Thread by @doug_rand, The Trump administration now has barely 3 months to lock in any [...]

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's immigration hardliners must plan for a world where they'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'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/

First up: The gigantic USCIS immigration fee hike.

Final rule published on Aug 3; effective date Oct 2 (though it's being challenged in court right now).

4/ https://www.boundless.com/research/uscis-fee-hike-immigrants-affected/

USCIS Fee Hike: How Immigrants Are Affected - Boundless

A new Boundless report uncovers what the U.S. government's proposed fee increases mean for immigrants.

https://www.boundless.com/research/uscis-fee-hike-immigrants-affected/

This Friday, the CDC will publish a final rule allowing the gov't to "expel"—without due process—anyone unauthorized to cross the southern border, effectively shutting down asylum protections.

This began as an "Interim Final Rule" on March 23.

5/ https://www.propublica.org/article/leaked-border-patrol-memo-tells-agents-to-send-migrants-back-immediately-ignoring-asylum-law

Leaked Border Patrol Memo Tells Agents to Send Migrants Back Immediately — Ignoring Asylum Law

Citing little-known power given to the CDC to ban entry of people who might spread disease and ignoring the Refugee Act of 1980, an internal memo has ordered Border Patrol agents to push the…

https://www.propublica.org/article/leaked-border-patrol-memo-tells-agents-to-send-migrants-back-immediately-ignoring-asylum-law

Also this Friday (Sept 11), USCIS will publish a *proposed* rule to massively expand the biometrics demanded of immigrants & US citizens.

Public comments due on Oct 13.

Clear attempt to railroad a final rule before a Biden administration comes in.
6/ https://www.buzzfeednews.com/article/hamedaleaziz/trump-immigrant-biometric-info-applications

Trump Wants To Force Immigrants To Submit Eye Scans, Voice Prints, And DNA

“They’re using what is overly general language in the law to justify a massive, unprecedented expansion to collect really personal information," one former immigration official said.

https://www.buzzfeednews.com/article/hamedaleaziz/trump-immigrant-biometric-info-applications

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/ https://www.forbes.com/sites/stuartanderson/2020/09/07/regulation-to-restrict-h-1b-visas-moves-toward-final-step/#13f495377e4b

Regulation To Restrict H-1B Visas Moves Toward Final Step

The Trump administration will soon publish a rule to restrict H-1B visas. Companies are expected to challenge the rule in court.

https://www.forbes.com/sites/stuartanderson/2020/09/07/regulation-to-restrict-h-1b-visas-moves-toward-final-step/#13f495377e4b

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

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

8/

Plus some final rules sitting at OIRA that affect the immigration courts:

"Procedures for Asylum and Bars to Asylum Eligibility"
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1125-AA87

EOIR fee hike:
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1125-AA90

9/ https://www.cbsnews.com/news/asylum-officers-proposed-rule-coronavirus-public-health/

Asylum officers say proposal weaponizes public health to advance hard-line Trump agenda

The civil servants in charge of adjudicating asylum requests said a proposed rule could place migrants eligible for protection in harm's way.

https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1125-AA87

. @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 rescission of a bunch of subregulatory guidance?
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1400-AF01
10/

That'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's just about up to get any of them on the books by Inauguration Day. That said...

11/

Expect some proposed rules to come out of nowhere between now and Election Day, if only to capture headlines & gin up Trump's base.

For example, OIRA is sitting on an odious expansion of the "public charge" rule to lawful permanent residents by DOJ.

12/ https://www.reuters.com/article/us-usa-immigration-benefits-exclusive/exclusive-trump-administration-proposal-would-make-it-easier-to-deport-immigrants-who-use-public-benefits-idUSKCN1S91UR

Exclusive: Trump administration proposal would make it easier to deport immigrants who use public...

The Trump administration is considering reversing long-standing policy to make it easier to deport U.S. legal permanent residents who have used public benefits, part of an effort to restrict immigr...

https://www.reuters.com/article/us-usa-immigration-benefits-exclusive/exclusive-trump-administration-proposal-would-make-it-easier-to-deport-immigrants-who-use-public-benefits-idUSKCN1S91UR

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/

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 with int'l students:
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1653-AA78

Eliminating work permits for people with final orders of removal:
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1615-AC40
14/

To the immense anxiety of ~100k spouses of H-1B workers, a proposed rule to strip them of work permit eligibility has been sitting at OIRA since early 2019.

Will DHS publish it, if only for political purposes during election season?

cc @SaveH4EADs
15/ https://www.npr.org/2018/09/24/650520165/high-skilled-immigrants-call-out-the-trump-administrations-hypocrisy

High-Skilled Immigrants Call Out The Trump Administration's 'Hypocrisy'

The White House says it wants an immigration system that prioritizes high-skilled workers. But critics say the administration is making it harder for those immigrants to live and work here.

https://www.npr.org/2018/09/24/650520165/high-skilled-immigrants-call-out-the-trump-administrations-hypocrisy

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 for ranchers:
https://www.reginfo.gov/public/do/eoDetails?rrid=130899

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

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

16/

Also unlikely to see movement on a proposed rule at OIRA on federal preemption state/local au pair laws...since au pairs can't travel to the US any more under Trump's work visa ban.

17/ https://www.wsj.com/articles/au-pairs-ensnared-by-work-visa-ban-11594126802

Au Pairs Ensnared by Work Visa Ban

President Trump’s temporary ban on work visas comes as requests for au pairs have exploded during the coronavirus pandemic.

https://www.wsj.com/articles/au-pairs-ensnared-by-work-visa-ban-11594126802

There are many other cruel asylum regulations waiting to be finalized, which haven't made it to OIRA yet. Perhaps Trump'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/eAgendaViewRule?pubId=202004&RIN=1615-AC27

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

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

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

19/

There are few more final rules that don'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

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/

The International Entrepreneur Rule: A Brief, Unfinished History

Congress never created a visa for Startup Founders. Entrepreneurs come here through pathways designed for students, family members, workers or refugees.

https://www.boundless.com/blog/the-international-entrepreneur-rule/

Welcome news for US universities & employers: The administration'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

I don't envy the reg-writing civil servants getting screamed at by hardliner politicals every day now.

If you made it this far, you're clearly the kind of person who might like even more details & a full regulatory tracker!

See @chooseboundless:

23/23 https://www.boundless.com/blog/how-long-does-it-take-to-finish-an-immigration-regulation/

How long does it take to finish an immigration regulation?

The government announces immigration policies all the time. It's difficult to tell the difference between real changes and those still in planning stages.

https://www.boundless.com/blog/how-long-does-it-take-to-finish-an-immigration-regulation/

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