🔥We just published a brand new report, authored by @Ingrid_Eagly and @stevenshafer, proving that the overwhelming majority of immigrants show up for their court hearings.
The report puts to rest years of false narratives about immigrants missing court.
Orders of removal for missing court can only be overturned:
- If the government failed to provide notice, or
- Within 180 days, if a person missed court due to "exceptional circumstances."
The fact that 15-20% are later overturned suggests massive failures to provide notice.
In 1996, when Congress created mandatory detention of asylum seekers and others, it said detention was needed to make sure people showed up in court.
Today's report makes clear why this is not true. People show up for their hearings.
Just jumped into listening to the Tipton status hearing in the Texas case and the Texas AG just said something wildly incorrect, that all 14,000 people held in ICE detention would be released—but that's just completely wrong. It only applies to those with final orders!
Tipton, admitting his lack of knowledge on immigration law, asks a series of questions about detention that suggests he completely buys into Texas's argument that anyone with a criminal record is per se dangerous. But they served their time! If they were a citizen they'd be out.
Kirschner pushing back on Tipton and the AG's focus on detention, making clear that the case is about "removal," not detention. He asks Tipton to lay out his questions fully so they can answer them.
Judge Tipton made clear in his decision that he was NOT ruling on the basis of Texas's "contract" with DHS, but instead ruled solely on the Administrative Procedures Act claims.
Very important caveat to Judge Tipton's order: it does NOT apply to the "Interim Civil Enforcement Guidelines" (the new priorities) in Section B of the memorandum from Wednesday night. It applies ONLY to the moratorium itself in Section C.
The DOJ filed its response last night, making 6 arguments, if you count "are you kidding me" as a distinct argument.
- MOU is unenforceable
- No waiver of sovereign immunity
- Discretionary decisions are nonreviewable
- No standing
- No irreparable harm courtlistener.com/recap/gov.usco…
Thanks to @DLind for flagging that DOJ just responded to Texas's submission of a Tucker Carlson piece claiming ICE had been ordered to release everyone.
They point out that a small set of releases occurred because of a lawsuit unrelated to the moratorium. courtlistener.com/recap/gov.usco…
And we're off, hearing is beginning now in a very crowded Zoom where I see a lot of Immigration Twitter has tuned in.
Appearing today are:
- Will Thompson for Texas AG's office (argued on Friday)
- Daniel Hu, DOJ Civil Chief
- Adam Kirschner from local DOJ (argued on Friday).
Here's a copy of the TRO. It claims that "Texas faces irreparable harm from having to provide costly educational, social, welfare, healthcare, and other services to illegal aliens who remain in Texas because Defendants have ceased removing them."
Here is a full copy of the agreement between DHS and the State of Texas.
It was signed by Ken Cuccinelli on behalf of DHS—which, given the fact that he was unlawfully appointed to his job means the entire agreement is null and void on that ground alone.
Now that President Biden has fulfilled the first part of his promise to end MPP, there are still thousands of people waiting south of the border in a dangerous limbo.
Under the staggered admissions process, individuals who have been waiting the longest in MPP would be prioritized for readmission, along with vulnerable individuals who cannot wait any longer. We believe this is the most fair way to address operational challenges.
And it begins—NPR uses an inflammatory picture of a caravan that was broken up days ago for a story about a deportation moratorium that only applies to those here months ago and a policy reversal that wouldn't have affected almost all of the caravan even if they had made it here.
Editors who draft headlines and choose pictures for stories, please, I beg you, these small choices matter a LOT.
I guarantee you that 99% of the people who saw this tweet did not click the story, and as a result will leave with a completely false opinion about what happened.
For those curious, the "migrant caravan" is almost totally broken up. As of last night, ~4,000 out of 7,200 people recorded as entering Guatemala have already returned to Honduras. That's up from 3,000 reported on Tuesday—so that number will keep climbing.