United States District Judge Emmett Sullivan ruled in P.J.E.S. v. Wolf, Secterary of Homeland Security, that expulsion from the United States of thousands of children without due process exceeded the authority that public health emergency decrees confer. The judge's fifty page opinion explains that prior to COVID19 "all unaccompanied children retained their
rights under the Immigration and Nationality Act to (1) apply for asylum, 8 USC § 1158(a)(1);
contest their removal to a country where their “life or freedom
would be threatened . . . because of [their] race, religion,
nationality, membership in a particular social group, or
political opinion,” 8 USC § 1231(b)(3) (“withholding of removal”);
or, pursuant to Foreign Affairs Restructuring and Reform Act, (3) make a case that “he or she would be
tortured if removed to the proposed country of removal.”"
But without Notice and Comment - requirements of the Administrative Procedure Act- the Trump administration's CDC Director "issued an
order suspending the introduction of “covered aliens” which he
defined as “persons traveling from Canada or Mexico (regardless
of their country of origin) who would otherwise be introduced
into a congregate setting in a land Port of Entry [(“POE”)] or
Border Patrol station at or near the United States borders with
Canada and Mexico” for a period of 30 days".
No comments:
Post a Comment