Trump -- imagining himself a faux-king -- failed to obtain Senate approval for the appointment, and since Cuccinelli was never an "assistant" to anyone so appointed [on advice and consent of the Senate]. . . his appointment violates 5 U.S.C. § 3345, et seq.. That in turn means. . . his rules and proclamations to speed deportations are. . . a nullity:
. . . .Under the Appointments Clause of Article II of the Constitution, the President must obtain “the Advice and Consent of the Senate” before appointing any principal officer of the United States and, unless Congress vests the appointment power in the President, a court, or a department head alone, before appointing any inferior officer as well. U.S. Const., Art. II, § 2, cl. 2. This requirement is “more than a matter of ‘etiquette or protocol’; it is among the significant structural safeguards of the constitutional scheme.” Edmond v. United States, 520 U.S. 651, 659 (1997) (quoting Buckley v. Valeo, 424 U.S. 1, 125 (1976) (per curiam)). By dividing authority between the President and the Senate, the Appointments Clause serves as a check on both branches of government and a means of “promot[ing] . . . judicious choice[s] of [persons] for filling the offices of the union.” The Federalist No. 76, at 454–59 (C. Rossiter ed. 1961) (A. Hamilton). . . .
The Federal Vacancies Reform Act of 1998 (“FVRA”), 5 U.S.C. § 3345 et seq., represents the “latest version of that authorization.” SW General, Inc., 137 S. Ct. at 934. Subject to exceptions not relevant here, it sets forth the exclusive means of temporarily filling vacancies in PAS offices. . . .
On July 2, 2019, three weeks after assuming his new office, Cuccinelli issued a memorandum announcing a revised policy for scheduling credible-fear interviews in expedited removal proceedings. AR 113. Under the revised policy, USCIS (1) reduced the time allotted for asylum seekers to consult with others prior to their credible-fear interviews from 72 or 48 hours to “one full calendar day from the date of arrival at a detention facility,” AR 113 (“reduced-time-to-consult directive”), and (2) prohibited asylum officers from granting asylum seekers extensions of time to prepare for their credible-fear interviews, “except in the most extraordinary of circumstances,” id.; see also AR 114 (“prohibition-on-extensions directive”).
Although not reflected in the memorandum, Plaintiffs assert that Cuccinelli also cancelled “[t]he in-person [legal] orientation process that was” previously “in place” at the Dilley Detention Center in Dilley, Texas. Dkt. 12-2 at 3–4 (Fluharty Decl. ¶¶ 6–7) (“in-person-orientation directive”). Before its cancellation, according to Plaintiffs, that policy “allowed asylum seekers to ask questions about their legal rights, provided the only means of transmitting information to asylum seekers who cannot read, and facilitated understanding for asylum seekers with special needs, including disabilities or competency issues. . . .”
Of course, team Trump will appeal, but for now it is "back to square one", on trying to curtail would-be asylees' rights to an orderly process of obtaining their evidence for the critical "credible fear" interview hearing. It is often outcome determinative, to a claim for asylum.
And. . . a mere 48 hours, from detention to hearing -- is far less than usually is alotted, in almost all states -- for a simple "drunk and disorderly" bond hearing, at a local jail [where the worst outcome is usually. . . five days in jail, to sleep it off]. That's insane -- as permanent deportation [life and death, usually] is at stake -- in the credible fear hearing.
Onward, smiling, just the same -- as it is clear, warming and sunny here. . . .
नमस्ते
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