immigrationcourtside – Page 343 – immigrationcourtside.com

The Nation: Ivanka’s Husband, Beloved Son-In-Law, Trusted Advisor — Jared Kushner Probably Wouldn’t Here Under His Father-In-Law’s Restrictive Policies!

Read the moving story of Jared Kushner’s ancestors and how an eventual thaw in America’s anti-immigrant attitudes and rabidly anti-semitic policies saved the family.

https://www.thenation.com/article/nobody-wanted-to-take-us-in-the-story-of-jared-kushners-family-and-mine/

“Although the specific targets have changed, some of the language and much of the vitriol spewed at immigrants some 100 years ago wouldn’t be out of place at one of Trump’s “Make America Great Again” rallies, or tumbling from the mouth of his chosen national-security adviser or attorney general. Then, as now, hypernationalistic figures raged against religious minorities they deemed suspicious, scheming, and potentially disloyal. Then, as now, war abroad stirred up refugee phobias at home. And while there are differences, to be sure—while the past is never simple prelude—then, as is happening again now, the ugly rhetoric quickly gave way to ugly policy.”

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So why don’t folks like Jared and Ivanka, who seem like decent people, have had the good fortune to live privileged lives in the United States, and have influence with the President, stand up for the vulnerable and less privileged? Why don’t they “just say no” to President Trump’s rekindling of the types of policies and attitudes that might have condemned Jared’s family to eternal agony with nowhere to turn for salvation and refuge?

PWS

01/27/17

Refugees Make America Great, And Make Each Of Us Better Human Beings — A Dissenting View From Trump Policies

http://www.cnn.com/2017/01/26/opinions/lets-help-syrian-refugees-warmflash-opinion/index.html

“Having worked firsthand with refugees in my community, I think Donald Trump has it wrong – they love America,” Ora Warmflash writes on CNN:

“President Trump has said his refugee ban is necessary to protect our country, and his executive order reads, “We must ensure that those admitted to this country do not bear hostile attitudes toward our country and its founding principles.”
In addition to suspending the admission of refugees, he wants to cut in half the total number who could be admitted.
It’s easy to get lost in the global scope of the refugee crisis and the tough language of our new President’s insistence that we need tighter vetting. It’s too easy to forget the human reality of what it’s like to be — or to welcome — a family seeking solace and a new life.
One thing I know is this family is so grateful to be here. When my husband met them for the first time, just a few days after they arrived here, he asked them how they are adjusting. “We love America,” they said. Whenever we see them, every meeting starts and ends with kisses on each cheek and the words “thank you.”

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PWS

01/26/17

Arlington Immigration Court “Chatter” — Local Immigration Attorney Says “New Sheriff In Town” — The End of “PD”

From today’s e-mail “chatter:”

“For all those who said ‘he doesn’t mean what he says’ or ‘it will not be that bad’ that is now officially bullshit. As of this afternoon all DHS Office of Chief Counsel prosecutors have been instructed not to exercise prosecutorial discretion in removal cases. The most recent executive order from the White House lists as enforcement priorities for removal those who have been CHARGED with a criminal offense whether that offense is resolved or not. In immigration offices and courts throughout the US ‘there’s a new Sheriff in town’ is driving denials and deprivation of rights. We have closed our doors to refugees and now will embark on an interior campaign against immigrants. And it is day 6.”

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Sad, but predictable, based on yesterday’s Interior Enforcement Executive Order. While it lasted, prosecutorial discretion (“PD”) was one of the best and smartest policies ever applied by immigration prosecutors.

It was a “quadruple winner:” prosecutors got low priority cases off their overcrowded dockets; overtaxed Immigration Courts could concentrate on more important cases; respondents with equities, good records, who had lived productive lives, and paid taxes got (limited, but potentially life-saving) humanitarian relief that the courts could not offer; and communities, employers, and families in the United States got to retain individuals who were contributing to our country in large and small ways.

But, as I’ve indicated before, sometimes philosophical roadblocks (including bias and prejudice) blind folks to their own self interest. And, I’m NOT talking about the DHS Counsel here; their hands are tied and clearly nobody asked them before the politicos changed the policies. They are just the “messengers” for policies that they don’t necessarily endorse.

PWS

01/26/17

Fox News: Text Of President Trump’s Executive Order On Interior Enforcement!

http://www.foxnews.com/politics/2017/01/25/text-trump-executive-order-on-enhancing-public-safety-in-interior-united-states.html

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Wow! Incredibly broad! Probably easier to determine what isn’t a priority (offhand, I’d say something like “undocumented migrants already in the United States who have lived lives completely free from any run-ins with the law” — and, there are definitely quite a few of those) than what is!

Unlike the Border Enforcement Executive Order, which specifically requires detention of arriving migrants with very narrow, case-by-case, exceptions, this order does not specifically direct immigration officials to detain all interior removal “priorities.” But, it certainly is implicit in the President’s Order that all of the stated removal priorities “present a significant threat to national security and public safety.” That’s probably going to result in at least a de facto “presumption of detention” in all priority cases. And, regulations, precedents, or other directives from the Secretary of Homeland Security and the Attorney General could specifically establish such a presumption.

So, everyone arriving at the border without documentation is a priority and will be thrown in detention. And, everyone in the interior who is undocumented and has ever been arrested, charged, or committed any crime, no matter how minor, and regardless of whether convicted, will also be prioritized, and most of them will be thrown in detention.

Consequently, almost everybody in Immigration Court will be a “Detained Priority” or an “Enforcement Priority” of some type. That’s going to mean yet another massive re-shuffling of dockets.

And, since almost everyone will be detained, there will be even more excruciating pressure on already stressed and overwhelmed U.S. Immigration Judges to “move” these cases, without much regard to due process, because detention will be costing a fortune (and the Supremes well might place a limit on the duration of “pre-hearing” detention).

In that case, why would anybody interested in being a “real” judge who isn’t already in the system and not eligible to retire, want the Immigration Judge’s job? Yes, I’m sure that there will be many lawyers out there who need jobs and will apply. But, they are likely to be those who see being a “judge” in the Executive Branch under such circumstances as a law enforcement position, rather than a chance to be an impartial “umpire,” scholar, or dispenser of balanced and deliberative due process.

Perhaps, the initiative will be a huge enforcement success; the Article III Courts will sign on and basically dispense with any semblance of “normal” due process for migrants, thus allowing them essentially to be railroaded out of the U.S. Obviously, that’s what the Administration is counting on.

Alternatively, however, the Article III Courts might “dig in” and insist on scrupulously fair hearings, thereby essentially grinding all enforcement to a halt and forcing massive “re-dos” of already “expedited” and “prioritized” cases. In that event, the initiative will turn out to be a colossal and incredibly expensive failure.

I suspect that the Supremes will have to sort this out in the fairly near future. In the past, a Supreme Court with the late Justice Antonin Scalia sitting frequently vindicated the rights of migrants against attempted Government overreaching by Administrations of both parties. So, it’s by no means a “given” that a Supreme Court with a disciple of Justice Scalia as the new Justice would necessarily endorse all aspects of the President’s enforcement initiatives. We’ll just have to wait and see.

And, surprisingly, particularly to those who think that this is a “great” idea, the answer may affect the due process rights of more than just migrants. You never know when you yourself might be in need of a little due process. It often happens to those who least expect it.

Meanwhile, “back at the ranch,” not only is it a great time not to be a refugee, but it’s a really great time to be retired from the USG (and, the U.S. Immigration Court, in particular).

PWS

01/25/17

Vox Reports More Harsh Executive Actions On Migration May Be In The Offing!

http://www.vox.com/policy-and-politics/2017/1/25/14390106/leaked-drafts-trump-immigrants-executive-order

“On Tuesday, Vox was given six documents that purported to be draft executive orders under consideration by the Trump administration. The source noted that “all of these documents are still going through formal review” in the Executive Office of the President and “have not yet been cleared by [the Department of Justice or the Office of Legal Counsel].”

We were not, at the time, able to verify the authenticity of the documents and did not feel it would be reasonable to publish or report on them.

But on Wednesday afternoon, Trump signed two executive orders on immigration that word-for-word matched the drafts we’d received. Given that our source had early access to two documents that were proven accurate, and that all the orders closely align with Trump’s stated policies on the campaign trail, we are reporting on the remaining four.

The source cautioned that “there are substantive comments on several of these drafts from multiple elements of NSC staff” and “if previous processes remain the norm, there [are] likely to be some substantive revisions.” It is possible these orders will emerge with substantial changes, or even be scrapped altogether.

We sent the White House PDFs of the documents and left voicemails with aides, but did not receive a response.

The two orders released today by the Trump administration, and delivered yesterday by our source, start the process of building President Trump’s famous “wall,” and make it easier for immigration agents to arrest, detain, and deport unauthorized immigrants at the border and in the US. Those policies are explained in detail here.

The four remaining draft orders obtained by Vox focus on immigration, terrorism, and refugee policy. They wouldn’t ban all Muslim immigration to the US, breaking a Trump promise from early in his campaign, but they would temporarily ban entries from seven majority-Muslim countries and bar all refugees from coming to the US for several months. They would make it harder for immigrants to come to the US to work, make it easier to deport them if they use public services, and put an end to the Obama administration program that protected young “DREAMer” immigrants from deportation.

In all, the combined documents would represent one of the harshest crackdowns on immigrants — both those here and those who want to come here — in memory.”

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See the full Vox story at the link for details on each of the “draft” orders.

PWS

01/25/17

Instant Analysis Of Trump’s Border Orders by Raphael Bernal & Mike Lillis (Not N. Rappaport As I Erroneously Posted Earlier) In The Hill!

http://thehill.com/homenews/administration/316101-trump-orders-work-to-begin-on-border-wall

Raphael Bernal and Mike Lillis write in The Hill:

“President Trump on Wednesday signed two executive orders on immigration, including one that directs federal agencies to begin construction of a wall on the border with Mexico, his signature campaign promise.

Trump signed the actions during a visit to the Department of Homeland Security (DHS) as his aides met in the White House with two top Mexican cabinet officials.

“A nation without borders is not a nation,” Trump said during a speech at DHS headquarters. “Beginning today, the United States of America gets back control of its borders.”

The president said his directive “will save thousands of lives, millions of jobs, and billions and billions of dollars.”

One of the orders signed by Trump calls for the construction of “a large physical barrier on the southern border,” according to White House press secretary Sean Spicer.

The other order deals with immigration enforcement and ends the “catch and release” policy that quickly returned border crossers back to Mexico instead of arresting and processing them for deportation. The policy was a fixture of the Bush administration and was later reinstated on an informal basis by former President Barack Obama.

“Federal agents are going to unapologetically enforce the law, no ifs, ands or buts,” Spicer said.

The immigration actions also seek to withhold visas from countries to make sure they take back people in the U.S. illegally who are found to have broken U.S. laws. It would also strip federal grants from “sanctuary” cities and states that do not enforce federal immigration laws.

“We’re going to strip federal grant money from the sanctuary states and cities that harbor illegal immigrants,” Spicer said.”

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My apologies to Raphael, Mike, and Nolan for botching the byline in the original posting. The “talk” is over; we’re into the “action” phase.

PWS

01/25/17

Trump Signs Border Orders, Promises To Restore Control!

https://www.washingtonpost.com/politics/trump-pledges-to-start-work-on-border-wall-within-months/2017/01/25/dddae6ee-e31e-11e6-ba11-63c4b4fb5a63_story.html?hpid=hp_rhp-top-table-main_immigration-2pm%3Ahomepage%2Fstory&utm_term=.a28fc29fd921

Breaking news from today’s Washington Post:

“President Trump signed a pair of executive actions Wednesday to begin ramping up immigration enforcement, including a new border wall with Mexico, vowing that construction on his chief campaign pledge would begin in months.

In an appearance at the Department of Homeland Security, Trump kicked off the rollout of a series of directives aimed at clamping down on the estimated 11 million immigrants living illegally in the United States. Aides said more directives could come later this week, including new restrictions on refugees and immigrants from Muslim-majority countries.

The presidential directives signed Wednesday aim to create more detention centers, add more federal border control agents and withhold federal funds to cities that do not comply with federal immigration laws, Trump aides said.

“We are going to restore the rule of law in the United States,” Trump said, addressing DHS employees after signing the orders. “Beginning today the United State gets control of its borders.”

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Toward the end of the story, there might be good news for at least some so-called “Dreamers.” Press Secretary Sean Spicer said that President Trump recognized the humanitarian issues at stake here and was developing his solution.

PWS

01/25/17

Fifth Circuit Says CAT “Government Acquiescence” Not Not Limited to “Willful Blindness”

Here’s the full text of the decision IRUEGAS-VALDEZ v. YATES:

http://www.ca5.uscourts.gov/opinions/pub/15/15-60532-CV0.pdf

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Basically, the Fifth Circuit (hardly a pro migrant forum) requires the BIA and the Immigration Judge to follow the Federal Regulations on the Convention Against Torture (“CAT”).

Ever since the CAT became the effective, the BIA and the Attorney General have worked hard to restrict protection based on torture. But, little by little, almost all of the U.S. Courts of Appeals have been chipping away at these overly restrictive interpretations.

Here, the Fifth Circuit points out that in its haste to affirm the Immigration Judge and deny protection, the BIA failed to apply the Executive’s own regulations, which allow for the granting of protection in a significantly larger set of circumstances, particularly where corrupt government officials act “under color of law,” than the Board and the Attorney General have been willing to admit.

Because torture by or with the acquiescence of foreign government officials is widespread in many refugee sending countries, and because the CAT has no specific “nexus” requirement that the torture be tied to any specific “protected ground,” the CAT has the potential to become a much more useful means of gaining needed protection as the law develops. And, because CAT protection does not give individuals “green cards” of put them on the “path to citizenship” (although it usually does provide work authorization), it might be a compromise between returning individuals to countries where their lives would be in danger and creating an incentive for those who seek permanent status in the U.S.

As I used to tell individuals before me who wanted asylum but had to settle for CAT protection, “all it does is save your life.” Depending on how important one considers his or her life, that might significant.

PWS

01/24/17

More On Trump’s Refugee, Muslim Restrictions

http://www.huffingtonpost.com/entry/trump-muslim-ban-refugees_us_58877244e4b096b4a2349927?ioficaiiz1xn06yldi&

The Huffington Post writes:

“Although it reflects anti-refugee sentiment spreading worldwide, the draft of Trump’s order represents a dramatic upending of current U.S. policy toward some of the globe’s most unstable regions. It will inevitably face opposition from human rights groups, civil liberties organizations, Democrats and even members of the Christian right, who have encouraged a sympathetic approach to the refugee crisis.

The civil war in Syria, now in it’s sixth year, has left 4.8 million Syrians as refugees, according to the United Nations High Commissioner for Refugees. Since the war began in 2011, the U.S. has admitted only about 18,000 refugees from Syria, due in part to a lengthy vetting process that typically takes from 18 to 24 months. But as the humanitarian crisis in Syria worsened, former President Barack Obama pushed for an increase in admissions. During the last fiscal year, the U.S. accepted over 10,000 Syrian refugees.

Despite the low number of admissions and the intensive, multi-agency screening process, resettling Syrian refugees in the U.S. has become a controversial issue. In response to Obama’s push to welcome more people from the country, more than half of U.S. governors ― all but one of them Republicans ― attempted to block Syrian refugees from resettling in their states.

Throughout the presidential race, Trump seized on the growing national opposition to refugee resettlement. He first proposed banning Muslims from entering the U.S. in December 2015, following the mass shooting in San Bernardino, California. Though his specifics varied over the year that followed, Trump continued to promise to heavily restrict immigration from countries with Muslim-majority populations.

The draft executive order gives religious minorities priority in refugee admissions ― which may mean that Christians in most countries in the Middle East will be favored over Muslims.

The executive order is expected to include a list of acts that would disqualify an individual from entering the U.S., two sources briefed on the language said. People who commit honor killings, bigotry, violence against women, or who persecute against people on the basis of religion, race, gender, or sexual orientation, would not be admitted, they said. The U.S. already denies admission to persecutors, criminals and human rights abusers.

At least one refugee resettlement organization has already been briefed on an expected decline of refugee admissions to 50,000. That number is significantly lower than ceilings proposed before the Syrian civil war began.

Former intelligence analysts have pointed out that a policy that specifically discriminates against Muslims perpetuates the narrative that the U.S. is at war with Islam, which serves as a powerful recruiting tool for jihadist groups like the so-called Islamic State and al Qaeda.”

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I’m glad I’m not a refugee. And, most refugees wish they weren’t refugees.

PWS

01/24/17

NYT: President Trump Will Order Wall!

https://www.nytimes.com/2017/01/24/us/politics/wall-border-trump.html?_r=0

This breaking story from the NYT was passed on by Dan Kowalski over at LexisNexis:

“President Trump will order the construction of a Mexican border wall on Wednesday, White House officials said, and is mulling plans to stop Syrian refugees from entering the country and to slash immigration of refugees from “terror prone” nations, perhaps as early as this week.”

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No real surprises here. I had previously reported that the U.S. taxpayers will be on the hook for the cost of the border wall with only President’s Trump’s assurances that the Mexican Government will be reimbursing us.

And, as I have said many times before, I wake up every morning thankful that I woke up and that I’m not a refugee (particularly in today’s climate).

Interestingly, according to a recent Pew Research Center Poll, only a minority of Americans (39%) think that building a wall is a priority, while a majority (62%) favor legalization of those residing here without authorization and continuing to admit refugees on a humanitarian basis (61%). However, a majority of those surveyed (58%) do agree with President Trump that increasing deportations is important and that there should be stricter enforcement of those overstaying temporary visas (77%).

There does appear to be an opportunity for the Trump Administration to establish some type of national consensus on immigration. However, it does not appear to be exactly the same program that President Trump presented during his campaign. So, it would require some flexibility on all sides.

Read the complete Pew Research poll t this link:

http://www.pewresearch.org/fact-tank/2017/01/06/less-than-half-the-public-views-border-wall-as-an-important-goal-for-u-s-immigration-policy/

PWS

01/24/17

VOX News: Supreme Short List — Trump To Go With A U.S. Appeals Judge — Judges Gorsuch (10th C), Hardiman (3rd C), & Pryor (11th C) Top List!

http://www.vox.com/policy-and-politics/2017/1/24/14372842/donald-trump-supreme-court-gorsuch-hardiman-pryor

“Now, Politico’s Eliana Johnson and Shane Goldmacher report that Trump has narrowed the choices to three, all of whom are on federal appeals courts:

Neil Gorsuch, 49, of the 10th Circuit Court of Appeals (which covers Colorado, Kansas, New Mexico, Utah, Wyoming, and Oklahoma)
Thomas Hardiman, 51, of the Third Circuit Court of Appeals (which covers Delaware, New Jersey, and Pennsylvania)
William “Bill” Pryor, 54, of the 11th Circuit Court of Appeals (which covers Alabama, Georgia, and Florida)
Johnson and Goldmacher report that Gorsuch and Hardiman have an advantage and Pryor’s chances have waned.

All three finalists are white men appointed to their posts by George W. Bush, but they vary in background and in how contention [sic] their nominations would likely be.”

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Read full bios of all three judges at the above link. Reportedly, after the Republicans “stonewalled” the Garland nomination, the Democrats are not going to be racing to complete the confirmation process for the late conservative icon Justice Antonin Scalias’s replacement. But, in the end, the Republicans have the votes to put President Trump’s nominee on the Court. And, given that all three of these judges have been previously vetted and confirmed for prestigious U.S. Court of Appeals judgeships, barring any surprises, President Trump will get his choice.

Interestingly, I heard on a news report today that the average time lapse between formal nomination and confirmation for a Supreme Court Justice is 70 days. Compare that the with the snail-paced hiring process for U.S. Immigration Judges who are Executive Branch employees and do not require Senate confirmation.

The U.S. Immigration Judge hiring process sometimes takes a year or more. While in the past judicial hiring was sometimes completed in 70 days or less, those days are long gone. What’s the deal here? Most of the recent Immigration Judge appointees have been from Government backgrounds and already had security clearances. And, background clearances, although important, are basically a ministerial/administrative process, not “rocket science.” With more than half a million pending cases and many judicial vacancies (which might or might not be frozen) there remarkably does not seem to be any sense of urgency in the DOJ/EOIR judicial hiring process. Go figure!

PWS

01/24/17

The Guardian Reports That Trump Will Issue Executive Order Restricting Refugee, Visa Admissions From Syria & Other Countries!

https://www.theguardian.com/us-news/2017/jan/24/trump-immigration-executive-orders-refugees

The Guardian reports:

“Donald Trump was expected to sign several executive orders restricting immigration on Wednesday, at the Department of Homeland Security, according to several congressional aides and immigration experts briefed on the matter.

Trump’s orders were expected to involve restricting access to the United States for refugees and some visa holders from Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen, said the aides and experts, who asked not to be identified.”

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It’s always bad to be a refugee. Nobody wants to be one. But, it’s even worse in today’s world.

PWS

01/24/17

WSJ: Torture Still The Norm For Human Rights Lawyers In PRC!

http://www.wsj.com/articles/beijing-breaks-lawyers-1485121205

In an editorial today, the WSJ writes:

“That was the case for prominent lawyer Gao Zhisheng. After being detained in 2006, Mr. Gao recanted his confession and described how police tortured him. He was detained and tortured again in 2009. He described that experience too, and the authorities have not released him again. Then there was the fate of Li Chunfu, a lawyer released on Jan. 12 after 500 days of detention. He is now mentally ill, diagnosed with schizophrenia.

One of Mr. Xie’s captors threatened him with the same fate. “I’m going to torture you until you go insane,” he said. “Don’t think you’ll be able to continue being a lawyer once you get out. You’re going to be a waste of a person.”

Mr. Xie’s wife, Chen Guiqiu, issued a statement on Thursday, saying, “Let the world know what forced confession through torture is, what shamelessness without limit is.” That same day, she was detained.”

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Just because the PRC has become a worldwide economic power and frequent tourist destination, doesn’t mean we should forget that it is a brutal one-party state where dissent is not tolerated.

PWS

01/24/17

President Trump Taps Career Prosecutor Rod J. Rosenstein For #2 Slot At Justice!

https://en.m.wikipedia.org/wiki/Rod_J._Rosenstein

“Rod J. Rosenstein (born in 1965) is the United States Attorney for the United States District Court for the District of Maryland and a former nominee to the United States Court of Appeals for the Fourth Circuit.

President-elect Donald Trump nominated Rosenstein to serve as Deputy Attorney General for the United States Department of Justice on January 13, 2017.”

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Mr. Rosenstein appears to be a good choice for Deputy Attorney General. Traditionally, the Deputy Attorney General has, among many other duties, had primary responsibility for overseeing the Executive Office for Immigration Review (“EOIR”), which administers the U.S. Immigration Courts. Hopefully, Mr. Rosenstein’s extensive “hands on” experience in the Article III Federal Courts — he still personally litigates some cases — will lead him to focus some positive attention on the situation of the overwhelmed U.S. Immigration Courts.

Mr. Rosenstein’s full Wikipedia bio is at the above link.

PWS

01/24/17

Washington Post: Q&As On Fed Hiring Freeze — Many DOJ Employees (Including Immigration Courts) Might Be Exempt — Employees On Board On 01-22-17 NOT Affected!

https://www.washingtonpost.com/news/powerpost/wp/2017/01/23/what-does-a-hiring-freeze-mean-for-the-federal-workforce/?hpid=hp_rhp-top-table-main_freeze-pp-1213pm:homepage/story&utm_term=.16a898e72b47

“Are all federal employees affected?

No. The wording of his memorandum exempts “military personnel” and says “the head of any executive department or agency may exempt from the hiring freeze any positions that it deems necessary to meet national security or public safety responsibilities.”

“Military personnel” generally refers to those in uniform, but if Trump also means civilian employees of the Defense Department, that alone would exclude about a third of the workforce.

Exempting public safety could wall off much of other large agencies such as the Justice Department and the Department of Homeland Security. If public safety includes public health workers, more would be excluded.

. . . .

How would a freeze be implemented?

Trump’s order says “no vacant positions existing at noon on January 22, 2017, may be filled and no new positions may be created, except in limited circumstances.” The directors of the Office of Management and Budget and the Office of Personnel Management were told to “recommend a long-term plan to reduce the size of the Federal Government’s workforce through attrition. This order shall expire upon implementation of the OMB plan.” The memorandum also “does not revoke any appointment to Federal service made prior to January 22, 2017.”

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Looks like understaffed Immigration Courts might be able to continue hiring. But, can’t tell for sure at this point. If somebody out there has more specific information relating to Immigration Court hiring, please let me know.

PWS

01/23/17

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