Scott Railton
@scottrailton.bsky.social
Immigration attorney in Washington State. Mount Vernon, Skagit Valley resident. Runner. Reader. Writer. Mariners. Seahawks. And more. Views are mine, always. Gratitude.
Seems like this 75 country immigrant visa suspension should bump into the Major Questions Doctrine and the APA, some time soon.
January 14, 2026 at 11:02 PM
Seems like this 75 country immigrant visa suspension should bump into the Major Questions Doctrine and the APA, some time soon.
Reposted by Scott Railton
It would take a two-word amendment to 42 U.S.C. § 1983 to subject ICE agents and other federal law enforcement officers to the same liability for constitutional violations that local and state officers currently face.
If Congress actually cared about what it's seeing, it could pass that overnight.
If Congress actually cared about what it's seeing, it could pass that overnight.
January 12, 2026 at 10:56 PM
It would take a two-word amendment to 42 U.S.C. § 1983 to subject ICE agents and other federal law enforcement officers to the same liability for constitutional violations that local and state officers currently face.
If Congress actually cared about what it's seeing, it could pass that overnight.
If Congress actually cared about what it's seeing, it could pass that overnight.
Reposted by Scott Railton
“The stunning resignations on Monday of four senior career officials from the Criminal Section of the Justice Department’s Civil Rights Division confirm that DOJ has gone profoundly off the rails in its handling of what increasingly appears to be one of the gravest excessive-force cases in decades.”
With the additional resignations from Minnesota US Attorney’s office, this is now an unredeemed, 100%, metastatic shit show.
open.substack.com/pub/harrylit...
open.substack.com/pub/harrylit...
The Minnesota Case Gets Uglier
The shooting was abominable. Washington’s response is worse.
open.substack.com
January 13, 2026 at 6:43 PM
“The stunning resignations on Monday of four senior career officials from the Criminal Section of the Justice Department’s Civil Rights Division confirm that DOJ has gone profoundly off the rails in its handling of what increasingly appears to be one of the gravest excessive-force cases in decades.”
Rest in Peace Bob Weir. Peace.
January 11, 2026 at 5:45 PM
Rest in Peace Bob Weir. Peace.
As I wrote earlier...
Retired federal judge Nancy Gertner points out two Supreme Court decisions, INS v. Lopez-Mendoza (1984) and Egbert v. Boule (2022), that ensure ICE and deportation officers will not be held to the civil liberties standards to which other law enforcers can sometimes be held.
January 8, 2026 at 10:38 PM
As I wrote earlier...
Reminded today, once again, of the Supreme Court's decision of Egbert v. Boule, a 2022 decision arising out of Whatcom County. The decision limited judicial ability to consider constitutional claims for alleged damages caused by DHS officers.
January 8, 2026 at 5:28 PM
Reminded today, once again, of the Supreme Court's decision of Egbert v. Boule, a 2022 decision arising out of Whatcom County. The decision limited judicial ability to consider constitutional claims for alleged damages caused by DHS officers.
"You don’t seem to know how to tell the difference between the good guys and the bad guys." rings true just about every day right now.
www.politico.com/news/2025/12...
www.politico.com/news/2025/12...
Noem defiant as Democrats decry Trump administration treatment of migrants
Several names have been floated as replacements to the Homeland Security secretary amid questions about her future in the Trump administration.
www.politico.com
January 8, 2026 at 6:13 AM
"You don’t seem to know how to tell the difference between the good guys and the bad guys." rings true just about every day right now.
www.politico.com/news/2025/12...
www.politico.com/news/2025/12...
At the time, the 7 AM dental appt sounded like a good idea.
January 7, 2026 at 2:28 PM
At the time, the 7 AM dental appt sounded like a good idea.
Reposted by Scott Railton
America is always like “ok but the NEXT regime change will work,” like when I “cut out carbs” briefly every January.
January 6, 2026 at 6:39 PM
America is always like “ok but the NEXT regime change will work,” like when I “cut out carbs” briefly every January.
Reposted by Scott Railton
President Trump and White House leaders say American workers are winning because of his immigration crackdown.
But the data doesn’t back that up.
But the data doesn’t back that up.
Trump says the job market is booming for U.S.-born. The data doesn’t show it.
The idea that employment is surging for U.S.-born workers is routinely trumpeted by Trump officials. But economists say otherwise.
www.washingtonpost.com
January 2, 2026 at 4:30 PM
President Trump and White House leaders say American workers are winning because of his immigration crackdown.
But the data doesn’t back that up.
But the data doesn’t back that up.
"...about the article she’d cowritten for a Tufts University student newspaper. It was, apparently, the sole reason Ms. Ozturk had been detained. It called on the school’s administration to recognize Israel-related resolutions passed by the student senate." www.nytimes.com/2025/12/31/n...
One Lawyer’s Standoff With Trump’s Deportation Machine
www.nytimes.com
December 31, 2025 at 5:32 PM
"...about the article she’d cowritten for a Tufts University student newspaper. It was, apparently, the sole reason Ms. Ozturk had been detained. It called on the school’s administration to recognize Israel-related resolutions passed by the student senate." www.nytimes.com/2025/12/31/n...
Another NYT Article on immigration restrictions--this one on India. Enrollments way down this year. Job opportunities limited by restrictions. www.nytimes.com/2025/12/29/o...
Opinion | One of America’s Most Successful Experiments Is Coming to a Shuddering Halt
www.nytimes.com
December 29, 2025 at 8:56 PM
Another NYT Article on immigration restrictions--this one on India. Enrollments way down this year. Job opportunities limited by restrictions. www.nytimes.com/2025/12/29/o...
Zero immigration is a bad policy strategy in this day and age, for numerous reasons--some highlighted here.
www.nytimes.com/2025/12/28/b...
www.nytimes.com/2025/12/28/b...
What America Might Look Like With Zero Immigration
www.nytimes.com
December 29, 2025 at 2:33 AM
Zero immigration is a bad policy strategy in this day and age, for numerous reasons--some highlighted here.
www.nytimes.com/2025/12/28/b...
www.nytimes.com/2025/12/28/b...
The sweeping cancellation and revocation of legal nonimmigrant statuses has been somewhat stunning this year. It's a bad time for humanitarian based immigration.
Trump has revoked legal status for at least 1.6 million immigrants over the past year by cancelling programs like TPS and student visas.
Remember: these are people who entered the country legally.
Trump never cared about “legal immigration" — just inflicting cruelty.
Remember: these are people who entered the country legally.
Trump never cared about “legal immigration" — just inflicting cruelty.
December 25, 2025 at 2:14 AM
The sweeping cancellation and revocation of legal nonimmigrant statuses has been somewhat stunning this year. It's a bad time for humanitarian based immigration.
This is happening. I'm advising not to travel for now, if at all possible, as are most. The Feds have made consular processing very unpredictable. A lot of this is spurred by recent events and new vetting policies (e.g. social media review, travel ban lists, etc.)
Indian H-1B visa holders who traveled back to India this month to renew their American work permits are now stranded after their appointments were abruptly canceled and rescheduled for months later, according to immigration lawyers.
H-1B workers flew to India to renew U.S. visas. Now they’re stuck.
H-1B holders who returned to India this month to renew their visas had consular appointments canceled, stranding them far from their homes and jobs, lawyers said.
www.washingtonpost.com
December 21, 2025 at 1:04 AM
This is happening. I'm advising not to travel for now, if at all possible, as are most. The Feds have made consular processing very unpredictable. A lot of this is spurred by recent events and new vetting policies (e.g. social media review, travel ban lists, etc.)
Silver cards for immigrants older than 65. Just a thought, since they're talking gold and platinum cards these days.
December 20, 2025 at 12:29 AM
Silver cards for immigrants older than 65. Just a thought, since they're talking gold and platinum cards these days.
Only USCIS generated photos for applications, going forward.
www.uscis.gov/newsroom/ale...
www.uscis.gov/newsroom/ale...
New Photo Policy Helps Prevent Immigration Fraud Through Enhanced Identity Verification | USCIS
U.S. Citizenship and Immigration Services (USCIS) is issuing new guidance that limits the age of foreign nationals’ photos that can be used to create immigration documents to no more than three years....
www.uscis.gov
December 20, 2025 at 12:26 AM
Only USCIS generated photos for applications, going forward.
www.uscis.gov/newsroom/ale...
www.uscis.gov/newsroom/ale...
Visa bonds are a new thing in the past few months. Persons from certain countries are going to have to post a maintenance of status and departure bond, in order to get a visa and enter.
travel.state.gov/content/trav...
travel.state.gov/content/trav...
Countries Subject to Visa Bonds
travel.state.gov
December 20, 2025 at 12:21 AM
Visa bonds are a new thing in the past few months. Persons from certain countries are going to have to post a maintenance of status and departure bond, in order to get a visa and enter.
travel.state.gov/content/trav...
travel.state.gov/content/trav...
Family separation is wrong. Green Card Interviews End in Handcuffs for Spouses of US Citizens www.nytimes.com/2025/11/26/u...
Green Card Interviews End in Handcuffs for Spouses of U.S. Citizens
www.nytimes.com
November 26, 2025 at 9:43 PM
Family separation is wrong. Green Card Interviews End in Handcuffs for Spouses of US Citizens www.nytimes.com/2025/11/26/u...
I have too many books about birds.
November 22, 2025 at 3:45 AM
I have too many books about birds.
More red tape for all applicants. More questions and reasons to deny applications, even after years of waiting.
The Trump administration wants to revive a stricter public charge rule, a move that could make visa and green card approvals harder for many immigrants.
Trump revives strict rule that could block green cards and visas — key things to know
The Trump administration wants to revive a stricter public charge rule, a move that could make visa and green card approvals harder for many immigrants.
bit.ly
November 21, 2025 at 4:11 AM
More red tape for all applicants. More questions and reasons to deny applications, even after years of waiting.
Dividend checks? The only time I've ever seen the government issue checks like that is when things were down.
November 18, 2025 at 6:05 AM
Dividend checks? The only time I've ever seen the government issue checks like that is when things were down.
Today's latest in immland- "public charge" admissibility standards heightened, anew www.politico.com/news/2025/11...
Trump revives policy penalizing immigrants for using safety net programs
The change will make it harder for legal Medicaid enrollees to obtain a green card.
www.politico.com
November 18, 2025 at 5:48 AM
Today's latest in immland- "public charge" admissibility standards heightened, anew www.politico.com/news/2025/11...