at the ICE facility in Portland; they "generally were limited to fewer than 30 people and were 'largely sedate.'"

Stephen Miller's efforts to claim insurrection in this decision is pure propaganda. Image
Here are the FOUR incidents the Trump admin said justified federalizing the Guard.

- Some protesters displayed a makeshift guillotine.
- A picture of an unmarked ICE vehicle was posted online.
- Protesters twice shined high-power flashlights at ICE officers' faces.

That's it. Image
Read 12 tweets
Oct 2
In this raid, they dragged naked children out of their homes and put them into U-Haul vans. And now they're bragging about it.

U.S. citizens had their doors smashed down and were forced into handcuffs and held outside for hours. Senior citizens held outside, their homes trashed. Image
It was 37 people in the raid highlighted in the video posted by @DHSGov. The 900 number is for the entire Chicago operation over the last couple weeks.
Read 4 tweets
Oct 2
This is FALSE. The first thing Vance describes is Emergency Medicaid — not a "Biden" program, from 1986, and not eliminated in the OBBBA.

The second is Cuban/Haitian Entrant Assistance from 1980 (also not Biden-era), and was EXCLUDED from the OBBBA Medicaid cuts (see highlight)! Image
Provide a single piece of evidence that anything I posted above is wrong. One.

Am I lying that Emergency Medicaid (1986) and Cuban/Haitian Entrant Assistance (1980) are not "Biden-era"? Am I making it up that the OBBBA doesn't eliminate either?
So in response to my entirely correct statement that Vance is not telling the truth (in multiple respects) about what the Democrats are demanding in the shutdown, you bring up a completely unrelated issue that is not impacted by the shutdown debate at all?
Read 5 tweets
Oct 2
🚨A dangerous moment for America. If the normal police ever pulled something like this — pulling every single person out of an apartment building and handcuffing them to run checks — they would be sued into oblivion. It's beyond unconstitutional. Yet DHS is laughing about it!
🚨What @DHSGov pulled in Chicago on Tuesday is insanely unconstitutional. They raided an apartment building, smashed down every door and dragged entire families into the street, and detained everyone for hours ("Kavanaugh stops").

One U.S. citizen was held for FIVE HOURS. Image
@DHSgov 🚨Another U.S. citizen, a senior citizen, had his door smashed in and was dragged out of his apartment in zip ties. He was detained for THREE HOURS. No one at ICE or DHS ever showed him a warrant for anything. Image
Read 5 tweets

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