Just filed complaint now. Curfew violates 1st, 5th, 9th (really), and 14th Amdts. Virtually all protests in SoCal have been peaceful. 30k people protested over last 5 days. But Govt trying to repress all 10 million! of us bc a few people NOT from #BLMLA looted in a few places.
The repression is real. Kim Beltran Villalobos got detained and cited parking her car by her house at night. LA Taco Journalist @ShotOn35mm detained and beaten by police while covering protests. @ThomasNolan had to stop peaceful protests in San Bernardino bc curfew.
Eric Stith is a software engineer in Antelope Valley - MILES from any civil unrest - but is legitimately scared to go out at night bc cellphone say it's illegal. @MayorOfLA@LACountyBOS please do the right thing. End the curfews. Let the people speak. And walk outside freely.
Predictably awful decision in Muñoz today. SCOTUS kills off all claims--that had been brought for years--by spouses separated through the visa denial process, saying the citizen spouses have no right to any explanation as to why their partners have been denied admission. 1/6
For background, check out my thread on this case before argument here . Reporters (and others outside immigration world), please don’t ignore these huge immigration cases coming at the end of the SCOTUS term amidst all of its other major decisions!! 2/6
Among other highlights: SCOTUS leans into racist, sexist, and other retrograde history to support its claim that there is no tradition of protecting spouses in immigration law. It cites Chinese Exclusion statutes, and even the Alien and Sedition Acts (though not by name)! 3/6
Must read!! Superb brief filed by @karahartlzer in CA9 anti-discrimination challenge to the criminal illegal reentry statute. Bottom line: there's no question it was enacted based on anti-Mexican racial animus. Sorry for long 🧵but there's A LOT here. 1/ bit.ly/3yexodc
Recall that 8 USC 1326 is the most prosecuted federal crime in the United States, FAR exceeding all others. bjs.ojp.gov/content/pub/pd…. My colleague @ingrideagly has written extensively on it, e.g. bit.ly/3RxVg2q. 2/
Recall also @klytlehernandez has uncovered the law's racist origins. TLDR: Eugenics was all the rage in the 1920’s, when Congressmen (yes, all men) testified that the law was needed to "protect American racial stock" from Mexican "mongrels," among other v racist args for it. 3/
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/