BC SOCIETY
Saved by @Alex1Powell

🚨 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. https://t.co/EhWm9MwzFe
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.
Despite over 80,000 comments in response to this rule, the overwhelming majority of which were in opposition to the rule, the Trump administration only made FIVE substantive changes.

It's clear that they never intended to respond to comments—and that'll doom them in court.
Before I go through those five substantive changes, I encourage people to check out my thread from June analyzing the proposed regulation.

It goes over in excruciating detail just some of the terrible changes—almost all of which have now been adopted. https://t.co/Wg31fcb0uZ
Okay, the 5 changes.

First, DHS/DOJ have partially walked back their original proposal to utterly ban new Particular Social Groups in motions to reopen if not presented early on, even when it was ineffective of counsel.

Old language: New language:
Second, DHS/DOJ have also partially walked back a proposal to ban claims of persecution on the basis of death threats without an attempt (i.e. even if someone said "I'm going to kill you tomorrow" that wouldn't have been enough).

Old: New:
Third, DHS/DOJ have decided to graciously agree that illegal entry by CHILDREN shouldn't be a "significant adverse discretionary factor" in asylum... but kept in place penalties against CHILDREN for:

- not applying for asylum in a third country; or
- using fraudulent documents
Fourth, DHS/DOJ have clarified some incredibly confusing language about when a brand new (and absolutely ridiculous) definition of a "frivolous" asylum application goes into place.
And the fifth and last "substantive change"... is to make the rule even worse by eliminating a requirement that people whose applications are at risk of being deemed frivolous be given a chance to respond to concerns and argue why their case isn't frivolous.

Truly despicable.
There were over 80,000 comments in opposition to this rule. @immcouncil and tons of other orgs submitted extensive comments identifying hundreds of problems with the rules... and DHS/EOIR made just 5 substantive changes (one making things worse) and 13 non-substantive changes.
In the response to the comments, DHS/EOIR puts into footnotes that the regulation will not apply to pending applications, but at NO point in the actual text of the regulation (the part judges apply) is that written.

There will absolutely be extensive confusion over this point.
On the point of whether these rules apply to pending cases, compare the frivolousness bar—which is very explicit that it only applies to new applications—to the general language around the new definitions of asylum law.

Why should we trust DHS/EOIR's footnotes on pending cases?
DHS/EOIR are keeping in place a provision that would place every person who passes a credible fear interview at the border into "asylum-and-withholding-only proceedings."

Under a separate rule—also coming soon—they'd get just 15 days to file for asylum!

https://t.co/Ev7x0sxEUB
The entire regulation is a disaster procedurally and legally. It is blatantly unlawful in multiple locations because it flies in the face of decades of precedent on asylum.

Just on those grounds alone, a court is likely to strike down the rule as unlawful. But there's more!
The rule is also a procedural disaster. DHS/EOIR offers conclusory and insufficient responses to almost all concerns raised in the comments, despite being required to do more.

As a result, the rule will likely be blocked on Administrative Procedure Act grounds. But there's more!
The DHS part of the rule is also vulnerable because as commenters raised (and multiple federal courts have already with them), Chad Wolf is not lawfully serving as DHS Secretary.

Since Wolf doesn't have the authority to promulgate this rule, the DHS rule is totally void.
So, to sum up: this is a terrifyingly awful attack on asylum that would threaten the very foundations of the United States' promises to protect the vulnerable—but like so many Trump policies, it was done so sloppily and unlawfully that it probably won't survive in court.
One of the very first things the Biden administration should do on taking office is to declared they will not defend the rule in court, and at the same time begin the process of formally eliminating the rule and replacing it with something much better that preserves asylum.
To give an example of what I mean by "conclusory and insufficient responses" to comments, check out this one, which can only be boiled down to "nuh-uh."
Another example of total failure to engage with comments?

DHS/EOIR says people are wrong that the rules create blanket bans on certain kinds of claims because they don't "categorically rule out types of claims."

In other words, it's not a ban if 1 in 1,000 can still win. 🙄

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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.
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Aaron Reichlin-Melnick
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Sitting down to work for the first day of the Biden presidency is a surreal feeling.

So much happened yesterday. I'm going to collect my threads here on yesterday's big immigration news.

First, we got key details of Biden's big immigration


Once Biden had officially taken office, we got the first major action. As part of a standard transition process, the Biden White House froze all regulations which Trump had been trying to finalize at the last hour. I did a thread on what we


Last night we started getting more changes. One of the first was an order telling CBP to stop putting people into the so-called "Migrant Protection Protocols," a cruel program that's left thousands in a dangerous limbo. But there's still more to do!


After that, we began getting the text of immigration executive orders. The first one put onto the White House's website was the order ending the Muslim Ban/Africa Ban and ordering the State Department to come up with a plan for reconsidering


The next immigration executive order put on the White House's website revoked a Trump executive order from January 26, 2017 which made all undocumented immigrants a priority for deportation and directed a DHS-wide review of immigration
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Aaron Reichlin-Melnick
Aaron Reichlin-Melnick
@ReichlinMelnick
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).
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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
POLITICS
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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2/ Dr. King delivered his speech in what he called the “hallowed spot” of the Lincoln memorial. More than a picturesque backdrop, King relied on America’s reverence for Lincoln and the common celebration of Lincoln’s words and acts, especially the Emancipation Proclamation.


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(Thread👇) Tell us if you can relate to any of these? Do you have your own values that guide your decisions? Share them with us! ⛳

0. Coder != engineer

Coders focus just on writing code to make something work. Engineers take a much wider view, focusing on both the problem and every aspect of the solution. 🤓

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Krugman is, of course, right about this. BUT, note that universities can do a lot to revitalize declining and rural regions.


See this thing that @lymanstoneky wrote:

And see this thing that I wrote:

And see this book that @JamesFallows wrote:

And see this other thing that I wrote:
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1/ A thread of comments & observations about the death of the cackling vampire Rush Limbaugh.

My first observations in the main thread are here, but this offshoot is needed because there's been so many wise & witty things I've


2/ First, re: those who in their wayward moral obtuseness feel we "can't speak ill of the dead." I've said that this is what abuse enablers say, but I hear that some religious traditions preach this. Oy.
So there's this: https://t.co/7Ky4RA3nkZ &


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I’ll address every nonsense argument and lie used to defend the suicidal gender ideology Thats in vogue today:

3:45 - “So what if you don’t have gametes?”

It’s called a birth defect. You’re still male or female.


~5:00 *nonsense trying to say the sexes of seahorses could be swapped coz male carry the eggs*

male doesn’t produce eggs, he produces the sperm. He’s still the male. If I impregnated a chick then carried the amniotic sac in a backpack ‘til the baby was done I’ll still be male🤦‍♂️

5:10 - we could say there’s 4 sexes of fruit fly cause there’s 3 producers of different sized sperm

No. They’re still producing sperm. They’re males. This is idiotic. Is this whole video like this? (Probably. 99% likely. Abandon hope.)

~6:10 - hermaphroditism and sequential hermaphroditism exists therefore....

No. Some animals being hermaphrodites, which is meaningless w/o the existence of binary sex to contrast it to, still doesn’t make gender ideology or transgenderism valid.

Intersex ≠ transgenderism 🙄

6:20 - bilateral gynandromorphism is a disorder in some species (not in humans). Has nothing to do w/ “gender” or transgenderism.

Ova-testes in humans are also a disorder, usually found in those w/ the karyotype disorders that you ppl also try to appropriate (extra X’s/Y’s).
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