The Trump administration now has barely 3 months to lock in any new regulations before a Biden administration possibly begins.

We can guess what this might mean for immigration policy…
1/
Trump& #39;s immigration hardliners must plan for a world where they& #39;re gone on Jan 20, 2021.

Any regulation not finalized by then can be ignored by Team Biden.

Any final reg not published by Dec 20 won& #39;t go into effect by Jan 20 & can be delayed.

2/
So expect to see DHS, DOJ, & @StateDept double down on finalizing any regulations that have already gone through notice-&-comment.

If they can get that done by Dec 20, a Biden admin would have to go through the same lengthy process to rescind that final regulation.

3/
Next up? An "interim final rule" to restrict H-1B visa eligibility just landed at OIRA (the White House office that gives final clearance to new regs).

Risky move to avoid public comments, making this easier to challenge in court.

See @NFAPResearch:
7/ #13f495377e4b">https://www.forbes.com/sites/stuartanderson/2020/09/07/regulation-to-restrict-h-1b-visas-moves-toward-final-step/ #13f495377e4b">https://www.forbes.com/sites/stu...
More interim final rules sitting at OIRA that could move soon:

"Asylum Interview Interpreter Requirement Modification Due to COVID-19"
https://www.reginfo.gov/public/do/eoDetails?rrid=130977

Biometric">https://www.reginfo.gov/public/do... collections by @CBP:
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201904&RIN=1651-AB12

Visa">https://www.reginfo.gov/public/do... Waiver Program changes:
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201910&RIN=1651-AB14

8/">https://www.reginfo.gov/public/do...
. @StateDept loves to issue final rules w/o public comment, claiming "foreign affairs exemption." At OIRA:

Bond requirement for tourists & business travelers (B visas)
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1400-AE99

Possible">https://www.reginfo.gov/public/do... rescission of a bunch of subregulatory guidance?
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1400-AF01
10/">https://www.reginfo.gov/public/do...
That& #39;s all for the immigration rules that are *officially* poised for publication soon as final regulations.

There are plenty of "proposed rules" also sitting at OIRA, but time& #39;s just about up to get any of them on the books by Inauguration Day. That said...

11/
DOJ also has a proposed rule under review to change the treatment of unaccompanied children at the border: 
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201910&RIN=1125-AA70

13/">https://www.reginfo.gov/public/do...
DHS has a queue of misbegotten proposed rules that could pop soon.

Constraining family-based immigration:
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1615-AC39

Messing">https://www.reginfo.gov/public/do... with int& #39;l students:
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1653-AA78

Eliminating">https://www.reginfo.gov/public/do... work permits for people with final orders of removal:
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1615-AC40
14/">https://www.reginfo.gov/public/do...
Other proposed rules sitting at OIRA seem less political, so they might just languish.

Constraining B visas:
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201910&RIN=1400-AE95

H-2As">https://www.reginfo.gov/public/do... for ranchers:
https://www.reginfo.gov/public/do/eoDetails?rrid=130899

Summer">https://www.reginfo.gov/public/do... work travel:
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1400-AD14

Intercountry">https://www.reginfo.gov/public/do... adoptions: 
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1400-AE39

16/">https://www.reginfo.gov/public/do...
Also unlikely to see movement on a proposed rule at OIRA on federal preemption state/local au pair laws...since au pairs can& #39;t travel to the US any more under Trump& #39;s work visa ban.

17/ https://www.wsj.com/articles/au-pairs-ensnared-by-work-visa-ban-11594126802">https://www.wsj.com/articles/...
There are many other cruel asylum regulations waiting to be finalized, which haven& #39;t made it to OIRA yet. Perhaps Trump& #39;s people are planning to rely on the CDC border closure until they know the election results?

18/
If Trump loses, these could be midnight regs entangling Biden.

Slower/fewer asylee work permits
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1615-AC19
https://www.reginfo.gov/public/do... href=" https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1615-AC27

Slashed">https://www.reginfo.gov/public/do... asylum eligibility
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1615-AC41

3rd">https://www.reginfo.gov/public/do... country rule
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1615-AC44

Entry">https://www.reginfo.gov/public/do... ban
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1615-AC34

19/">https://www.reginfo.gov/public/do...
There are few more final rules that don& #39;t appear to be on the front burner, but who knows?

Here is a regulation on Special Immigrant Juvenile petitions that was first proposed during the Obama era, then re-proposed last year, and awaiting a final reg:
20/
https://www.regulations.gov/docket?D=USCIS-2009-0004">https://www.regulations.gov/docket...
The Trump administration has put a bizarre amount of effort into rescinding the Obama-era International Entrepreneur Rule, despite its job creation potential.

Will they consume resources to kill it off now, at the 11th hour?
21/ https://www.boundless.com/blog/the-international-entrepreneur-rule/">https://www.boundless.com/blog/the-...
Welcome news for US universities & employers: The administration& #39;s rumored plans to kill Optional Practical Training (an interim step between student & H-1B visa) are nowhere close to implementation, at least as a regulation:
22/
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1653-AA76">https://www.reginfo.gov/public/do...
You can follow @doug_rand.
Tip: mention @twtextapp on a Twitter thread with the keyword “unroll” to get a link to it.

Latest Threads Unrolled: