Legal Af
@legalafmtn·1.1M subscribers·6.7K videos
Trump CAUGHT Trying REWRITE the LAW Through MEMO?!?!
Posted
May 30, 2026
Views
34,925
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3,018
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May 30, 2026
34,925
3,018
220
9.27%
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11:49Now PlayingAttorneys Brian Kabateck and Shant Karnikian break down the USCIS policy memo issued May 21 that reclassifies adjustment of status, the process hundreds of thousands of legal immigrants use every year to apply for green cards from within the United States, as "extraordinary relief" and "administrative grace" rather than a standard pathway. The practical effect: most people on valid work visas, family visas, or student visas must now leave the country and restart the process through consular processing abroad. These aren't undocumented immigrants. These are people who followed every rule, filed every form, and have pending I-485 applications. Brian and Shant walk through three grounds for challenge. First, due process: you can't change the rules midstream for people already in the process without notice or a hearing. Second, the APA: this is a substantive policy change done through internal memo with no notice-and-comment rulemaking, making it vulnerable to the same arbitrary and capricious challenges that have sunk dozens of Trump policies. Third, it potentially violates the Immigration and Naturalization Act Section 245 and the American Competitiveness in the 21st Century Act, both of which Congress enacted to ensure skilled workers and family members can adjust status domestically. Brian notes the cruel irony: MAGA voters who said "just come here legally" are now watching the administration punish the people who did exactly that.
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