Ninth Circuit Update: East Bay III Plaintiffs’ Reply Brief Is On File Now…

Overnight the plaintiffs answered the Trumpian nonsense — about third country deportations, under a “rule” Trump lacks authority to promulgate, in the face of express statutory, treaty level and arguably constitutional commands. . . to the contrary.

Here’s a bit from the 88 pages — all uniformly well-argued.

. . . .The [Trumpian-proposed, lawless “rule”] circumvents Congress’s deliberate scheme, is fundamentally inconsistent with Congress’s purpose and statutory design, and renders meaningless Congress’s specifically enumerated exceptions.

Although the Attorney General has the power to impose “additional limitations and conditions” on asylum eligibility, they must be “consistent with [§ 1158],” the asylum statute. 8 U.S.C. § 1158(b)(2)(C). [Trump and William Barr] cannot override Congress’s explicit and longstanding directives. If the Attorney General is allowed to take that step here, he could unilaterally shut down the asylum system. Whatever Defendants’ immigration policy disagreements with Congress, they cannot “rewrite our immigration laws. . . .”

Again, Trump will lose here. Onward. Geez — Let’s impeach him, already.


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