TODAY is the deadline, Monday, December 10, 2018, for leaving Comments on the Department of Security's proposed re-write of rules surrounding "who is likely to become a public charge" because they are "likely to receive public benefits" and should, the DHS says, be excluded from living in the United States. Because of that, this article will be published as widely as possible including both on Claims and Issues Blog at https://claimsissues.typepad.com/ and Claims and Bad Faith Law Blog at https://insuranceclaimsbadfaith.typepad.com/.
"USCIS [U.S. Citizenship and Immigration Services] Evidentiary Requirements" proposals are set out by the "parent" of USCIS, the Department of Homeland Security in new proposed rules changes. One of these proposed changes, published at 83 FR at 51196, mandates "[e]vidence of the alien's most recent history of employment" in any consideration of "education and skills." The proposed rule is 8 CFR § 212.22(b)(5)(ii)(A), in 83 FR at 51291. This mandated evidence simply does not relate to a consideration of education and skills. If it did, the DHS would have put on evidence in its rationale to support this, but the DHS did not support this mandate with any evidence linking these separate concepts.
A good example -- evidence if you will -- of how education and skills simply do not depend on the four factors mechanically proposed on 83 FR at 51196 -- "the alien's most recent history of employment;" her or his "academic degree or certifications[;]" "occupational" skills or certificates, and "proficiency in English" -- was provided by the real-life experience of Albert Einstein. He famously failed mathematics, not because he was dull, but to the contrary he was too intelligent for the teacher. The DHS's rigid rules for considering the statutorily mandated evidence of "education and skills" do not allow for considering the actual circumstances of experience.
In particular, Congress's word, "skills," would be transformed by the DHS proposed rules into "occupational skills." (Emphasis added.) The proposed rule is 8 CFR § 212.22(b)(5)(ii)(C), in 83 FR at 51291.
The DHS's proposed rules refashioning Congress's words, here, refashioning both "education" and "skills," are unauthorized, contrary to Congressional intent, unsupported by any evidence, and to the contrary the available evidence militates against adoption of such proposed rules.
----------------------------------------------------------------------------------------------------This is reproduced from a Comment on the DHS proposed rules changes, titled IT ALL COMES BACK TO MONEY. BUT THAT'S NOT WHAT CONGRESS SAID: Comments to DHS Proposed Public Charge Rules 12.04.18. The complete Comment is available here as a pdf: Download IT ALL COMES BACK TO MONEY. BUT THAT'S NOT WHAT CONGRESS SAID. Comments to Proposed DHS Public Charge Rules. 12.04.18..
Leave your own Comments on the changes through the preferred submission Federal eRulemaking Portal: www.regulations.gov. The federal government has assigned the following numbers to these proposed rules changes to identify your Comments on these particular rules: DHS Docket No. USCIS-2010-0012; RIN 1615-AA22.
Please Read The Disclaimer. ©2018 Dennis J. Wall. All Rights Reserved.
Comments