Good news amidst the mayhem: govt won't try to defend TPS terminations for Honduras and Nepal against our lawsuit. 15k Nepalis who wouldve lost status in June & 85k Hondurans who wouldve lost in January 2020 are now protected under Ramos injunction. #TPSJustice@ACLU@ACLU_SoCal
But this is only interim relief. Could be gone by next spring if we lose Ramos at Ninth Circuit in fall (oral argument likely in summer). Congress must solve the problem by granting permanent residence. TPS families - incl. several 100k US citizen children - deserve justice.
Amazing work by @NDLON@justicenlaughs@AAAJ_LA@aaaj_alc & incredible attorneys at Sidley Austin who made this happen. Wish us all luck as we continue this work. And even more to @TPS_Alliance doing the hard work of bringing Congress around.
I’ve been trying to stay away from Twitter to focus on my SCOTUS briefing in Fazaga scotusblog.com/case-files/cas…, but the last few days have made that impossible. I'll say more about that case later. But for now a few thoughts on recent events… 1/
1. The Biden Admin’s failure to bring those who supported the US Govt in Afghanistan to this country is NOT bc it lacks legal authority. The parole statute (8 USC 1182(d)(5)(A)) clearly gives POTUS power to “parole” literally anyone into US. @IRAP@marikoinNY@adambcox 2/
But the admin doesn’t want to bring them because ... security concerns. This is ironic. As @IRAP’s Becca Heller said, if the Govt trusted them to protect US troops in Afghanistan, then why not trust them to come to Guam? 3/ washingtonpost.com/opinions/2021/…
It says Trump tried to kill TPS as part of a “hard-line” effort to curb immigration. That line gets an A+ for white-washing! @nytimes plz state the facts about the former admin's motivations. They matter! Esp bc the Biden admin continues to keep some Trump policies in place. 2/
What are the facts about the Trump-era TPS terminations? Trump said, in a mtng _about TPS holders_, that he didn't want “people from shithole countries coming here,” and instead wanted more people from “countries like Norway.”nytimes.com/2018/01/11/us/… 3/
Two impt points about today's TRO decision enjoining the moratorium. 1. It does NOT apply to the enforcement priorities; enjoins only "the 100-day pause on removals." DHS still must apply the new memo to detention, in court, etc. Keep pressing for compliance! #FreeThemAll 1/
2. The decision is plainly wrong. It holds DHS _must_ deport people ordered removed bc 1231a1A says "shall." But that is squarely contrary to J. Scalia's SCOTUS opinion in AADC, which reviews the history of deferred action and then holds ... @aclu@ACLUTx@ACLU_SoCal 2/
"the Executive has discretion to abandon the endeavor [of executing removal orders] ... for humanitarian reasons or simply for its own convenience." & quotes treatise: "To ameliorate a harsh and unjust outcome, the INS may ... decline to execute a final order of deportation." 3/
Some thoughts on new #ICE priorities and moratorium memo. 1. The memo creates an interim system starting by 2/1/21 and running abt 100 days while DHS does full review. So folks will have time to critique this from both sides. This is just the start of building a new system. 1/
2. It has a refreshingly straightforward rationale: can’t deport everyone, have acute shortage of border resources, and there's a pandemic! So DHS must narrow its focus and guide agency personnel accordingly. Hard to imagine a non-frivolous challenge to that in court. 2/
3. The categories of priority individuals are narrower than any implemented in the last 20 years: a) Terrsm /espionage/other nat sec cases, b) recent arrivals (post-11/1/20), and c) people incarcerated AND convicted of ag fels AND and deemed public safety threat. 3/
VICTORY at last!! CA9 responds to COVID outbreak at Adelanto by AFFIRMING the original preliminary injnctn. ICE must release enough jailed immigrants to ensure social distancing at Adelanto. A week too late but we'll take it. @ACLU@ACLU_SoCal#FreeThemAllcdn.ca9.uscourts.gov/datastore/memo…
On reflection I feel compelled to add two other bits: 1. The Court figured out that the Govt began mass testing on 9/14, but didn’t mention the outbreak on 9/15 at argument to CA9. That surely didn’t help their cause. @ACLU#FreeThemAll
Also didn’t help that in response to our emergency motion, the Govt told CA9 they wanted until Friday to respond. During an active outbreak. @ACLU@ACLU_SoCal#FreeThemAll
@paulkrugman@WangCecillia I had hoped to ignore 9/11 this year, but this is too much. I was a junior atty @ACLU in NY on 9/11. I will never forget that day. I _also_ will never forget the nearly 1k people, mostly Muslim immigrants, indefinitely jailed in the Ashcroft raids. 1/
Fed officials repeatedly barred me from meeting them until we threatened to sue. Eventually I saw arnd 100 of these husbands, fathers, hard-working immigrants, treated like "terrorists" bc of their faith. The worst was Metro Detn Center, where BOP shackled them hand and foot. 2/
But treatment at New Jersey's immigration jails was also awful. The ACLU extensively documented this at the time. aclu.org/other/septembe…@JameelJaffer met many of them too, as did @CUNY_CLEAR 's Ramzi Kassem, who was my law student translator for most of my trips. 3/