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Trump CAUGHT Trying REWRITE the LAW Through MEMO?!?!

2026-05-30 Entertainment
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Legal AF
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Description

Attorneys 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. Kabateck LLP: Call 1-844-74-CIVIL for a free case evaluation or visit us at https://www.kbklawyers.com/ Subscribe: https://www.youtube.com/@LegalAFMTN?sub_confirmation=1 Become a member of Legal AF YouTube community: https://www.youtube.com/channel/UCJgZJZZbnLFPr5GJdCuIwpA/join Become a member of the Legal AF Substack: https://michaelpopok.substack.com/20off Follow Legal AF on Bluesky: https://bsky.app/profile/legalafmtn.bsky.social Follow Michael Popok on Bluesky: https://bsky.app/profile/mspopok.bsky.social Subscribe to the Legal AF podcast feed here: https://podcasts.apple.com/us/podcast/legal-af-by-meidastouch/id1580828595 Subscribe to the Intersection with Michael Popok podcast feed here: https://podcasts.apple.com/us/podcast/the-intersection-with-michael-popok/id1818863274 Subscribe to Unprecedented with Michael Popok and Dina Doll podcast feed here: https://podcasts.apple.com/us/podcast/unprecedented-by-legal-af/id1867023089 Subscribe to Court of History with Sidney Blumenthal and Sean Wilentz podcast feed here: https://podcasts.apple.com/us/podcast/the-court-of-history/id1867022920

Top Comments (10)

@OMWone6629 2026-05-30

Im so sick of this administration.

119 4 replies
@TheWendl1709 2026-05-30

If LAWS can be ‘adjusted’ by a memo, we are not a democracy.

90 5 replies
@cathymendoza6898 2026-05-30

IMPEACH THE REGIME ALREADY

38 2 replies
@sharonmoist7016 2026-05-31

When is someone going to stop this monster? Evidently our "leaders" aren't very good at protecting our democracy nor our very way of life!

25
@steff.19 2026-05-30

We can’t let this be, they will just start going for the next group they don’t like ,insane

25 1 replies
@stephenludlum9746 2026-05-30

This needs to be overturned by the courts.

37
@michaeleenriley8543 2026-05-30

Impeachment already

54 3 replies
@maryanneoconnell3255 2026-05-30

You cant just write a memo- like an exec order its a wish list!!!

54 3 replies
@MariadeOro-q7b 2026-05-30

They are evil and want EVERYONE to leave!!!!

9
@annettecanada1329 2026-05-30

Hi, Shant and Brian!😊 Reform the immigration system. Make it easier.

12

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