Dara Lind

from suing the federal government to force it to stop issuing H-1B visas to China, because China doesn't take quite as many deportees as the US might like. That's kind of a real wild card. And We don't know how it's going to play out yet, but it certainly adds an interesting wrinkle to the dispute that we know is going on within the Trump administration over H-1B and high-skilled visas generally.

from suing the federal government to force it to stop issuing H-1B visas to China, because China doesn't take quite as many deportees as the US might like. That's kind of a real wild card. And We don't know how it's going to play out yet, but it certainly adds an interesting wrinkle to the dispute that we know is going on within the Trump administration over H-1B and high-skilled visas generally.

Because if the Trump administration goes in a more dovish direction than, say, the Bannon wing would like, they now have this legal tool that they can use to try to stop them.

Because if the Trump administration goes in a more dovish direction than, say, the Bannon wing would like, they now have this legal tool that they can use to try to stop them.

The fundamental thing you have to remember about immigration law is that deportation is not a criminal penalty. It is a civil penalty. And it's one you incur potentially simply by being in the U.S. without authorization. You don't have to have committed any other any crime or anything else in order to be deportable. So what this does is say this person's already deportable by getting arrested.

The fundamental thing you have to remember about immigration law is that deportation is not a criminal penalty. It is a civil penalty. And it's one you incur potentially simply by being in the U.S. without authorization. You don't have to have committed any other any crime or anything else in order to be deportable. So what this does is say this person's already deportable by getting arrested.

They're now an enforcement priority. which is not something that you really have a due process claim against. Now, if you're not, in fact, removable, you can try to get yourself out of ICE custody. And yes, of course, there are due process concerns in the sense of you're saying this person's a priority because you're classifying them as a criminal.

They're now an enforcement priority. which is not something that you really have a due process claim against. Now, if you're not, in fact, removable, you can try to get yourself out of ICE custody. And yes, of course, there are due process concerns in the sense of you're saying this person's a priority because you're classifying them as a criminal.

But they're not concerns that are legally actionable, right?

But they're not concerns that are legally actionable, right?

It absolutely could be unworkable. This was originally part of the bill when it was introduced under the last Congress, which is to say under the Biden administration, which might go some way in indicating why it was added to the bill to begin with. I think that the assumption to a certain extent is that

It absolutely could be unworkable. This was originally part of the bill when it was introduced under the last Congress, which is to say under the Biden administration, which might go some way in indicating why it was added to the bill to begin with. I think that the assumption to a certain extent is that

you know, state AGs are going to not necessarily want to embarrass members of their own party. But I think the other part of the assumption is that judges are not necessarily going to be super eager to weigh in on this stuff. Judges tend to have a pretty narrow construal of like this sort of their ability to weigh in on this sort of thing.

you know, state AGs are going to not necessarily want to embarrass members of their own party. But I think the other part of the assumption is that judges are not necessarily going to be super eager to weigh in on this stuff. Judges tend to have a pretty narrow construal of like this sort of their ability to weigh in on this sort of thing.

And so that, that would, you know, I think that there's a certain kind of adults in the room understanding that this, that that would prevent it from being too entirely disruptive. I don't know that that's merited, but I think we'll see what combination of kind of political pressures and, you know, just, and, and judicial professional pressures exist to check this.

And so that, that would, you know, I think that there's a certain kind of adults in the room understanding that this, that that would prevent it from being too entirely disruptive. I don't know that that's merited, but I think we'll see what combination of kind of political pressures and, you know, just, and, and judicial professional pressures exist to check this.

Well, so the way that usually ICE has operated over the last several years is they keep spending the money, which is usually faster than they're budgeted to spend it. And then they write Congress letters of increasing alarm of tone saying, if you don't give us more money before the end of the fiscal year in a supplemental, we're going to have to start releasing criminals.

Well, so the way that usually ICE has operated over the last several years is they keep spending the money, which is usually faster than they're budgeted to spend it. And then they write Congress letters of increasing alarm of tone saying, if you don't give us more money before the end of the fiscal year in a supplemental, we're going to have to start releasing criminals.

And usually Congress says, fine, fine. Here's the money you asked for in the supplementals.

And usually Congress says, fine, fine. Here's the money you asked for in the supplementals.