We have the first executive order on border issues (emailed out)! It begins by declaring that "Securing our borders does not require us to ignore the humanity of those who seek to cross them. The opposite is true."
I strongly agree with that!
Here's the first operative language, calling for the preparation of a "Root Causes Strategy" and a "Collaborative Management Strategy" to be prepared with the Assistant to the President for National Security Affairs, Secretary of State, DHS Secretary, the AG, and others.
The "Root Causes Strategy" is designed to "identify and prioritize actions to address the underlying factors leading to migration in the region and ensure coherence of United States Government positions."
There is a long list of things that the Strategy must take into account.
The Collaborative Management Strategy calls for a "focus on programs and infrastructure that facilitate access to protection and other lawful immigration avenues, in both the United States and partner countries, as close to migrants' homes as possible."
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On to the Legal Immigration Executive Order (thanks @DLind for emailing).
It begins by affirming that "Our Nation is enriched socially and economically by the presence of immigrants, and we celebrate with them as they take the important step of becoming United States citizens."
The first portion of the legal immigration executive order calls for the creation of a Task Force of New Americans to be run out of the White House Domestic Policy Council, with will "coordinate the Federal Government's efforts to welcome and support immigrants."
Next, the EO calls for a full review by the AG and the Secretaries of DHS & State Dep't of "existing regulations, orders, guidance documents, policies, and any other similar agency actions that may be inconsistent" with the welcoming policy of the Biden administration.
On to asylum processing, the part I'm most interested in. First, the DHS Secretary and the CDC Director are required to "promptly begin consultation and planning" with NGOs "to develop policies and procedures for safe and orderly processing of asylum claims."
Nothing concrete.
Next, the Secretary of Homeland Security, in consultation with the AG, the HHS Director, and the CDC Director, "shall promptly begin taking steps to reinstate the safe and orderly reception and processing of asylum seekers."
As part of that review, the HHS Secretary and CDC Director, along with the DHS Secretary, are directed to "promptly review and determine whether termination, rescission, or modification" is necessary for the Title 42 Process, as well as the underlying Trump-era CDC order.
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.
🔥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.
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).