Category: USDC SDFL

🇺🇸⚖️🗽👍👏 CELEBRATE A HUGE GOOD GUYS’ “ROUND 1” WIN OVER WHITE NATIONALIST FL “GOV” RONNIE D!

Adina Appelbaum
Adina Appelbaum
Director, Immigration Impact Lab
CAIR Coalition
Charter Member, NDPA
PHOTO: “30 Under 30” from Forbes

Adina Appelbaum of CAIR Coalition reports on LinkedIn:

https://www.linkedin.com/posts/adina-appelbaum_immigrationlaw-immigrationupdate-legalupdate-activity-7199090235421401088-qNiK?utm_source=share&utm_medium=member_ios

🚩 Federal court knocks down key part of Florida’s anti-immigrant law temporarily – a massive win for immigrants’ rights against anti-immigrant state laws!

Today, the U.S. District Court for the Southern District of Florida granted a preliminary injunction in a lawsuit challenging the main provision of Florida’s anti-immigrant law SB1718. This means this part of the law is temporarily stopped while the full case continues to get litigated.

Spearheaded by anti-immigrant Governor Ron DeSantis, SB1718 has attacked immigrants in Florida in a multitude of ways, including the provision at issue in this lawsuit, which made it a crime to transport anyone into Florida who had not been “inspected” by the US government.

This had the effect of the state of Florida, through state criminal law, unlawfully enforcing federal immigration law, which hundreds of years of case law makes clear is a matter reserved for the federal government. The district court judge agreed (finding the Plaintiffs are likely to succeed on the merits of their conflict- and field-preemption claims).

Congratulations to the ACLU, SPLC, AIC, and AIJ who have led litigation on this case as well as my colleagues Immigration Impact Lab Senior Attorneys F. Evan Benz and Daniel J. Melo and AILA’s amicus committee for writing an excellent amicus brief in support of the lawsuit.

What can you do?

1. Spread the word. Help educate others about the importance of fighting for immigrants’ rights.

2. Celebrate. As we see more and more states seek to pass anti-immigrant laws at the state level following Florida and Texas’ lead, this decision is a milestone moment in advocates’ efforts to fight back. 🎉

#immigrationlaw #immigrationupdate #legalupdate #immigration

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Thanks, Adina, and way to go NDPA Team! The case is Farmworker Association of Florida v. Moody, No. 23-cv-22655 (Southern District of Florida, May 22, 2024). Expect Florida to appeal to the 11th Circuit, so, unfortunately, this isn’t the end of the matter.

Here’s a link to the decision by U.S. District Judge Roy K. Altman (Trump appointee):

https://drive.google.com/file/d/16nz3m5egOWHK4ZTp2oa2t-7kWFj3sjdj/view?usp=sharing

Even as the national (non) debate on immigration deteriorates into lies, myths, and hate, there are still victories to be won by great, motivated lawyers dedicated to defending individual rights and the rule of law against political scofflaws like DeSantis and his nativist ilk! 

🇺🇸 Due Process Forever!

PWS

05-23-24

Related posts:

  1. 🇺🇸🗽⚖️😎 THERE’S STILL SOME INSPIRING NEWS TO REPORT: 1) CHICAGO PASTORS WELCOME BUSSES; 2) GW LAW CLINIC STUDENTS HELP NEW ARRIVALS; 3) W&M LAW CLINIC WINS 27 CASES; 4) NDPA STAR KIM WILLIAMS, ESQ, TRIUMPHS OVER GARLAND DOJ’S “NEXUS NONSENSE” IN 1ST CIR; 5) HRF’S ROBYN BARNARD CALLS OUT BIDEN’S THREAT TO TRASH ASYLUM; 6) CEO BILL PENZY LIKES & APPRECIATES IMMIGRANTS!
  2. ⚖️🗽🧑🏽‍⚖️”MEDLEY OF INJUSTICE” — CIRCUITS CONTINUE TO LOWER HAMMER 🔨 ON BIA: Anti-Asylum Misogyny; Illegal & Incredibly Stupid “Policies;” “Perplexing” Lack Of Legal Knowledge Highlighted In Latest Batch Of Reversals! — “Attempted rape by a gang of men, in broad daylight on a public street, is especially terrorizing because it powerfully demonstrates the perpetrator’s domination, control over the victim and imperviousness to the law. Requiring evidence of additional harms both minimizes the gravity of the sexual assault and demeans the victim.”
  3. 🏴‍☠️BIA CONTINUES TO SPEW FORTH ERRORS IN LIFE OR DEATH ☠️ ASYLUM CASES, SAYS 4TH CIR. — “Three-In-One” — Improperly Disregarding Corroborating Evidence; Incorrect Legal Standard On Past Persecution; Wrong Nexus Finding! — Arita-Deras v. Wilkinson
  4. 🇺🇸🗽⚖️ “[O]ur leaders should be grand-standing with a 21st century plan that embraces immigration and immigrants for all that they can do for America,” Says Beatriz Lopez @ The Narrative Intervention on Substack!

“CRUEL & UNUSUAL PUNISHMENT” ☠️☠️⚰️⚰️ — U.S. District Judge In Miami Orders DHS To Release Prisoners From Krome, Two Other Gulag Locations!

Monique O. Madan
Monique O. Madan
Reporter
Miami Herald

https://apple.news/AQjDZoC6NTGeXbpOQtpY2NA

Monique O. Madan reports for the Miami Herald:

Citing conditions that amount to ”cruel and unusual punishment,” a Miami federal judge ordered U.S. immigration authorities Thursday night to release most detainees held at three South Florida detention centers.

In a 12-page order filed late Thursday, U.S. District Judge Marcia G. Cooke said U.S. Immigration and Customs Enforcement must report to her within three days how it plans to cut its non-criminal and medically vulnerable populations by the hundreds. 

The judge also ordered the agency to submit weekly reports for accountability. After 10 days, ICE is to begin filing twice-weekly reports. Within two days, she ordered, ICE shall also provide masks to all detainees and replace them once a week.

“There is record evidence demonstrating that ICE has failed in its duty to protect the safety and general well-being of the petitioners.,” Cooke wrote. “For example, the Magistrate Judge found that social distancing at Krome is not only practically impossible, the conditions are becoming worse every day. Further, ICE has failed to provide detainees in some detention centers with masks, soap and other cleaning supplies, and failed to ensure that all detainees housed at the three detention centers can practice social distancing.”

The judge added: “Such failures amount to cruel and unusual punishment because they are exemplary of deliberate indifference…. Accordingly, there is sufficient evidence in this record to determine that the present conditions at the three detention centers constitute a violation of the Petitioners’ Fifth and Eighth Amendment rights.”

Those with underlying health conditions or non-violent criminal records who qualify for release would be subject to detention alternatives like parole, telephone monitoring, physical check-ins or GPS monitoring through an electronic ankle bracelet.

The judge’s decision comes about a week after Magistrate Judge Jonathan Goodman filed a 69-page recommendation to her stating that ICE need to “substantially” reduce detainee populations as COVID-19 positive cases continue to climb behind bars, but that the court does not have the authority to issue such an order.

. . . .

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Read the rest of the article at the link.

This is one of the largest populations yet to be ordered released by a Federal Judge.  Judge Cooke’s rationale is amazingly clear and straightforward. Keeping so-called “civil” prisoners in jail in conditions where infection with disease or death is a reasonable possibility is “cruel and unusual punishment” and therefore unconstitutional. 

I’m sure the DHS will appeal and ask for a stay claiming that not being able to create deadly situations for non-criminals going through the legal system is an “emergency.” After all, what would American be without our Immigration Gulag? 

I find it extremely refreshing that Judge Cooke wasn’t taken in by the DHS’s “it’s not a problem until they actually die” argument.

Due Process Forever! Trump’s New American Gulag Never!

PWS

04-30-20

Related posts:

  1. ANOTHER BLOW TO THE REGIME SCOFFLAWS, AS MORE WILL BE REVIEWED FOR RELEASE FROM THE GULAG: Judge Dana Sabraw, USDC SD CA, Orders Further Review, After Plaintiffs Show Undercount In Original DHS Affidavit Submitted To Court!
  2. DON KERWIN @ CMS: “Detention Should Not Be A Death Sentence.”☠️☠️⚰️⚰️
  3. 🏴‍☠️☠️🤮⚰️👎🏻 “PERP NATION” — DHS’S “NEW AMERICAN GULAG” IS A DEATH TRAP FOR MIGRANTS SEEKING JUSTICE — So Why Haven’t Congress & The Federal Courts Required DHS To Comply With The Constitution? — Because We Have The Wrong Folks In Congress & The Federal Courts!
  4. 🏴‍☠️☠️⚰️👎🏻DEATH IN THE GULAG:  DHS Racks Up 17th Detainee Kill Of Fiscal Year — Doubling Previous Year’s Body Count ⚰️ With Months To Go As “DUD” Program Hits High Gear! — Death Either Here Or Upon Return To Danger Without Fair Hearings Is The “Ultimate Deterrent” For America’s White Nationalist Regime!