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Aaron Reichlin-Melnick Profile picture
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14 Jun, 4 tweets, 2 min read
Absolutely do not—and I can't repeat this enough—piss off a federal judge in his own courtroom.
Oh man now I've gone down the rabbit hole of this incident and a genuine thank you to the reporter for embedding all the relevant documents in this article.

I repeat my previous advice; do not ever piss off a federal judge in his, her, or their courtroom. rapidcityjournal.com/news/local/cri…
This transcript where Judge Kornmann gets told "national policy says we're going to ignore you" is incredible.

Judge Kornmann: "I don't know whether to cite you or the Marshal or both."
Chief Deputy U.S. Marshal: "I would prefer neither."

/he cited both bloximages.chicago2.vip.townnews.com/rapidcityjourn… ImageImage
I mean, you kinda have to feel for the Chief Deputy Marshal here, who's just following what he's been ordered do by DC headquarters, which is likely why Kornmann also cited the Chief of Staff of the U.S. Marshals in DC for contempt(!). Image

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More from @ReichlinMelnick

Aaron Reichlin-Melnick Profile picture
16 Jun
!! AG Garland just vacated Matter of A-B- I & II and Matter of L-E-A-, taking the first major step towards restoring asylum law to what it was before Sessions and Barr took over.

A-B-: justice.gov/eoir/page/file…

L-E-A-: justice.gov/eoir/page/file… ImageImage
This is a huge day not just for restoring the rule of law in asylum adjudications, but also for Ms. A-B- herself, who has now been fighting her case for over six years. Same goes for L-E-A-. We can never forget these are individual peoples' cases.
Importantly, A.G. Garland does not set any new asylum law through his decisions in A-B- and L-E-A-'s cases.

Instead, he just vacated the decisions in favor of future rulemaking that they've suggested will come in the fall, requiring judges to go back to the pre-Trump precedent. Image
Read 7 tweets
Aaron Reichlin-Melnick Profile picture
15 Jun
Smugglers lie to people. They said Trump was allowing all families to enter. They say Biden promised not to deport anyone who comes now. All lies. It's what they do.

So the idea that we can't ever help immigrants because if we did smugglers might lie about it is profoundly dumb.
Let's be serious. When Congress is debating amnesty, smugglers say "Now's your best chance."

When Congress is debating border restrictions, smugglers say "Now's your best chance."

It doesn't matter who's in the White House or not, smugglers will say "Now's your best chance."
If someone tells you that Biden is to blame for smugglers selling "now" as the time to come to the border, remind them that the highest number of families ever to come to the border happened in 2019 under Donald F*cking Trump just months after family separation!
Read 5 tweets
Aaron Reichlin-Melnick Profile picture
14 Jun
Great news! 🎊 The Biden administration just said it will review pending U visa applications to determine if they are "bona fide," which makes the applicant eligible for deferred action and a work permit.

Currently it takes 4+ years to get to that point!
uscis.gov/sites/default/… ImageImageImage
The current U visa process is so broken that an applicant has to wait from 4-6 years just to have USCIS determine if their application is bona fide, then wait another 15 years for a visa.

Today's policy change eliminates that first delay. Only Congress can fix the second.
Right now USCIS is processing applications for U Visas that were filed on June 30, 2016—nearly FIVE YEARS delay from the time the application was filed until the point that an applicant can get any benefit.

The new policy change will fix this absurd outcome. Image
Read 4 tweets
Aaron Reichlin-Melnick Profile picture
11 Jun
This week was not a great one for the Biden administration's goal of emptying out the "emergency influx shelters" for migrant children. We began the week with 16,037 children in HHS custody and ended the week with 16,035 children in HHS custody, a complete wash.
The Biden administration's progress in discharging children from HHS custody continues to be worryingly inconsistent. Here are daily averages over the past four weeks.

This week: 459/day
2 weeks ago: 496/day
3 weeks ago: 533/day
4 weeks ago: 488/day

Not the direction needed.
Making matters worse, at the same time as discharges at HHS are slowing, the number of unaccompanied children arriving at the border has begun to creep back up after falling from late March through mid-May. This week saw the highest daily average since late April.
Read 4 tweets
Aaron Reichlin-Melnick Profile picture
11 Jun
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
Read 24 tweets
Aaron Reichlin-Melnick Profile picture
1 Jun
MPP was created by policy memo and now it’s been formally revoked by policy memo.
Here is a link to the formal memorandum terminating MPP that Secretary Mayorkas signed today.

It's a 7-page memo—significantly longer than the memo creating MPP. That's likely designed to insulate it from legal challenges.

dhs.gov/sites/default/…
Mayorkas highlights three main reasons to terminate MPP.

First, he notes that MPP "does not adequately or sustainably enhance border management in such a way as to justify the program's extensive operational burdens and other shortfalls." As an initial matter, my re...
Read 7 tweets

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