Judge Halts Termination of TPS for Sudan, Haiti, El Salvador, and Nicaragua

Center for Immigration Studies ^ | 05 October 2018 | Andrew R. Arthur

[zeestephen]

This post deals with:

(1) The legal basis for injunctive relief.

(2) Examines the statute that forbids any judicial review of Trump's TPS termination order.

(3) Points out that Trump is simply trying to enforce the exact language in the Immigration and Nationality Act.

(4) Debunks the claim that Trump has animus against people of color.

[SauronOfMordor]

Appeal to Supreme Court, now that Kavanaugh is seated.

[montag813]

TPS was an Executive order. It can only be reversed, and is not subject or review or action by a judicial authority. Sessions is so passive on these matters it is astonishing.

[ZULU]

Trump will move after the mid terms.

[WASCWatch]

Trump needs to start ignoring everything a judge rules on without having the jurisdiction to do so.

[Revel]

If Republicans could get 2/3 of the Senate then they could clean the house of these judges.

[zeestephen]

Re: “Appeal to Supreme Court, now that Kavanaugh is seated.”

Unfortunately, this is being appealed in the Stalinist Ninth Circuit.

We already know how the Ninth will rule.

The only question is how many years it will take before it even gets to the Supreme Court.

Actually, there is a second question....

Why does Trump trust politically corrupt DOJ lawyers to competently plead his TPS case in federal court?

[Stanwood_Dave]

This is not meant to flame you, but proof that they (Republicans) would never clean house, just think about U.S. Senator Susan Collins of Maine, yea she gave a good speech, but REMEMBER SHE LAID COVER FOR U.S. Senator California, Dianne Feinstein.

If you didn't listen / get it the first time, then listen to the speech again.

I don't know what is in the water they drink in Wash. D.C. But its got to be something, they VERY SELDOM go after another Senator.

[Electric Graffiti]

“Trump needs to start ignoring everything a judge rules on without having the jurisdiction to do so.”

We have a winner. Not only that, but these tyrannical asshats making unconstitutional edicts from the bench, destroying what’s left of our republic, need to be rounded up in the dead of the night and sent to gitmo.

This sh!t has got to stop. I would ship the idiot lawyers and advisors that Trump has to gitmo as well.

[Electric Graffiti]

Sessions is doing what his deep-state masters tell him to do

[SteveH]

i am not a lawyer but if i were i would advise the government to appeal directly to the USSC on this one.

[Right-wing Librarian]

What a legacy, eh? How that man can look in the mirror is beyond me. He makes my stomach churn with complete and utter disgust.

[ATOMIC_PUNK]

From the article !

In a September 5, 2018, opinion piece in the Wall Street Journal, Sen. Ben Sasse (R-Neb.) stated:

It’s predictable now that every Supreme Court confirmation hearing will be a politicized circus. This is because Americans have accepted a bad new theory about how the three branches of government should work—and in particular about how the judiciary operates.

In the U.S. system, the legislative branch is supposed to be the center of politics. Why isn’t it? For the past century, more legislative authority has been delegated to the executive branch every year. Both parties do it. The legislature is weak, and most people here in Congress want their jobs more than they want to do legislative work. So they punt most of the work to the next branch.

The consequence of this transfer of power is that people yearn for a place where politics can actually be done. When we don’t do a lot of big political debating here in Congress, we transfer it to the Supreme Court. And that’s why the court is increasingly a substitute political battleground. We badly need to restore the proper duties and the balance of power to our constitutional system. [Emphasis added.]

Section 244 of the Immigration and Nationality Act (INA), which implements TPS, is a prime example of the delegation of legislative authority to the executive branch about which Sen. Sasse refers. As my colleague Mark Krikorian explained in 2016:

Congress in 1990 created [TPS] in an attempt to hem in unilateral executive actions on immigration. The law created a framework for presidents to let illegal aliens from a country stay here for a limited period of time if there was a natural disaster or civil violence back home that made the country “unable, temporarily, to adequately handle the return of its nationals.” The point was to prevent presidential freelancing.

[ATOMIC_PUNK]

Id wager MS13 is feeling pretty good right now this will open the gates for a flood of machete whackers !

[Electric Graffiti]

“He makes my stomach churn with complete and utter disgust.”

#MeToo. The guilt is written all over that rat bastard’s face. There is no doubt in my mind that Jeff Sessions IS the insurance policy. He did enormous damage to the Trump presidency and by extension America’s chances of survival.

[Electric Graffiti]

Translation: The fed govt is irreparably corrupt-illegitimate.

It’s time it was radically reduced-cut-gutted-slashed back to it’s constitutional constraints. That means 90% of it GONE.

[spokeshave2]

Unfortunately, this is being appealed in the Stalinist Ninth Circuit.

Help is on the way...from the Judicial Committee of 9/13/18:

Washington, D.C. – The House Judiciary Committee today approved by a vote of 16-5 the Court Imbalance Restructure Concerning Updates to Impacted Tribunals (CIRCUIT) Act of 2018, H.R. 6754. This bill, authored by Courts, Intellectual Property, and the Internet Subcommittee Chairman Darrell Issa (R-Calif.), modifies the structure of the Court of Appeals for the Ninth Circuit.

The federal courts of appeal have regularly expanded in number and split in response to new states and territories being added to the Union as well as population growth. There are currently 12 regional circuits in addition to the Federal Circuit. The Ninth Circuit is the largest circuit in caseload, population, and geography.

The CIRCUIT Act would implement the 1998 White Commission’s recommendation to create three regional divisions within the Ninth Circuit in order to improve judicial efficiency.

The divisions would include a Northern Division, comprised of Alaska, Idaho, Montana, Oregon, and Washington,

a Middle Division comprised of the existing Northern and Eastern Districts of California, Guam, Hawaii, Nevada, and the Northern Marianas,

a Southern Division comprised of Arizona and the existing Central and Southern Districts of California,

and a Circuit Division which would hear certain cases including where two or more Divisions have reached final decisions of law that conflict.

House Judiciary Committee Chairman Bob Goodlatte (R-Va.) and Subcommittee Chairman Issa praised today’s approval of the CIRCUIT Act in the statements below.

Chairman Goodlatte: “For the past several decades, the size of the Ninth Circuit has continued to grow far in excess of other circuits. Twenty percent of the U.S. population now resides in this circuit with nine states and two territories, making it twice the size of any other circuit. The geographic breadth and workload of the Ninth Circuit makes it challenging for parties and their counsel to have timely court dates in their region. “The CIRCUIT Act does not include an outright split of the Ninth Circuit but instead creates regional divisions in an effort to ensure our federal judiciary is functioning in the fairest and most efficient manner for the citizens it serves. I thank Subcommittee Chairman Issa for introducing this legislation and am pleased the Committee has passed it today.”

Subcommittee Chairman Issa: “Currently, the Ninth Circuit Court of Appeals is the largest of the 13 federal appellate courts and, on average, hears about a quarter of the nation’s cases brought before the appellate courts in a given year. For years, many have called for this court to be divided, but there remains widespread disagreement on how those divisions should be made. The CIRCUIT Act is a step toward making this needed change.

By dividing the Ninth Circuit into regional divisions that effectively function as individual appellate courts, we open the door to determining whether a circuit split would be feasible while, at the same time, preserve the current Ninth Circuit as a single appellate court.”

Enjoy

https://judiciary.house.gov/press-release/house-judiciary-committee-approves-legislation-to-improve-efficiency-of-ninth-circuit/

[caww]

Oh LOOK HERE Folks!....

It was Senator Diane Feinstein who forwarded Chen's nomination For Federal Judge to Obama for appointment..with a lifetime tenure.

Not only do I get a whiff of China here.....(Now about that Asian Driver Spy), but again evidences they were loading the courts to rule from the bench......China infiltration once again.... Chen worked on the successful case to overturn the wartime conviction of Fred Korematsu for 'defying President Roosevelt’s' internment order.....so the guy likes to fight Presidents..also graduated from the UC Berkeley....

[caww]

It’s Feinstein again....see post 18 please...I think Feinsteins in deeper water then they are telling us.....and her hands are more than just dirty.

[caww]

That’s a help but not where this needs to be yet.