The opening paragraphs of this case highlight the attack on legal immigration by the current administration. People who continue to "do things the right way" and "follow the law" are hampered in their journey by individuals like @USCISJoe and others in the administration.
🚨🚨🚨BREAKING NEWS!🚨🚨🚨
THE 39 COUNTRIES PAUSE HAVE BEEN VACATED BY THE DORCAS V USCIS LAWSUIT FEDERAL JUDGE IN MASSACHUSETTS FOR EVERYONE!!!
Each of the Challenged Policies have been declared unlawful and are hereby VACATED and SET ASIDE.
We'll provide furter details later
More proof that the immigration court system is an anti-democratic farce.
Immigration Judge Amy Lee orders dead non-citizen deported, finding "insufficient proof of death."
You can't make this up!
.@RepLouCorrea: Am I gonna have to tell my children at home to carry an American passport with them when they're out in the street?
Mullin: I'm Cherokee. We're not doing that (racial profiling)
Unbelievable.
6 years ago today. George Floyd protestors in Far Rockaway applaud healthcare workers as they march by St. John’s Hospital. Two pivotal historical events clashing in a single moment.
Can you invite me to see with my own eyes what the truth is? Undocumented or not people deserve our respect….and their dignity….enforcing the laws of the land is great, but always treating people with humanity…@MarkwayneMullin let’s go see it together?
NEWS: Trump is methodically stripping immigrants — including many with legal status — of their ability to function in daily life, cutting them off from everything from jobs to day-care subsidies. The goal is to transform how welcoming the U.S. is to immigrants + their families.
Thought more about the gaslighting of @USCISJoe's memo talking about how this is returning to the original intent of the law. So I did some quick research.
The 1924 Immigration Act distinguished between permanent and temporary entrants.
The 1940 Alien Registration Act eventually led to separate registration documents for permanent residents. What we know today as green cards.
Then in 1952, Congress enacted the INA and created the modern immigration framework, including adjustment of status as a permanent feature of the statutory scheme, allowing eligible individuals already in the United States to obtain permanent residence without departing.
And Congress did not stop there.
Congress later enacted multiple statutes furthering the purpose and practicality of adjustment of status. Some examples include:
• AC21 § 204(j), creating job flexibility for long-delayed adjustment applicants
• The 2022 EB-5 Reform and Integrity Act, allowing concurrent filing of I-526 and I-485
So while perhaps in 1924 the framework was largely centered around entry as a permanent resident, Congress has spent the last 70+ years repeatedly legislating in the opposite direction and reinforcing adjustment of status.
Joe Edlow may wish to pretend the "original intent of Congress" froze sometime around the Coolidge administration, but Congress itself apparently never got the memo.
Something specifically created by Congress and further allowed through DHS regulations is not a "loophole"
That said, @USCISJoe enacting legislative rules through memo without notice and comment, while also violating the INA, IS a loophole and will be closed through litigation
It seems @USCISJoe did not even read his own agency’s publications on why adjustment status was adopted and why it exists today. No one should be shocked when this “policy” is enjoined next week.
https://t.co/teiFirbM4y
While adjustment of status is discretionary under INA 245 it has never been interpreted as an extraordinary form of relief and USCIS is inventing a new standard to deprive noncitizens from getting green cards in the US.