@USCIS; Former @HSGAC, @MigrationPolicy & Immigration Attorney; @GrinnellCollege & @IowaLawSchool
Mar 23, 2021 • 7 tweets • 2 min read
The lead point in this article is an important one: while we haven't reached record numbers of children (that may change this month), the speed at which the number arriving has increased IS a record.
And it occurs as government capacity has been limited by the pandemic.
But there is an implication that Biden is doing something different than his predecessors by not sending the kids back. That's not quite true.
In 2019 Trump implemented a litany of deterrence-focused asylum changes, but none affected the arrival & processing of UACs.
Jan 26, 2021 • 13 tweets • 3 min read
Even those casually following immigration are likely aware of the active role Trump's attorneys general played.
This participation entailed unprecedented use of "referral & review"... a power with a problematic & twisted journey beyond Trump...
More in my report out today⬇️
Referral & review dates back to a time when the immigration bureaucracy was housed within the Justice Department.
The power helped the attorney general to manage this system - knitting adjudications, rulemaking, & other decisions into one coherent immigration policy framework.
Aug 4, 2020 • 14 tweets • 5 min read
Like so many of the President's orders on immigration, yesterday's new executive order didn't change anything immediately.
BUT this one provision is hinting at some changes on H-1B visas that have been a long time coming.
Before the President even took office, there were a rash of high profile cases in which U.S. companies laid off their IT staff of U.S. nationals, outsourced the work to foreign companies, & those foreign companies brought in H-1B workers to do the job.
Jun 30, 2020 • 12 tweets • 5 min read
🚨Today the administration published the Unified Agenda-its biannual preview of upcoming regulations.
This is the Spring 2020 agenda. Delayed, I assume, because of the pandemic.
But also because of its size. This has TWICE as many new immigration regulations as the last one.
This agenda has been VITAL during the Trump administration because they accomplish SO MUCH via regulation (see migrationpolicy.org/research/immig…, and keep an eye out for its imminent update).
According to reports, next week's enforcement actions will focus (nearly) entirely families ordered removed on 10 immigration court "rocket dockets" the admin implemented last September.
I spoke with some attorneys this week about these "FAMU" dockets and they are A MESS ⬇️⬇️⬇️
First, off rocket dockets were used by the Obama administration too & there were serious concerns then: nbcnews.com/news/us-news/o…
BUT the FAMU docket is FAR more aggressive:
- mandates complete adjudication <1 year (Obama just mandated 1st hearing within a month)...
May 22, 2019 • 8 tweets • 3 min read
🚨🚨🚨 This morning the administration published the Spring 2019 Unified Agenda!
As I've said before, this is the closest you can get to a Trump immigration agenda crystal ball.
And here are some notable items 👀⬇️⬇️⬇️
PUBLIC CHARGE
USCIS & DOJ updated estimates on publication of the final regulations on immigrants who can be held inadmissible for public charge concerns: September 2019 & June 2019 (respectively).
The 9th Circuit’s decision yesterday to allow MPP/Remain in Mexico to go forward pending appeal is surprising.
Perhaps the least surprising part is the Circuit disagreed w/the lower court’s interpretation of the confusing provision of federal immigration law on which it’s based.
But I am shocked they thought notice and comment procedures weren’t merited considering the elaborate and detailed procedural changes required to pull off MPP.
Not the least of which is the creation of an entirely new fear interview: the MPP assessment.
May 7, 2019 • 7 tweets • 3 min read
Soon after the Trump admin took office, I started keeping a list of the immigration-related changes they made.
It ended up being wildly handy & I referenced it regularly.
Today we published that list. Including all 200+ changes.
Some interesting bits:
Of course, this administration has received a lot of attention for their work on border security & interior enforcement. But those efforts have included some creative, under-the-radar work, like unprecedented use of visa sanctions to get countries to accept deported nationals (8)
Mar 28, 2019 • 7 tweets • 4 min read
If you sense looming anxiety in the #immigration world, it might not just be the chaos of the southern border. We are also waiting for many, many, MANY shoes to drop...
As recent DOS numbers preview, this reg could usher in BIG, BIG changes.
Jan 28, 2019 • 4 tweets • 2 min read
!!! For Remain in Mexico, @USCIS is creating a NEW type of interview: an MPP assessment.
This looks like a reasonable fear interview, with one key difference: the officer assesses whether or not the asylum seeker is barred from ultimately receiving asylum or withholding...
Those bars (pictured below), are difficult to assess during a full adjudication in court. But for migrants subject to MPP, they'll have to argue them w/in days or hours of first asking for asylum, & they CANNOT have an attorney present.