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Chris Geidner @chrisgeidner
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Update: Developments in the Grace v. Whitaker case over the Sessions policy regarding domestic and gang-related violence asylum claims. Background: buzzfeednews.com/article/chrisg…
Due to the shutdown, the government has been filing motions to stay proceedings in civil cases. In this case, they only moved to stay paragraph 5 of the court's injunction — the provision ordering the return of plaintiffs removed under the Sessions policy.
Judge Sullivan granted that motion on 12/26. On 12/27, though, he issued a further order, directing briefing on the question of whether paragraph 5 "is related to an 'emergenc[y] involving the safety of human life or the protection of property'" & referencing this provision:
That briefing was due by 1p today, but, instead of doing so — and here's the news — DOJ backed down, stating it will "treat work relating to complying with the requirements in paragraph 5 ... as excepted activity" and asking for the stay to be lifted. documentcloud.org/documents/5669…
In sum, what's all that mean?

DOJ told a federal judge that returning those plaintiffs removed due to Sessions' policy on violence-based asylum claims will be treated as "involving the safety of human life" and efforts at returning them will continue during the shutdown.
Judge Sullivan has lifted the stay in the case challenging Sessions’ violence-related asylum claims policy change. This means efforts to return the plaintiffs removed from the US and provide them with new “credible fear” processes will continue during the shutdown.
Again, here's paragraph 5, which the feds will now continue seeking to comply with during the shutdown. Sullivan also ordered a status report detailing paragraph 5 compliance efforts by Jan. 4.
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