SCOTUS>Trump Era Immigration Cases Re: Executive Orders

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neeneko
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Re: SCOTUS>Trump Era Immigration Cases Re: Executive Orders

#576

Post by neeneko » Tue Jun 26, 2018 5:27 pm

So I am seeing a few news outlets claiming that Rober's comments:
"affords this Court the opportunity to make express what is already obvious: Korematsu was gravely wrong the day it was decided, has been overruled in the court of history, and -- to be clear -- 'has no place in law under the Constitution.'"
results in an overturning of Korematsu v. United States.

Can anyone chime in on if it actually works that way?



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Mikedunford
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Re: SCOTUS>Trump Era Immigration Cases Re: Executive Orders

#577

Post by Mikedunford » Tue Jun 26, 2018 6:08 pm

The case is clearly bad law. But fucked if I know why - there is no reasoning given.


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bob
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Re: SCOTUS>Trump Era Immigration Cases Re: Executive Orders

#578

Post by bob » Tue Jun 26, 2018 6:27 pm

neeneko wrote:
Tue Jun 26, 2018 5:27 pm
So I am seeing a few news outlets claiming that Rober's comments:
"affords this Court the opportunity to make express what is already obvious: Korematsu was gravely wrong the day it was decided, has been overruled in the court of history, and -- to be clear -- 'has no place in law under the Constitution.'"
results in an overturning of Korematsu v. United States.

Can anyone chime in on if it actually works that way?
So SCOTUS says Korematsu was wrongly decided. As noted on Popehat, it is just virtue signaling without any practical application. (Fred Korematsu's conviction was vacated in 1983.)

IIRC, during one of the travel-ban-cases litigation in some court, the federal government (or a friendly amici) did cite Korematsu as authority, but quickly backed off that position.

Korematsu actually underpins much of the contemporary equal-protection doctrine. I think SCOTUS here meant to say it was wrong decided, but did not intend throw out decades of equal-protection law.


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neeneko
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Re: SCOTUS>Trump Era Immigration Cases Re: Executive Orders

#579

Post by neeneko » Tue Jun 26, 2018 8:21 pm

bob wrote:
Tue Jun 26, 2018 6:27 pm
Korematsu actually underpins much of the contemporary equal-protection doctrine. I think SCOTUS here meant to say it was wrong decided, but did not intend throw out decades of equal-protection law.
That is not something I have heard before. I am going to have to poke around and see what I can learn about that.



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Re: SCOTUS>Trump Era Immigration Cases Re: Executive Orders

#580

Post by Kendra » Wed Jun 27, 2018 8:29 am




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Re: SCOTUS>Trump Era Immigration Cases Re: Executive Orders

#581

Post by Addie » Thu Oct 04, 2018 11:36 am

WaPo
Federal judge, citing Trump ‘animus’ against nonwhites, blocks removal of Haitians, Salvadorans and others ...

In a decision late Wednesday, U.S. District Judge Edward M. Chen in San Francisco found substantial evidence that the administration lacked “any explanation or justification” to end the “temporary protected status” designations for immigrants from those countries.

At the same time, he said there were “serious questions as to whether a discriminatory purpose was a motivating factor” in the administration’s decision, which would violate the Constitution’s guarantee of equal protection under the law.

He cited statements by President Trump denigrating Mexicans, Muslims, Haitians and Africans, including his Jan. 11 remark about “people from shithole countries.”

It is one of numerous cases in which such racial or ethnic comments by the president have been cited by judges to block administration immigration policies.

The judge did not rule on the merits of the case, but rather issued a preliminary injunction so the merits could be considered. The potential harm to the immigrants — return to their countries of origin after spending years in the United States — outweighed any harm to the government, he said.

“Absent injunctive relief, TPS beneficiaries and their children indisputably will suffer irreparable harm and great hardship,” Chen wrote. “TPS beneficiaries who have lived, worked, and raised families in the United States (many for more than a decade), will be subject to removal. Many have U.S.-born children; those may be faced with the Hobson’s choice of bringing their children with them (and tearing them away from the only country and community they have known) or splitting their families apart.”
Adding:
Associated Press: Judge blocks Trump administration from ending protections for some immigrants

The status is granted to countries ravaged by natural disasters or war, and allows citizens to stay in the U.S. until the situation improves.

CNN: Federal judge temporarily blocks Trump administration from ending TPS
San Francisco Chronicle: SF federal judge cites ‘s—hole countries’ remark in blocking deportation plan



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Re: SCOTUS>Trump Era Immigration Cases Re: Executive Orders

#582

Post by Addie » Tue Nov 06, 2018 12:36 pm

BuzzFeed News
The Trump Administration, Again, Asks The Supreme Court To Hear A DACA Case

The last time the administration asked the court to consider DACA's legality, the court told the Justice Department it wanted to hear from the appeals court first.


The Trump administration is again asking the Supreme Court to resolve questions over the legality of the administration's attempt to end the Deferred Action for Childhood Arrivals program.

In a letter filed with the Supreme Court on Monday, Solicitor General Noel Francisco told the court that the Justice Department was filing the request — for the court to take up the issue before any appeals court has ruled in any of the several cases challenging the move — so that the court would be able "to consider this dispute during the current Term."

The Justice Department filed the legal request — a petition for certiorari before judgment — in cases out of California, New York, and Washington, DC, in which judges sided with challengers to the administration's decision to end DACA, issuing orders leaving parts of the program in place for the time being.

While a judge in another case, out of Texas, ruled that the DACA program is likely illegal, that judge also declined to issue an injunction halting the program immediately. That case was not included in Monday's Supreme Court filing.

Earlier this year, the Supreme Court rejected the Justice Department's request to hear the case out of California before the appeals court could weigh in.



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Re: SCOTUS>Trump Era Immigration Cases Re: Executive Orders

#583

Post by Addie » Thu Nov 08, 2018 2:12 pm

Reuters
U.S. appeals court rules against Trump on DACA immigration program

(Reuters) - A U.S. appeals court in California ruled on Thursday that President Donald Trump’s administration must continue a program begun under former President Barack Obama that protects hundreds of thousands of immigrants who were brought into the country illegally as children.

The decision by the San Francisco-based 9th U.S. Circuit Court of Appeals preserves the Deferred Action for Childhood Arrivals (DACA) program introduced in 2012 that has shielded from deportation a group of immigrants dubbed “Dreamers” and given them work permits, though not a path to citizenship.

The ruling represented another legal defeat for Trump over DACA, although he has won court victories on other parts of his hardline immigration policies.

On Monday, his administration asked the U.S. Supreme Court to review a federal judge’s January decision to block Trump from ending the program even before the 9th Circuit had weighed in, an unusually aggressive move in terms of procedure.

Trump said on Wednesday that he saw potential to work with Democrats, who won control of the House of Representatives this week, but he would have to see how the Supreme Court rules on the issue.


Adding:
CNN: Appeals court says Trump admin can't end DACA
USA Today: Federal appeals court rules against Trump administration effort to end DACA program



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Re: SCOTUS>Trump Era Immigration Cases Re: Executive Orders

#584

Post by Addie » Thu Nov 08, 2018 4:25 pm

WaPo
Trump can’t end DACA, appeals court panel says, setting up Supreme Court fight ...

“To be clear: we do not hold that DACA could not be rescinded as an exercise of executive branch discretion,” wrote Judge Kim McLane Wardlaw. “We hold only that here, where the executive did not make a discretionary choice to end DACA—but rather acted based on an erroneous view of what the law required—the rescission was arbitrary and capricious under settled law.”

The panel of judges, all nominated by Democratic presidents, flatly rejected the administration’s position that courts lacked the power to review the executive branch’s immigration actions.

“The government may not simultaneously both assert that its actions are legally compelled, based on its interpretation of the law, and avoid review of that assertion by the judicial branch, whose ‘province and duty’ it is ‘to say what the law is,’” Wardlaw wrote, borrowing the language of the landmark Marbury v. Madison decision.

Wardlaw wrote that the Obama administration was within its powers to enact DACA because it had to make a choice about how to direct limited resources in deporting illegal immigrants, and decided to spare those who came as children, had not committed crimes and were students or in the military.

“The reality is (and always has been) that the executive agencies charged with immigration enforcement do not have the resources required to deport every single person present in this country without authorization,” she wrote. ...

“Recognizing the cruelty and wastefulness of deporting productive young people to countries with which they have no ties, the Secretary of Homeland Security announced a policy in 2012 that would provide some relief to individuals like Garcia, while allowing our communities to continue to benefit from their contributions,” Wardlaw wrote.

The panel’s decision keeps in place an injuction from the lower court that allows DACA recipients to renew their applications. According to California Attorney General Xavier Becerra, more than 187,000 people “have regained or extended their DACA protections as a result of the court’s injunction, and hundreds of thousands of additional Dr amers are eligible to do so.”



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Re: SCOTUS>Trump Era Immigration Cases Re: Executive Orders

#585

Post by RTH10260 » Thu Nov 08, 2018 8:22 pm

https://www.justice.gov/opa/pr/doj-and- ... sylum-rule
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Thursday, November 8, 2018

DOJ and DHS Issue New Asylum Rule

Applies President’s authority to suspend entry to asylum

Acting Attorney General Matthew Whitaker and Department of Homeland Security Secretary Kirstjen Nielsen today announced an Interim Final Rule declaring that those aliens who contravene a presidential suspension or limitation on entry into the United States through the southern border with Mexico issued under section 212(f) or 215(a)(1) of the Immigration and Nationality Act (INA) will be rendered ineligible for asylum.

The Acting Attorney General and the Secretary issued the following joint statement:

“Consistent with our immigration laws, the President has the broad authority to suspend or restrict the entry of aliens into the United States if he determines it to be in the national interest to do so. Today's rule applies this important principle to aliens who violate such a suspension or restriction regarding the southern border imposed by the President by invoking an express authority provided by Congress to restrict eligibility for asylum. Our asylum system is overwhelmed with too many meritless asylum claims from aliens who place a tremendous burden on our resources, preventing us from being able to expeditiously grant asylum to those who truly deserve it. Today, we are using the authority granted to us by Congress to bar aliens who violate a Presidential suspension of entry or other restriction from asylum eligibility.”

Section 212(f) of the Immigration and INA states that “[w]henever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”

Further, Section 215(a) of the INA states that it is “unlawful…for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe.”

In Section 208(d)(5)(B) of the INA, Congress specified that the Attorney General “may provide by regulation for any other conditions or limitations on the consideration of an application for asylum.”

Today’s new rule applies to prospective presidential proclamations, and is not retroactive.

Asylum is a discretionary form of relief granted by the Executive Branch on a discretionary basis to those fleeing persecution on the basis of their race, religion, nationality, membership in a particular social group, or political opinion. The rule does not render such aliens ineligible for withholding of removal under the INA or protection from removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.



The Interim Final Rule can be found here.

Topic(s): Immigration
Component(s): Office of the Attorney General
Press Release Number: 18 - 1474
Updated November 8, 2018



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