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Make America White Again!

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Trump is going out focusing on the one policy issue that he actually cares about: white supremacy.

Donald Trump may have lost the election, but his team is preparing to move forward with restrictive immigration regulations on H-1B visas and potentially international students and H-4 work authorization for spouses. Whether the Trump administration is successful in its final push could determine a significant part of the Biden administration’s immigration agenda.

What follows is a pretty technical but useful discussion of the issue. Among other things, it gets into why this is harder to repeal than just issuing an executive order.

Final regulations are the hardest policy changes for a subsequent administration to change, as the new administration must go through the full notice and comment process to replace a final regulation with a new final regulation. Many of the harmful changes to the legal immigration system, however, have been at the sub-regulatory level: the naturalization test, for example, and various other new practices and procedures that increase the burden on petitioners but are not justified by any rational cost-benefit analysis. For those sub-regulatory changes, I take great hope from the nomination by President-Elect Biden of Alejandro Mayorkas to be DHS secretary.

Mr. Mayorkas spent time as deputy secretary of DHS at the end of the Obama administration, which gave him exposure to the regulation-writing and policymaking process of the whole department, making him very qualified to lead the department. More significantly for this discussion, Mr. Mayorkas will be the first DHS secretary to have served previously as USCIS director, where he oversaw the operations of the legal immigration system, which gives him a much deeper knowledge of how the system works and can be improved than other DHS secretaries have had.

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