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/
Several courts found the Haiti TPS termination motivated by racism (and illegal on other grounds too). 2 issued injunctions - Saget, and Ramos (which enjoined all the Trump TPS terminations). The CA9 decision reversing Ramos did not dispute that Trump was motivated by racism. 4/
And that ruling has yet to take effect because we appealed it (sought rehearing en banc) and, before the appeal was decided, the Biden admin agreed to seek extensions while it decided what to do. That process has now dragged on for four months. 5/
In other words, the Biden admin STILL has not said whether it wants to defend the "shithole countries" Trump-era decisions, either in Ramos or Centro Presente (another TPS case in which a court could in the future issue an injunction). 6/
Today's piece also fails to connect dots to TPS for El Salvador (incl. this NYT reporting) nytimes.com/2021/04/07/mag… Most of the remaining people who have lived here lawfully for decades but remain in theory subject to the Trump-era TPS decisions are Salvadoran (about 200k). 7/
Trump also terminated TPS for 85k Hondurans, 15k Nepalis, 4k Nicaraguans, and 1.5k Sudanese. Most of them have lived here for decades. #TPSJustice means granting them permanent residence (as in HR 6). But at minimum the Biden admin should designate those countries for TPS. /end
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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/
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/
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/