Whoa, I was just today looking thru some legislative history for the 1980 act, for slightly similar reasons. Excited to read!
Posts by Philip Collins
Also curious how these could be considered “material”.
An EO that is already slated for litigation and sure to come before SCOTUS: the end of birthright citizenship. This EO chooses to interpret the constitution in a manner inconsistent with established case law in order to withhold citizenship from children born to an undocumented parent or parents.
This EO freezes the refugee resettlement program and paves the way for a dramatic lowering of the annual ceiling for refugees. Seeing reports that thousands of refugees cleared for entry have now been shut out by this order, including over 1600 Afghan refugees.
The 'Securing Our Borders' EO is another broad measure that, among other things, ends Biden's parole program for Cubans, Haitians, Nicaraguans, and Venezuelans and will take 'complete operational control' of the border, which includes 'prompt removal' of those entering unlawfully
The follow-up EO is a broad measure establishing 'Homeland Security Task Forces' meant to facilitate large-scale detention and removal of undocumented immigrants.
The next EO employs the use of the term 'invasion', invoking war-like terminology to declare an emergency at the southern border. It will mobilize armed forces the border in order to support the federal government's response.
The 'Initial Rescissions of Harmful Executive Orders and Actions' EO rescinds several Biden EOs related to refuge/asylum, including programs related to climate refugees and those seeking reunification of families separated under the 'Zero Tolerance' (family separation) policy.
The 4:00 pm updates are out now. This is an easy way to stay current with immigation policy develoments today all in one place.
austinkocher.substack.com/p/trump-ii-d...
Changes from the first week (so far): the CBP One App implemented by the Biden admin for the scheduling of asylum appointments is no more. This cancels an estimated 30,000 pending appointments for individuals and families who have patiently waited their turn to apply.
A number of immediate changes to refugee/asylum law and policy are expected under Trump 2.0, some having already been announced. This helpful tool will track every change throughout his term.
It's dumb, but I can't get over how the Al Otro Lado v. Mayorkas dissenting opinion used Beavis and Butt-head as an example as to why asylum-seekers at ports of entry have not 'arrived in' the US for the purpose of lodging an asylum claim.
Project 2025 Plan for Immigration Law All federal agencies will be under direct presidential control Dismantling the Department of Homeland Security and combining it with other immigration enforcement units in other agencies, creating a much larger and more powerful border policing operation Implement a politically oriented line of succession for agency decision-making purposes. Crackdown on DHS left wokeness Plan on the largest deportation program in American history Set financial disincentives for jurisdictions that implement either official or unofficial sanctuary policies No more “sensitive zones” where ICE personnel was previously prohibited. Rely on the good judgment of officers in the field to avoid inappropriate situations Repeal TPS for all countries Eliminate U and T visas. Until completely eliminated, will only be granted to victims of heinous crimes and truest and most deserving victims of crime Increase fees on applications and allow for fast-track if premium fees are paid The Secretary will not use the Secretary’s existing discretionary authority to increase the number of H-2B (seasonal non-agricultural) visas above the statutorily set cap. Limit student visas USCIS denaturalization unit 100 percent interview requirements for all appropriate cases. the diversity visa lottery repealed Family based visas only for nuclear family Employment visa program only for “best and brightest,” so doing away with H1B USCIS should make it clear that where no court jurisdiction exists, it will not honor court decisions that seek to undermine regulatory and subregulatory efforts Do away with SIJS Reissue public charge CBP will restart and expand use of the horseback-mounted Border Patrol.
CBP will issue NTAs only in limited situations for humanitarian reasons, such as medical emergencies. In addition, CBP should eliminate use of Notices to Report (NTR) altogether. More expedited removals throughout the country Build more detention centers Title 42 authority in Title 8. Tents for unaccompanied minors. HHS will no longer handle minors. It will be DHS No more PSG for asylum. At minimum, codify the holding in Matter of A- that gang violence and domestic violence are not grounds for asylum No more nongovernmental organizations (NGOs) to process and transport illegal aliens into and throughout the United States Congress should unequivocally authorize state and local law enforcement to participate in immigration and border security actions in compliance with Arizona v. United States Codify former asylum bars and third-country transit rules Install higher burden than credible fear Eliminate ambiguous discretionary language in Title 8 that aliens “may” be detained and clarify that aliens “shall” be detained for all regardless of criminal history Limit EADs Fully implement the Remain in Mexico Protocols Prohibit use of any funds for travel into the interior of the United States, and government flights or transportation for aliens provide authority for low-level temporary capacity (for example, tents) once permanent space is full Eliminate the use of ATD for border crossers except in rare cases and only with the explicit authority of the Secretary End ICE’s widespread use of termination and administrative closure of cases in immigration court Repeal any internal agency memo that is inconsistent with Plan 2025 Use of Blackie’s Warrants. ICE OPLA, ERO, and HSI should issue a joint internal memo on operationalizing Blackie’s Warrants for immediate use on worksite enforcement and other appropriate investigations and operations.
For imm attorneys and their clients who experienced the wild, nauseating ride of 2017-2020, we are not excited to be heading back into this chaos. Removal of birthright citizenship, eliminating TPS, and sunsetting asylum are about as restrictivist/nativist as you can get. (list not my own)
Important research being done here. After Tuesday's results, it's clear we need a better understanding of how to turn the perspective on immigration around.
My recent article for Opinio Juris on the last year of Biden border policies and their effect on asylum.
opiniojuris.org/2024/08/23/p...
Crazy world out here for us and for clients. Keep up the good work!
Eagle Pass, TX, I believe
This photo captures so much.
(credit: John Moore, Getty)