Two Excellent New Briefs In Latest East Bay TRO Matter Against Trump’s “Rule”; Racist Official GOP Ad In Illinois.

We have two new very well argued memos / briefs, against Trump’s latest lawless [cough — Stephen Miller’s] putative “rule” at the southern border. Both are extraordinary in that they were filed. . . on a Sunday [emergency basis].

I link the amici here — and the plaintiffs’ proper, here. Do read them each, in full. They correctly state the law — and a small quote below. But now, I break format, here to show you what the Illinois official GOP Facebook page looked like until this Sunday afternoon.

[See at right; minus the null symbol. Pro tip: if you click on the image, you may see it minus the null overlay. This graphic bears no relation to the East Bay litigation update. Other than that both the Trump “rule” and the GOP ad are. . . manifestly racist.] It has been removed, but it WAS the official GOP position for a good part of the weekend. We voters in the Land of Lincoln will make GOP candidates pay at the ballot box, this cycle, for this. . . insidiously racist libel. Now the quote:

. . . .Whatever [the Trump] Defendants’ immigration policy disagreements with Congress, they cannot “rewrite our immigration laws.” East Bay Sanctuary Covenant v. Trump (“East Bay II”), 909 F.3d 1219, 1251 (9th Cir. 2018). . . .

The countries through which migrants pass on their way to our southern border also lack
functioning asylum systems, meaning that migrants cannot rely on those systems to fairly and competently adjudicate their claims for asylum. The Government argues that other Central American countries “are able to provide fair adjudications of requests for asylum . . . .,” Opp. 21, citing an item in the Federal Register. But the Federal Register notice that the Government relies on says only that applications for asylum in Mexico have increased since 2016, not that those claims have been fairly adjudicated. See 84 Fed. Reg. 33,839 (cited at Opp. 22). Indeed, neither Guatemala nor Mexico has a fair asylum-adjudication system. As the State Department reported in 2018, the “identification and referral mechanism for potential asylum seekers” in Guatemala is “inadequate,” and “[b]oth migration and police authorities lack[] adequate training concerning the rules for establishing refugee status.” The asylum system in Mexico is equally inadequate. . . .

Of course, Trump will be enjoined nationwide here, as I indicated yesterday — thus: “Trump fails to explain where, by simple rule, he magically finds the power to expressly contradict the guarantees of 8 U.S.C. § 1231(b)(3), 8 U.S.C. §§ 1158(a)(1), (a)(2)(A), and (b)(2)(A)(vi) — especially where § 1158(b)(2)(C) says the former provisions may not be contradicted, by rule — any additions to the scheme must be consistent with them. These proposed additions, plainly are not.

Onward. With winners in tow, in the weekend racing. . . smile.


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