Posted on 06/23/2020 9:13:27 AM PDT by jazusamo
A federal appeals court on Tuesday ruled that the Trump administration can move forward with expanding a procedure for quickly deporting undocumented immigrants while a lawsuit against the program moves forward.
A three-judge panel on the D.C. Circuit Court of Appeals overturned a preliminary injunction against the Department of Homeland Security's (DHS) new rule that significantly expands the number of undocumented immigrants who can be deported without being able to make their case to an judge or accessing an attorney.
The panel majority ruled that a group of nonprofits had legal standing to bring the lawsuit but that immigration law granting broad authority to DHS makes their case unlikely to succeed.
"There could hardly be a more definitive expression of congressional intent to leave the decision about the scope of expedited removal, within statutory bounds, to the Secretary’s independent judgment," Judge Patricia Millett wrote in the majority decision.
Millett, an Obama appointee, and Judge Harry Edwards, a Carter appointee, were in the panel's majority. Judge Neomi Rao, appointed by President Trump, dissented, saying that the lawsuit should have been thrown out altogether.
Congress passed a law in 1996 allowing immigration officials sweeping power to quickly deport recently arrived undocumented immigrants. But in the years since the law was passed, it had mostly been applied to migrants at the border.
Then, last year, the Trump administration moved to expand the scope of the program to include any undocumented immigrant in the U.S. who could not prove they had been in the country for longer than two years.
The ruling on Tuesday lifts a preliminary injunction that had been in place since September when a federal judge in D.C. sided with a coalition of immigrant advocacy groups, saying that DHS had not complied with procedural requirements in establishing the new rule.
A big win. Will the Supreme Court knock it down?
“Will the Supreme Court knock it down?”
Roberts is polishing his first draft as we speak
It’s sad that “yes, you are allowed to enforce the law” requires any time at all for a judge to decide. At least it was a win. Now deport ALL illegals. No exceptions.
Amen to that!
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ONWARD.
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And get that Wall done (and expand it) and start the moat.
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