You have to wonder if @USCISJoe intentionally left out Matter of Arai from his Adjustment memo, or he is simply that bad a lawyer that he does not know of the seminal case on presumptively granting adjustment of status, absent negative factors.
"In the absence of adverse factors, adjustment will ordinarily be granted, still as a matter of discretion. "
https://t.co/oLNVn7TjU8
Here are the FACTS: the majority of people held in ICE detention either have no criminal record at all or have only been charged or convicted of misdemeanor offenses or traffic violations.
Less than 10% have been charged or convicted of serious violent offenses.
I have long written and spoken about the many ways US immigration policy harms international students and scholars. This has been true for as long as I can remember, including when I first came to the US on a single-entry student visa more than 20 years ago under a process formerly known as muslim registry program.
But the current administration has gone much further, through arbitrary policy changes, travel bans, and broad visa processing pauses that leave folks unable to work, travel, or train.
These policies affect a minority of scientists, and in the current state of the world they can be easy to overlook. But we should not let that happen.
I wrote about the quiet loss of Iranian scientific talent in US labs for @TheScientistLLC:
https://t.co/uX0u2mTRa3
EXCLUSIVE
A year ago, the Trump admin announced it was creating an Office or Remigration—named for a racist plan to expel immigrants, popularized by European far-right groups
It has since said nothing about it.
But @WIRED found out what it's doing...
https://t.co/LLbsP6eU5e
When the Trump admin bends over backwards to make legal immigration even harder, this is what they're discouraging. They're telling the brightest people—who can create enormous value—that they should take their talents elsewhere. That's not "America First."
In 3 depositions with 3 @USCIS adjudicators, each gave a different view of discretion in Green Card applications: Adj. 1 could not think of an inappropriate exercise of discretion; Adj. 2 said legal eligibility ALWAYS deserved positive discretion; and Adj. 3 said two officers could exercise discretion differently and both be right. #SaveAOS #AbuseOfDiscretion Uncertainty is not good for anyone. @USCISJoe's memo increases this uncertainty ten fold.
NEW: America's legal immigration agency, @USCIS, is moving towards a system of MANDATORY electronic filing, done via an interim final rule with no advanced notice and comment.
USCIS currently lacks the capacity to do this for many applications, so how it will work is... unclear.