That's a wrap on the oral arguments in the Remain in Mexico case today! Here are 5 things you need to know about the case and what happened today. #SafeNotStranded A 🧵
1⃣ Tens of thousands of people have suffered under the cruel Remain In Mexico program. There are huge legal issues at play in this case, but the impact of this case on people seeking safety is the most important outcome.
2⃣ Elections matter. Biden campaigned on ending the RMX program. After careful review, he did so. A single district court judge should not be able to thwart the will of the people. Of course a new president should be able to change the policies of a past president.
3⃣ A lone judge should not be able to force negotiations with a foreign government on a single issue when foreign relations are complex and multi-issue. That's what the lower court decisions here did. This is not how our democracy is supposed to work.
4⃣ Our laws have never required the detention of all asylum seekers. The lower court rulings that require RMX to be in place unless the U.S. can detain all asylum seekers is an absurd reading of our laws. Congress never contemplated this; no administration has ever done it.
5⃣ This case is an harbinger for whether Biden will be able to implement his agenda on immigration & other issues. Red states have created a playbook to challenge any effort by Biden to roll back Trump policies. The courts should not continue to allow a shadow Trump presidency.
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The Solicitor General is arguing for the U.S. today. She begins by underscoring the need for Presidents to be able to make policy judgements, not courts. (Subtext: elections matters & courts should not thwart the will of voters). I'll put my takes here on today's argument.
J. Thomas is asking questions about the statutory holding of the lower courts. This is a sleeper issue in the case--the judge below read a portion of the INA in a way that we have never seen it read--to require mandatory detention of asylum seekers. 🤯
J. Sotomayor's zeros in on a central issue in the case. Why do we have such an extensive injunction in place? Why didn't the lower courts just vacate the original memo terminating the RMX program. The aggressive injunction requiring good faith steps to reinstate RMX went too far.
It's been a day in immigration court land. 🤯Within hours of one another we got dueling decisions from 2 different courts in cases involving Title 42, an absurd, cruel policy that has made a mockery of our asylum laws. Here's a 🧵on what happened today. /1
This morning, the DC Circuit ruled in the Huisha Huisha case brought by a courageous group of plaintiffs & attorneys challenging the use of T42 against families. The decision was a win b/c the court said T42 should not be applied to expel families to persecution or torture./2
This merits a bit more explanation. 1st, the DC circuit said that the administration could use the CDC order to expel migrants. But, the court said that power was not unchecked--and migrants could not be expelled to places they would be persecuted or tortured. /3
#Breaking: The 5th Circuit shamefully failed to stop a district court decision that will force the government to resurrect Trump’s failed #RemainInMexico program as early as this weekend. Court watchers and advocates should care about this ruling. A thread 🧵about why: 1/9
TX is using the playbook states like CA & others employed in the Trump years to try to stop Biden from getting rid of terrible Trump policies. Gov Abbott thinks scoring points by scapegoating immigrants is a winning strategy & continues to blame immigrants for his failures. 2/9
One lawsuit filed by TX and MO sought to prevent Biden from winding down the heinous “Remain in Mexico” program, which was instituted by Trump and left tens of thousands of asylum seekers marooned in Mexico for months or years with no way to assert their right to asylum. 3/9
I am literally over the moon🌛 to be reading the court order in our Gomez case. After litigation against the Trump and Biden administrations, we finally have a court order requiring the government to issue 9,095 diversity visas that had been held aside for about a year. /1
These are individuals who applied for and won the diversity lottery back in fiscal year 2020…. In other words, they have been waiting about 2 years for this day. Let’s do a rewind to remember how we got here. /2
In June 2020, President Trump signed a sweeping immigration ban blocking most legal immigration to the U.S. This stopped the processing of diversity visas. Every year 55,000 individuals “win” the diversity visa lottery & a chance to come to the U.S. on a green card. /3
As expected, Judge Hanen has issued an order that is out of sync with other legal interpretations on #DACA and effectively halts the program for new applicants. A thread on what the order does -- & doesn’t -- mean 1/8
First, the order should underscore for everyone watching that the clock ⏰ is ticking for Congress to act on #immigration. They needed to act 20 years ago, and they REALLY need to act now. But here’s what folks need to know now 2/8
Current DACA recipients are safe for now. While the order vacates the entire program, the Court has said that DHS can continue to process renewals for now. We don’t know how long this will last, so if you’ve been waiting to renew, make sure to do it now. 3/8
Wonderful news out of the @TheJusticeDept today! AG Garland has reversed Matter of Castro-Tum, the decision by former AG Sessions that ended the use of administrative closure in immigration courts. This is a very important return to fairness in immigration courts. My take. /1
Here is the decision for my fellow legal nerds. justice.gov/eoir/page/file… Administrative closure is a long-used tool that allowed immigration judges to close immigration proceedings when agreed by all parties--and when the equities of the case warranted it. /2
Discretion is an essential tool for any fair court system, especially our immigration courts that run on unjust immigration laws in desperate need of updating (Hint, hint Congress). When former AG Sessions ended admin closure over 350K CLOSED immigration cases were reopened. /3