BOOM!

Just won another major milestone in the quest to unseal the #TantonPapers. If you're just getting here, some background:

motherjones.com/politics/2021/…
After our win in the Michigan Supreme Court and remand back to the Court of Claims, the University filed a motion to dismiss. This morning, it was denied.

Decision:
hmalegal.com/uploads/3/7/9/…
The University's principal argument since the beginning was that the gift agreement between Tanton and UM served to insulate the sealed papers from FOIA.

Today, they lost that argument.
We had asked the Court to order UM to provide a Vaughn index, a log that identifies each document and states what exemption applies and why. It would be a good way to get an idea of what's in the sealed boxes.
At a prior hearing in July, we agreed to let the Court decide all the other issues besides the Vaughn index, in case the Court would dismiss the case and render the Vaughn index moot. (Vaughn indices are notoriously laborious).
Today, thanks to the skillful lawyering of @olcplc, the Court lifted the stay on that order, and ordered UM to provide the Vaughn index within 28 days.
Icing on the cake: the Court ruled that 3 of the boxes (15 - 17) - UM waived whatever right they had to seal them under the agreement because they were once open to research.

We think we can get at least those boxes right now. Stay tuned!
We expect UM to take an interlocutory appeal. And play fast and loose with the Vaughn index. But at every stage of this litigation, their arguments and options have dwindled, and today they lost the biggest argument they had.
It's been nearly 5 years since I filed the FOIA that started all of this, anxious to shed light on the eugenics-fueled white supremacy that underlies our immigration policies and exposing the #TantonNetwork's enormous influence in creating those policies.
They can't hide from us.

#SunlightDisinfects
#CrushWhiteSupremacy

(You listening, @stephenm?)

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More from @HMAesq

10 Sep
Who is the anti-immigrant movement?

It's time to pull off their masks. My colleague @MarkPotok with @C4ARR put together profiles of key players in this network.

They're the reason we're in this mess.
1. Dan Stein

President of Tanton flagship @FAIRImmigration and faithful acolyte of John Tanton, racist architect of the movement.

Wants to bring back racial quotas into immigration.
Thinks Latinos and Muslims are a threat to American identity.
2. Mark Krikorian

ED of @CIS_org, the Tanton "think tank."

Virulent Islamophobe and white nationalist sympathizer.
Pushes racist agenda under academic guise.
Thinks immigrant children should be sent to Guantánamo.

More: radicalrightanalysis.com/2021/08/03/mar…
Read 10 tweets
1 Sep
I've seen a lot of ink over the last two weeks attempting to explain the Taliban's lightning takeover of this beautiful country. Biden botched the withdrawal. Afghans are tribal. The Taliban wouldn't have been able to if they weren't popular. Pakistan enabled them.
I won't opine on the accuracy of these statements. People a lot smarter than I can duke it out. My calling is to help the traumatized and voiceless and take their stories to lawmakers to give them a voice. Same I did in Tijuana and Texas and at Dulles during the Muslim Ban.
I went to Dulles again on Sunday night when I found out a young Afghan had been detained there for nearly 3 days. No lawyer, no info. We dutifully filed our G-28's even though they're routinely ignored by CBP. (I've seen this movie before. A lot.)
Read 14 tweets
26 Aug
I spent the morning today visiting the processing center for Afghan evacuees outside Dulles Airport.

Several agencies were there: USAID, FEMA, the Army, and of course the State Department.
2000 more are expected today. More are coming.

Most are paroled into the US, with very unofficial documents clearly hastily created.

There are some US citizens, green card holders, and those with approved immigrant visas and Special Immigrant Visas (given to translators/allies)
And a lot of mixed status families.

There is very tight security (I only got in because I was connected to one of the other volunteer orgs.)

I'm told that once they leave, they're given the choice to go to a military base where there is legal support.
Read 9 tweets
21 Jul
New decision: Matter of O-R-E-:

Laches (delay) cannot be a defense in removal proceedings. One more tool taken away from us.

justice.gov/eoir/page/file…
As @Allandaros notes, the respondent in this case couldn't convince the court he didn't participate in the Rwandan genocide. Bad facts make bad law.

But the Board did something interesting, too.
It noted that equitable defenses like laches originate from the Constitution.
Article III, to be specific. Real courts have this authority: immigration "courts" don't qualify.

So when we talk about due process in imm courts, we mean creating courts pursuant to Constitutional authority. For immigration, that's Article I. fedbar.org/government-rel…
Read 4 tweets
15 Jul
OK. This is a problem. As I said in 2019, "basic standards of journalistic integrity are that these organizations be properly contextualized as the white nationalist organizations that they are.”

These are the groups that enabled ppl like Stephen Miller.

yahoo.com/entertainment/…
.@DefineAmerican did a similar study covering 2014-2018 and found the same troubling trend: white nationalist organizations being given cover as a legitimate "other side" of the immigration debate.

WHITE NATIONALISTS ARE NOT LEGITIMATE. That's all.

defineamerican.com/journalismRepo…
Time and time again, colleagues of mine and advocates I stand with have pleaded with journalists to see these groups for what they are.

I sued @UMich to unseal the papers of their founder, Dr. John Tanton, to tell that part of the story.

motherjones.com/politics/2021/…
Read 5 tweets
10 Jul
*knock knock* hey @StephenM you listening? I'm the guy unsealing the #TantonPapers, the blueprint for the organizations that told you how to build your deportation machine.

I've been at this for over 4 years. Just wanted to share a little update!
Some quick background: John Tanton was the mastermind behind the largest and most effective anti-immigrant organizations in the US. Tied inextricably to the white nationalist movements, they've infiltrated deep into all levels of government and policy.

motherjones.com/politics/2021/…
After 4 years, thanks to @isabelaalhadeff I finally got to see the "gift agreement" Tanton struck with UM. And it likely doesn't reach the level of an enforceable contract. Nothing more than a string of receipts. But here's the kicker:
Read 10 tweets

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