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Aaron Reichlin-Melnick Profile picture
@ReichlinMelnick
Sep 5 • 10 tweets • 4 min read • Read on X
🚨NEW: Reversing *generations* of practice, the Board of Immigration Appeals gives ICE exactly what it demanded, ruling that any undocumented immigrant who entered illegally is categorically ineligible to ask a judge for bond — expanding mandatory detention by millions of people. Image
The new decision comes after the Trump admin announced in July that it would take the legal position that a 1996 law barred release on bond anyone who crossed illegally — despite no admin having EVER made that claim before. Now the BIA greenlights that completely novel argument.
The Board of Immigration Appeals has upheld grants of bond to people in this situation THOUSANDS of times in the past. NO ONE previously put forward the argument that they greenlit today — one that they claim is just a straightforward application of the law, not even ambiguous.
The upshot of this decision is that garden variety undocumented immigrants living here for decades without any criminal history will now be barred from asking an immigration to release them on bond.

ONLY visa overstays and people with legal status will be eligible for bond.
Making matters worse, because of restrictions on appealing decisions of the Board of Immigration Appeals in bond cases, it may take years before any challenges to this decision can be heard on direct appeal. It may take individual or class action habeas lawsuits to fight this.
There are procedures for revoking bond and ICE already has widespread leeway for doing so (and has been taking bond away from many people). I expect that they'll ramp up arrests at ICE check-ins; and now those people won't be able to ask for bond again.
Nope. Goes into effect immediately and judges will begin denying bond on this rationale potentially even today (if there are some West Coast cases still to be heard). There will be an appeal, but litigants would have to win in each Circuit to overturn it.
Notably,there's actually already one class action victory on this in Washington state, where a federal judge ordered immigration judges to hear bond, and there's actually a pending class action habeas already filed. So this is being challenged now. aclu.org/press-releases…
Importantly, there will be a preliminary injunction hearing next Friday on that ACLU lawsuit. The judge previously granted a temporary restraining order specific to the plaintiffs, and indicated deep skepticism towards the government's claims — the same ones the BIA upheld here. Image
Link to the TRO decision here:

If Judge Sykes grants the preliminary injunction and certifies a class, as I read the class definition, it would effectively nullify this new BIA decision. storage.courtlistener.com/recap/gov.usco…Image

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More from @ReichlinMelnick

Aaron Reichlin-Melnick Profile picture
Sep 3
🚨 The Trump admin is moving to de-legalize more than a quarter of a million Venezuelans who have been here for at LEAST four years.

The vast majority entered before Biden took office (often on tourist visas) and were previously granted deportation protections by Trump himself.
Trump is now moving to strip protections and deport the same people that he himself granted deportation protections to in his last week in office in 2021.

Trump’s order said protecting noncriminal Venezuelans from being sent back to Maduro was a matter of U.S. national interest. Image
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Trump's DED order for Venezuela applied to anyone here before January 20, 2021. Only weeks later, Secretary Mayorkas granted Temporary Protected Status to Venezuelans here before March 9, 2021. So effectively speaking, this is the same group of people that Trump protected.
Read 10 tweets
Aaron Reichlin-Melnick Profile picture
Sep 3
🚨NEW: Declarations filed in the lawsuit against the rushed attempt to deport 600 Guatemalan children reveals the chaotic way the Trump admin carried out the operation.

Children were taken out of bed after midnight to be rushed onto planes. One girl "was so scared she vomited." Image
Other declarations directly refute the Trump admin's claims that the children's parents requested their return to Guatemala.

One dad in Guatemala says he got "a strange call" two weeks ago saying that his daughter was about to be deported — despite never having asked for that. Image
One 17-year-old describes what happened to him on Sunday night. He says he was woken up at 2:00 in the morning and told to get his things. He was scared, so he prayed to God and hoped he'd be protected.

Throughout the fateful morning, no one told him what was happening. Image
Read 8 tweets
Aaron Reichlin-Melnick Profile picture
Sep 2
NEW: The Trump admin plans to double the number of immigration judges, ordering hundreds of military lawyers to serve as immigration judges, despite flimsy legal authority to do so.

Notably, immigration law is infamously complex, and judges normally require months of training.
Many former JAGs serve as immigration judges today, having gone through a competitive hiring process. JAGs are often good lawyers, so I am not of the belief that they will all become rubber stampers. But the command pressure to deny will undoubtedly be *enormous.*
Indeed; the Trump admin has actually fired dozens of judges already and moved to purge many of the Biden appointees.

While I don’t believe military judges will be ordered to deny, they will undoubtedly be pressured to do so. And their inexperience will cause serious issues.
Read 8 tweets
Aaron Reichlin-Melnick Profile picture
Aug 19
NEW: McCarthyism returns to immigration law, as @USCIS announces that it will begin screening applicants for immigration benefits for "Anti-America ideologies or activities." The term has no prior precedent in immigration law and its definition is entirely up to the Trump admin. Image
The full policy memo is here. The Trump administration says that it will use its discretion to deny immigration benefits to anyone it deems to have supported a group with "anti-American ideologies" or engaged in "ant-American activities." uscis.gov/sites/default/…
The new policy on "anti-Americanism" and discretionary benefits comes just days after the Trump admin tightened standards for naturalization, ordering a more searching analysis of whether applicants for citizenship have met the required "good moral character" standard. Image
Read 4 tweets
Aaron Reichlin-Melnick Profile picture
Aug 14
ICE used your taxpayer dollars to trick out a bunch of trucks in new livery, all painted black with "ICE" and a logo printed in gold on the side (and Trump's name in gold on the back window), then shoot a rap video in DC to post on social media.

I am not making this up.
Imagine fitting that thing through narrow streets or alleyways when you’re trying to do an enforcement operation in a city.
UPDATE: this is why open records laws are so important. An eagle-eyed user on Blue sky found a government purchase record for this video.

DHS reports that it spent almost $300,000 alone on just buying the Ford and GMC pickup trucks for this ad; before counting any other costs. Image
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Read 4 tweets
Aaron Reichlin-Melnick Profile picture
Aug 12
Trump's people at DHS are referencing here "Which Way, Western Man," a book by white supremacist William Gayley Simpson that was published by an American Neo-Nazi organization, the National Alliance.

In the book, Simpson argued that Hitler was right and Jews must be killed. Image
To be blunt; the propagandists running @DHSgov are deliberately pushing thinly-veiled neo-Nazi material through the official communications channels of the U.S. government. Their goal is stirring outrage (to which they will express fake outrage) and signaling to their followers.
@DHSgov Calling it now, @DHSgov is going to post a recruitment ad entitled “Our Struggle,” and will call you a lunatic if you even dare to suggest that’s a reference to Mein Kampf (“My Struggle”), even though it obviously will be.
Read 4 tweets

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