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/…
2. Speaking of parole … how the Biden admin reacts to the MPP decsn in Texas v Biden themissouritimes.com/wp-content/upl… will say a lot about how committed they are to rebuilding the asylum system. @ReichlinMelnick @carla_ruth @WangCecillia @OmarJadwat @leegelernt @kalhan 4/
As @segalmr & I have argued, the admin could have pointed to the Trump admin's racism to definitively kill MPP (and other Trump-era programs). newsweek.com/reverse-trumps… But they chose instead to do so on purely policy grounds. So now they are stuck litigating under the APA. 5/
Unlike with the recent DACA decision, the heart of this decision, p.34-44, mostly concerns DHS’s failures to _consider_ certain factors in the memo ending MPP. Those defects could be fixed by just rewriting the memo. Anyone versed in MPP could do this in just a few days. 6/
The only alleged substantive defect is that ending MPP causes violations of the detention mandate at 8 USC 1225(b). But that is dead wrong. Jennings v Rodriguez (SCOTUS) held parole is (the only) exception to the detention mandate for people seeking asylum. I remember it well! 7/
If the shoe were on the other foot, the Trump admin would aggressively appeal, seek a stay, rewrite the memo asap, and reinstate their policy, forcing the courts to stop them again. Let’s see if the Biden admin will do the same & make the courts own the MPP train-wreck. 8/
3. Speaking of Rodriguez... did anyone else notice Chrysafis v Marks supremecourt.gov/opinions/20pdf…? SCOTUS just enjoined the COVID eviction moratorium in NYC because ... wait for it... landlords have a _right to a hearing_ when they try to evict people!! @Das_Alina @equalityAlec 9/
So here’s modern Due Process doctrine for you: immigrants can be imprisoned _for months_ with no hearing (Demore v Kim), but landlords have a right to a hearing to evict tenants during pandemics. How’s that for “fundamental fairness”? The founders are rolling in their graves! 10/
4. We learned some awful stuff re our local South Pas PD's bias vs #BLM protesters. Pls consider signing this petition docs.google.com/forms/d/e/1FAI… asking @AGRobBonta to investigate this: carefirstsouthpasadena.com/about-1 @BLMLA @DocMellyMel @Vpatterson1269 @newman_chris @mtajsar @PeterBibring
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