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Expansion On Executive Action And 'change Of Heart'

Discussion in 'Executive Action' started by IHeartBureaucracy, Dec 17, 2014.

  1. IHeartBureaucracy

    IHeartBureaucracy Junior Member

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    Is it determined whether or not the 'extent' of the executive action policy changes has already been established, or is there a chance that DHS/USCIS will continue to change policies under any of the broad categories initially proposed?

    I'm asking because I'm still disturbed by the outcome of Scialabba v. Cuellar de Osorio, the borderline-idiotic case where the USCIS under Mayorkas (and later Scialabba) decided that providing relief to a few thousand aged-out children of legal immigrants under the Child Status Protection Act wasn't worth the hassle of changing their comfortable bureaucratic day-to-day, under the guise of interrupting the F2B category. An allegedly pro-relief pro-immigrant president, who is giving well-deserved opportunities to millions of undocumented children, cannot possibly have been on-board with the way the solicitor general inexplicably handled and pursued the case that made a point to throw these children to the far-back of an already-oversubscribed category. Given that court gave the case a Chevron deference and the agency can read the 'ambiguous' statue the way they want, is there any chance that the administration could change the interpretation of the CSPA under one of its non-legislative 'fixes' offered by executive action?

    Even if I'm to contribute to the pessimistic notion that this 'executive action' business is nothing but vote-mongering and politics, wouldn't little policy changes like these be good in improving the president's reputation with immigrants? And given that several congressmen and women, including Republicans and even Sen. John McCain filed an amicus brief to the court verifying exactly what was intended in 1153(h)(3) with respect to the priority date retention, there would be no political backfire... why aren't these things considered?

    Could it be considered? Will the actions continue? How could this happen? It feels hopeless when little policy particularities like these get thrown under the bus by bureaucratic strong-arming and brushed off as 'ambiguous' by the high courts. I don't understand who made the executive action decisions, under whose advice and who exactly the stake-holders were, but I wish I knew whether or not a reversal on the agency's interpretation of the CSPA is possible or if the last nail was hammered into the coffin.

    (The soon-former Senates' CIR bill included a clarification, but I make no realistic assumption that something like that would happen anytime soon. In the meantime, what can be done?)
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I think that everything is on the table. My feeling (hope) is that the various studies and tasks that have been assigned are a method of breaking through the hidebound bureaucracy at the USCIS and forcing change.

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