https://www.latimes.com/california/story/2020-09-14/9thcircuit-immigrants-temporary-protected-status
Maura Dolan reports for the LA Times:
. . . .
“To the extent the TPS statute places constraints on the Secretary’s discretion, it does so in favor of limiting unwarranted designations or extensions of TPS,” wrote Callahan, an appointee of President George W. Bush. She was joined by Judge Ryan D. Nelson, an appointee of President Trump.
Judge Morgan Christen, an appointee of President Obama, dissented.
She said the Trump administration had changed policy and practice without public review. She described the administration’s action as “an abrupt and unexplained change.”
She noted that the lawsuit challenging the deportation notices said they were motivated by racial and ethnic bias.
Trump reportedly called Haiti and El Salvador “shithole countries” and characterized immigrants from Mexico and Central America as criminals and snakes.
“We cannot sweep aside the words that were actually used, and it would be worse for us to deny their meaning,” wrote Christen. “Some of the statements expressly referred to people, not to places. The President’s statements require no deciphering.”
A statement by the ACLU Foundation of Southern California, which represented the immigrants and their children, said the ruling would not immediately end temporary protected status.
Such holders from these countries will be permitted to maintain their status until at least February, and those from El Salvador until at least November.
The challengers said they would appeal the ruling to a larger panel of the 9th Circuit.
. . . .
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Read Maura’s complete article at the link.
“The President’s statements require no deciphering.” Yup! The Federal Courts obviously know exactly what they are doing and what’s at stake when they blow by due process and equal protection to advance the Trump/Miller/Bar agenda of overt bigotry and racism, often supported by patently contrived or false narratives.
In the end, this will be decided by the election. Still, the disingenuous, racism-denying performances of Judges Callahan and Nelson show why the already failing U.S Judicial system will remain a problem no matter who wins the election. The only issue is whether it will just be a problem or, if Trump were re-elected, become an out of control cancer that will hasten the demise of our democratic republic.
The case is Ramos v. Wolf.
Due Process Forever!
PWS
09-14-20