I have much love and respect for you both @ImmCivilRights @ReichlinMelnick, and I understand the calls for imm rts litigators to raise discrimination claims more given the President’s many racist statements. But I respectfully think the request misguided. 1/
I know of 2 injunctions still blocking Trump-era policies on EP grounds, both TPS – Ramos for all countries and Saget for Haiti. They rest on a MOUNTAIN of evidence, incl. the “shithole countries” statement literally about TPS holders, but lots more. aclusocal.org/sites/default/… 2/
Yet listen to the skeptical q’s I got: ca9.uscourts.gov/media/view_vid…, e.g. at 43:55 (or whole discussion starting at 38:22). After, Regents (DACA decision), Govt immediately filed letter telling the Court the EP decision there hurts us. We still have no decsn in Ramos. 3/
My point is, we should file EP claims when it helps our clients. There's upside to pushing the culture, but downside too: every time a claim loses, it's cited against us. Might I respectfully suggest other ideas to root out racism in the immigration laws for you to ponder... 4/
Can someone ask Biden transition folx to commit NOW to instruct DOJ not to seek dismissal (under Iqbal) of race discrmtn claims brought vs Trump-era policies? If they won't erase the policies, at least let discovery play out. @MarielenaNILC @ErikaAndiola @lorellapraeli 5/
And for folx doing leg. work: could you write a RFRA-like provision banning racism in the immigration laws, along with a provision creating a cause of axn and reversing Iqbal for those claims? Here's my starter suggestion... 6/
“Notwithstanding any other provision of law, this provision hereby abrogates any statute, regulation, or policy, informal or formal, the creation of which was motivated in whole or in part by animus based on race, religion, nationality,” etc. 7/
And the coa/Iqbal one: “A plaintiff alleging a violation of this provision shall be entitled to discovery on their claim if they plead facts that, if true, would establish a violation of this provision, whether or not a judge believes those facts 'plausible.'" 8/
Sorry, that's the end/
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