| ▲ | airstrike an hour ago | |
Everyone who has applied for an "adjustment of status" is following the rules. It's literally a procedure you submit to USCIS. People who have done everything by "following the rules" are now seeing the US backpedal on what was promised to them via an administrative memo published by USCIS at the behest of the president—not through new legislation enacted by Congress. I don't know where you're getting your information from, but it's factually incorrect. And as someone else said, "justice" does not mean following the law. That's the definition of "legal". It's important to anchor these topics at a certain level of understanding of Law and Economics to discuss optimal policy, otherwise we'll just talk past each other with uninformed political views. | ||
| ▲ | rayiner 30 minutes ago | parent [-] | |
Your information is factually incorrect. You're confusing the USCIS procedures for the actual law. The current H1B to green card pipeline was never much more than "an administrative memo" to begin with. Read 8 USC 1101, specifically subsections (a)(15) & (a)(15)(H)(i)(B). The statute classifies H1Bs among the "nonimmigrant aliens," and states that the category is for someone "who is coming temporarily to the United States to perform services." Does that sound to you like it was mean to be a pathway to permanent residency? There was never a "promise" in the law. Instead, there were a set of USCIS practices and procedures that amounted to nothing more than writing down what USCIS was currently doing. But USCIS never had authority to turn what Congress created as a temporary worker program into a permanent path to citizenship. I'm sympathetic to people who put their eggs in the H1B basket. As an immigrant, how are you supposed to understand constitutional law and limits on executive power? But the fact is that the modern H1B regime was created almost entirely by executive fiat and it can be undone by executive fiat as well. (All the 1990 Act did was undo some presumptions but left the executive free to decide at any time that an H1B has immigrant intent, which is a basis for visa revocation.) You should listen to this NYT podcast on America's immigration system and how its operation in practice is very different from what voters thought they were getting: https://www.nytimes.com/2024/10/29/podcasts/the-daily/electi... | ||