"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt and Dr. Alicia Triche, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
Brent Kendall and Alicia Caldwell report for the WSJ:
A federal appeals court for now agreed to narrow the effect of its recent ruling that blocked a Trump administration policy of returning immigrants at the southern U.S. border to Mexico while their requests for asylum are considered.
The San Francisco-based Ninth U.S. Circuit Court of Appeals, in an order issued Wednesday, said it ruled correctly last week that the administration’s “Remain in Mexico” policy is unlawful. But the court acknowledged the “intense and active controversy” over nationwide injunctions against administration policies and said it would limit its ruling for now to the two border states within its jurisdiction: Arizona and California.
. . .
The Ninth Circuit also said none of its ruling would go into effect until March 12, to give the Trump administration a week to ask the Supreme Court for an emergency stay to keep the policy in place every-where for the time being.
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The plaintiffs have already “won” this case about the regime’s unlawful actions twice. But, they are yet to get any meaningful relief. Instead, folks continue to suffer and be irreparably harmed while the wheels of justice slowly grind.
Brent Kendall and Michelle Hackman report for the WSJ:
A federal judge in Maryland blocked President Trump’s executive order giving state and local governments the ability to say no to having refugees placed in their communities.
U.S. District Judge Peter J. Messitte issued a preliminary injunction Wednesday that barred the administration from implementing the president’s order. He said refugee-resettlement organizations that sued to challenge the policy “are clearly likely to succeed in showing, that, by giving states and local governments veto power over the resettlement of refugees within their borders, the order is unlawful.”
Giving states the power to determine whether refugees will be received “flies in the face of clear congressional intent,” Judge Messitte, a Clinton appointee, said in the opinion.
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Those with WSJ access can read the complete article at the above link.
This “victory” might be little more than symbolic for refugee advocates. In an unprecedented action, the Trump Administration has slowed the flow of legal refugees to a trickle and could simply use the “bureaucratic veto” to prevent any more from coming, as they have gotten away with in other areas.
Certainly, this should give lie to the Trump Administration’s inevitable argument to Federal Appeals Courts that this is an “emergency” requiring them to intervene prior to the completion of District Court proceedings. But, up until now, neither law nor reality has been much of a factor when it comes to the Supremes, and sometimes the Circuits, going “belly up” and allowing the regime to run roughshod over human lives and the rule of law in the immigration and refugee areas.
Chief Justice Roberts wonders why the judiciary is treated with contempt by the regime and is losing respect from the large majority of the legal community not subservient to Trump. The answer is all too often pretty obvious.
Per MKL, Jr.: “Injustice anywhere is a threat to justice everywhere.” It’s an important message that all too many Federal Judges and other (supposedly responsible) public officials seem to have forgotten in the “Age of Trump” and his corrupt and overtly White Nationalist regime.
Civil-rights and immigration groups filed a lawsuit challenging new Trump administration rules that could dramatically limit asylum claims by Central American migrants seeking entry to the U.S.
The suit, filed in a northern California federal court on Tuesday, alleges the new asylum policy is “an unlawful effort to significantly undermine, if not virtually repeal, the U.S. asylum system at the southern border.
It “cruelly closes our doors to refugees fleeing persecution,” the suit added.
The American Civil Liberties Union filed the lawsuit on behalf of several groups that assist migrants and refugees.