William Barr Lacks The Power To Overrule An Express Federal Court Ruling, By “DoJ Edict”. He Must Appeal In The Courts.

First, the basics: Flores, and the cases after it, clearly set out very short time frames for the vast majority of asylum-seeking detainees — to be released.

Of course, there are some clearly violent convicts (now seeking asylum) who may be detained indefinitely — but they are the distinct minority. In the vast bulk of “normal” cases, Mr. Barr is simply impotent to overrule the courts. [He may lawfully decline to prosecute, or emphasize other prosecutions — but he cannot change an explicit court order protecting asylum seekers.]

He must use the courts — to enter an orderly appeal — to those prior rulings (ever since Marbury v. Madison). He may not issue edicts, of his own personal whimsy. Here’s the New York Times, on the overnight developments:

. . . .The Barr ruling — which [purports to] direct immigration judges to deny some migrants a chance to post bail — will not go into effect for 90 days. It is all but certain to be challenged in federal court, but immigrant rights lawyers said it could undermine the basic rights of people seeking safety in the United States.

“They want to send a message that you will get detained,” said Judy Rabinovitz, a deputy director of the Immigrants Rights’ Project at the American Civil Liberties Union. “We are talking about people who are fleeing for their lives, seeking safety. And our response is just lock them up?”. . . .

The ACLU officially tweeted last night, in California, it will see Mr. Barr’s people “in court” shortly. And the ACLU will prevail, Condor predicts. Onward, grinning.


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