Monday, February 20, 2017

Meanwhile, In Brooklyn, This Morning... Of Miranda-Style Rights...

The plaintiffs have requested that the federal trial level courts in Brooklyn order Mr. Trump to both inform all aggrieved parties of their US constitutional, statutory and regulatory rights -- and provide the lawyers for plaintiffs with contact details for each person refused entry since the date of the executive order -- so that the status of each of those persons may be evaluated, regardless of where they have been sent off to, by Mr. Trump's agents. [Sort of a Miranda warning, for all affected persons, if you will.]

I predict the plaintiffs will win the vast bulk of this motion. And, here is the full filing, from just this morning -- and a bit:

. . . .[T]here is significant evidence of systemic coercion, and many if not most or nearly all of the individuals who were excluded want at least the opportunity to return — as evident by the many individuals who have already returned despite the ordeal they suffered during their initial exclusion. See Dkt. 53-1 at 15-17 (describing government’s coercive tactics outlined in declarations of removed individuals).

Petitioners obviously do not argue that any class member must come back; but the government can and should facilitate the identification of class members and their return if they wish. . . .

For the balance of the day, since I am off-grid with a client -- I've revised my masthead to reflect what science looks like, on "a day without immigrants". President Washington certainly would agree -- our 240 years of shared history is. . . almost to a person, immigrants' history. Here endeth the sermon.


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