Tuesday, February 21, 2017

Told Ya' So! Petitioners In 17-CV-480 (USDC, NYED) Get Their Nationwide "Miranda-Style" Disclosure Order -- From Federal Courts In Brooklyn, Tonight...

Well -- that didn't take very long (just as I said yesterday morning). On a day that saw Mr. Trump begin to implement new federal rules related to immigration and deportation (entirely separate from these Muslim banning, and now, court enjoined executive orders) -- the able US District Court Judge Amon, sitting in Brooklyn tonight ordered the Trump Administration to furnish a complete list of those held under the orders by this Thursday at 5 PM EST, latest.

This, my friends, is how the system of ordered liberty works. Here's tonight's concluding paragraph, from the order:

. . . .Accordingly, Respondents are ordered to provide Petitioners, by February 23, 2017 at 5:00 PM, with a list of all individuals with refugee applications approved by U.S. Citizenship and Immigration Services as part of the U.S. Refugee Admissions Program, holders of valid immigrant and non-immigrant visas, and other individuals from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen legally authorized to enter the United States (i.e. putative class members) who, at any time during the period from 9:37 PM on January 28, 2017 until 11:59 PM on January 29, 2017, were being held, including being processed, by U.S. Customs and Border Protection pursuant to the EO. Ordered by Judge Carol Bagley Amon on 2/21/2017. . . .

I would expect entirely new federal lawsuits will be filed in the next day or two (by the ACLU and FAIR, among others), on those other new rule changes -- as at least to my eye, they seem infirm from a constitutional "due process" point of view. People already here in America -- even those who the government alleges are undocumented, entirely -- have earned some notice and opportunity to be heard rights -- under our Fourteenth Amendment. That is, in the words of the Supremes -- to all of these people, "at least some process is. . . due."

Mr. Trump's changes announced today look to fall well-short of that standard, to my experienced eye. And so. . . "see you in court, Mr. Trump" (again!). . . I am all smiles tonight. . . despite his venial attacks on people with little clout.



Anonymous said...

meanwhile, in NC another bit of good news:


condor said...

Thanks yet again, Anonymous --

Yes, that is encouraging, indeed. I am personally celebrating the resurgence of the ACLU's role in American life -- largely due to vast donation increases, driven (ironically enough) by Mr. Trump's overreaches.

The administration's new immigration rules will be the ACLU's next target. And they will prevail, in my estimation.

Moreover, the various voter-suppression measures (nation-wide) are likely to face tough questioning in the courts, over the ensuing four years.