⚖️FINALLY, 6TH CIRCUIT JUDGES WHO UNDERSTAND PD BLOW AWAY TRUMP USDJ’S TOTALLY UNWARRANTED PI AGAINST THE “MAYORKAS MEMO!” 

 

Dan Kowalski reports for LexisNexis Immigration Community:

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca6-reverses-enforcement-memo-injunction-arizona-v-biden

CA6 Reverses Enforcement Memo Injunction: Arizona v. Biden

Arizona v. Biden

“In September 2021, the Secretary of Homeland Security issued a memorandum to his deputies outlining the Department’s immigration enforcement priorities and policies. Arizona, Montana, and Ohio filed this lawsuit in the Southern District of Ohio to enjoin its implementation. The district court issued a “nationwide preliminary injunction,” applicable to all 50 States, blocking the Department from relying on the priorities and policies in the memorandum in making certain arrest, detention, and removal decisions. Our court granted the National Government’s request for a stay pending appeal and ordered expedited briefing and argument. We now reverse the district court’s grant of preliminary injunctive relief.”

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Great news! Finally, Federal Judges who understand PD and reject the White Nationalist BS and mythical (basically fabricated) “injuries” to states. Trump UDSDJs have been an almost unmitigated disaster (surprise). In this case, it was Trump appointee Judge John Michael Newman of the S.D. Ohio who let his righty ideology get in the way of settled law on the Executive’s authority to exercise prosecutorial discretion in immigration cases.

I highlighted the possibility of a long overdue positive intervention by the 6th Circuit, following oral argument, several weeks ago. https://wp.me/p8eeJm-7IH

Welcome as this decision is, it’s not going to have any immediate effect because: 1) the 6th Circuit had already stayed the PI pending appeal; 2) another out of control Trumpy USDJ in the SD Tex, Judge Drew B. Tipton, recently issued a totally unjustified decision purporting to “vacate”  the “Mayorkas Memo” nationwide. 

Nevertheless, there is some reason to hope that the compelling reasoning of this 6th Circuit decision along with the rationale of the Supremes’ recent decision in Texas v. Biden, rejecting a similar dilatory attempt by nativist state AGs to interfere with the Biden Administration’s termination of the abominable “Remain in Mexico” disgrace, will eventually end this frivolous litigation by GOP state AGs, aided and abetted by some Trump Federal Judges. See, e.g., https://wp.me/p8eeJm-7Lm

🇺🇸 Due Process Forever!

PWS

07-06-22

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