Share this page!

Ahilan Arulanantham Profile picture
Twitter logo
14 Mar, 3 tweets, 1 min read
An impt feature of the Biden admin's #publiccharge strategy worth note: they implemented the shift by deciding "the govt will no longer defend" the Trump-era rule in court and abandoned their appeals challenging the dist court decisions enjoining it. 1/ dhs.gov/news/2021/03/0…
That means if Texas or Florida wants to challenge the Biden admin's shift, they'd likely have to bring that challenge in front of the same courts that first struck down the rule. If they didn't, they'd probly face a compelling forum non-conveniens/transfer motion very quickly. 2/
That was smart tactics by the Biden admin, and can be replicated. There are TPS cases, detainer cases, detention cases, and many others before judges who initially ruled in plaintiffs' favor. If Biden admin wants its changes to stick, those are the courts to be in. /end

• • •

Missing some Tweet in this thread? You can try to force a refresh
　

Keep Current with Ahilan Arulanantham

Ahilan Arulanantham Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @ahilan_toolong

Ahilan Arulanantham Profile picture
27 Jan
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/
Read 4 tweets
Ahilan Arulanantham Profile picture
21 Jan
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/
Read 9 tweets
Ahilan Arulanantham Profile picture
24 Sep 20
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 #FreeThemAll cdn.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
Read 5 tweets
Ahilan Arulanantham Profile picture
12 Sep 20
@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/
Read 9 tweets
Ahilan Arulanantham Profile picture
25 Aug 20
It's been awhile, but 400k people w TPS & their families, including several-100k American children, many of whom are still in school, still anxiously await a decision in Ramos v Nielsen. Refresher from @manaro_77 and I. aclu.org/news/human-rig… @ACLU @TPS_Alliance @ACLU_SoCal 1/
@TPS_Alliance isn't just waiting. They are building power. For the last 2 months they have gathered every Monday (with masks) to broadcast to thousands of TPS holders from the steps of the Ninth Circuit. I spoke to them last week. facebook.com/TPSAlliance/vi… @NDLON @sg_ndlon @ACLU 2/
We know Trump acted unconstitutionally - out of racism - when he called TPS holders "people from shithole countries." And his admin acted on that racism, distorting the law to end TPS. aclusocal.org/en/press-relea… @TPS_Alliance @ACLU @ACLU_SoCal 3/
Read 4 tweets
Ahilan Arulanantham Profile picture
28 Jun 20
I have much love and respect for you both @ImmCivilRights @ReichlinMelnick, and I understand the calls for imm rts litigators to raise discrimination claims more given the President’s many racist statements. But I respectfully think the request misguided. 1/
I know of 2 injunctions still blocking Trump-era policies on EP grounds, both TPS – Ramos for all countries and Saget for Haiti. They rest on a MOUNTAIN of evidence, incl. the “shithole countries” statement literally about TPS holders, but lots more. aclusocal.org/sites/default/… 2/
Yet listen to the skeptical q’s I got: ca9.uscourts.gov/media/view_vid…, e.g. at 43:55 (or whole discussion starting at 38:22). After, Regents (DACA decision), Govt immediately filed letter telling the Court the EP decision there hurts us. We still have no decsn in Ramos. 3/
Read 9 tweets

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!

Like this author's thread?

Get emails when @ahilan_toolong has new unrolls!

Check out other threads from @ahilan_toolong!

Read all threads by @ahilan_toolong