BC SOCIETY
Saved by @jay_millerjay

We finally have the U.S. Citizenship Act Bill Text! I'm going to go through some portions of the bill right now and highlight some of the major changes and improvements that it would make to our immigration system.

Thread:

 First the Bill makes a series of promises changes to the way we talk about immigrants and immigration law.

Gone would be the term "alien" and in its place is "noncitizen."

Also gone would be the term "alienage," replaced with "noncitizenship."
Now we get to the "earned path to citizenship" for all undocumented immigrants present in the United States on January 1, 2021.

Under this bill, anyone who satisfies the eligibility criteria for a new "lawful prospective immigrant status" can come out of the shadows.
So, what are the eligibility criteria for becoming a "lawful prospective immigrant status"? Those are in a new INA 245G and include:

- Payment of the appropriate fees
- Continuous presence after January 1, 2021
- Not having certain criminal record (but there's a waiver)
After a person has been in "lawful prospective immigrant status" for at least 5 years, they can apply for a green card, so long as they still pass background checks and have paid back any taxes they are required to do so by law.

However! Some groups don't have to wait 5 years.
Specifically, the bill incorporates the Dream Act, the American Promise Act, and the Agricultural Workers Act.

People who qualify or have DACA, who have TPS, and who have been farmworkers for at least five years, can apply directly for a green card with the 5 year wait.
There ARE some individuals who are present on visas who would be able to apply for "lawful prospective immigrant status," including:

- Spouses/children of qualified individuals
- H-2As
- Anyone who has "has engaged in essential critical infrastructure labor or services'"
Going back to the criminal bars, first the law excludes those who are inadmissible for pretty much all criminal-related grounds of inadmissibility, or any felony, or 3 misdemeanors (excluding most cannibis-related offenses).

However! There are waivers.
Specifically most of the criminal-related inadmissibility-related grounds are waivable, although not all of them. Even some felonies (but not all) would be waivable if they had occurred at least 10 years in the past (5 for misdemeanors) and there have been no new convictions.
Importantly, anyone who was facially eligible for this new status could NOT be deported while they went through the process.
I'm going to take a break on this thread now because there is a LOT here and otherwise this thread is going to be 500 tweets long.

Will come back to the bill in a little bit later.
Back to the bill! There's a whole lot of provisions about judicial review and challenges to the system of implementing the new path to the system which I'm going to skip, because frankly it's only a tiny few people who will care enough to dig into it (pages 58-61, folks).
Continuing with the path to citizenship, the bill would allow anyone who applies for the status to work legally in the interim while the government processed the application—which given the number of applicants could be a long time.
Moving now to the changes to the legal immigration system! First, we have the expansion of "V visas" to any family-sponsored immigrants, allowing them to come to the US in the meantime, rather than wait decades outside the United States for the visa to become available.
Next, we have a HUGE provision redefining what a "conviction" is under immigration law.

It would exclude any convictions which were "dismissed, expunged, deferred, annulled, invalidated, withheld, or vacated"—all of which currently count to block people.
The bill also resurrects an old provision of immigration law killed decades ago called "judicial recommendations against removal."

These allow a criminal court judge to declare that a person's conviction should not provide grounds to deport them—with ICE allowed to weigh in.
For those interested in crimmigration issues, the bill also expands the definition of a "petty offense" that doesn't provide grounds for deportation, expanding it to two offenses, not just one.
Another very important provision restores a general waiver for most grounds of deportability and inadmissibility, that would apply both in immigration court and for the adjudication of benefits.

This would restore authority killed in 1996 by a "tough on crime" Congress.

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Aaron Reichlin-Melnick
Aaron Reichlin-Melnick
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There is a LOT to like about this bill. I want to highlight some of the proposed changes beyond just legalization, including:

- Ending the 3 & 10 year bars
- Curbing the "Muslim ban" authority
- Preventing "aging out" of children on nonimmigrant

Today's press release says the new bill will revoke the 1996 immigration bill's creation of 3 and 10 year bars to getting a visa for those who have been present unlawfully in the US for 6 months or over a year.

Here's @immcouncil's fact sheet on the bars:

The new bill has multiple provisions designed to reduce the current green card backlogs, which for nationals of some countries like India, China, Mexico, and the Philippines, can mean the process of obtaining a green card can take 20+ years (or even longer in some cases).


The bill would also create similar reforms for the employment-based immigration system, where backlogs are even worse. Under the current system, some Indian nationals seeking a green card are predicted to have a 100+ year wait for a visa! The new bill would do a lot to fix that.


This particular provision would be a welcome change for thousands of people who grow up in the United States as a "derivative" on their parents' nonimmigrant work visas.

Under current laws, they have to leave the US when they turn 21 (if they can't get another visa).
GOVERNMENT
Aaron Reichlin-Melnick
Aaron Reichlin-Melnick
@ReichlinMelnick
🚨 The June "Death to Asylum" regulation has been finalized. It is set to go into effect on Monday, January 11, just nine days before inauguration.

https://t.co/tQGwoRrjjW


Under this new rule, one of Trump's last parting body blows to the United States' system of humanitarian protection, none but the lucky few will be able to win asylum.

The regulation creates near-total bans on asylum for wide swathes of people and herculean procedural barriers.


Before I get into just how horrific this new anti-asylum regulation is, a picture of Petra I took this morning to soften the blow of what is a terrible thing to read through—even though the Biden administration will be working to end it ASAP and court challenges are certain.


Back to the new regulation, which I wrote about in June when it was first proposed.

Today, the Trump administration says that they have "generally adopt[ed] the [Notice of Proposed Rulemaking] with few substantive changes." Meaning it's just as bad.

The Trump administration's anti-refugee policies show right at the start.

To them, refugee protections are first about "protecting [our] own resources and citizens" and only secondarily about protecting people from persecution.

That's what led us to turn away Jews in the 1930s.
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Aaron Reichlin-Melnick
Aaron Reichlin-Melnick
@ReichlinMelnick
A comprehensive new @HouseJudiciary report on family separation puts to bed any suggestion that the Trump administration intended to reunite families.

One damning new revelation? Former CBP head Kevin McAleenan tried to keep separations going after a court ordered them to stop. https://t.co/ORVnsA6fKi
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Aaron Reichlin-Melnick
Aaron Reichlin-Melnick
@ReichlinMelnick
Just jumped into listening to the Tipton status hearing in the Texas case and the Texas AG just said something wildly incorrect, that all 14,000 people held in ICE detention would be released—but that's just completely wrong. It only applies to those with final orders!

Tipton, admitting his lack of knowledge on immigration law, asks a series of questions about detention that suggests he completely buys into Texas's argument that anyone with a criminal record is per se dangerous. But they served their time! If they were a citizen they'd be out.

Kirschner pushing back on Tipton and the AG's focus on detention, making clear that the case is about "removal," not detention. He asks Tipton to lay out his questions fully so they can answer them.

Texas's AG office completely botches Zadvydas, claiming that if removable is not foreseeable the government has no authority to detain them.

That is simply false (DHS can always continue to detain on public safety grounds), and @CodyWofsy jumps in to correct that issue.

Pushing back, @CodyWofsy makes clear that "as a practical matter, people who have final removal orders are often detained for years," including in circumstances where there are practical issues with their removal (diplomatic issues, e.g.) and Texas's claim was just wrong.
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Aaron Reichlin-Melnick
Aaron Reichlin-Melnick
@ReichlinMelnick
New! @DOJ_EOIR is *finally* moving forward with its long-planned deployment of electronic filing at the immigration courts, through a new Notice of Proposed Rulemaking that may hopefully bring the agency into the 21st century.

Digging into it now.

https://t.co/f1itGIMseK


In the new Notice of Proposed Rulemaking, EOIR is proposing to expand its e-filing pilot program (ECAS) to all immigration courts nationwide.

ECAS post-dates my time in immigration court so I'll defer to others on how well that system has worked so far.


EOIR proposes that all new cases in immigration courts which implement the new e-filing programs would get an "electronic Record of Proceedings" rather than a paper file.

BUT—this would only apply to NEW cases. The current 1.25 million cases would not be converted to electronic.


Once the new electronic filing system is in place at a court, all attorneys (including DHS) will be required to file documents electronically, with limited exceptions allowing judges to accept some documents in open court.

BIA-accredited reps will have to opt-in to e-filing.


Under the proposal, law students and law grads who practice in immigration court would be required to file all documents through their attorney supervisor's account, and additionally mandate for the first time that the supervisor enter an appearance and appear for all hearings.
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absolutely disgusted with politicians that have the "Israel first" mentality instead of America first. I will not do anything for special interests, nor will I accept money from AIPAC or big Pharma.  I will work for YOU the Legal American Citizen. We need to get rid of & hold

accountable these bought off satanic perverts in office and stop the madness. Wisconsin should be a leader in agriculture thus I'll make efforts to kick Bayer/Monsanto out of our state with their glyphosate & round up ready seeds and find ways to hold them accountable for the

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