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In a legal setback for the Trump administration's immigration policies, a federal judge in Washington, D.C., has ruled that the government may not arbitrarily detain people seeking asylum.
The ruling comes in a case challenging the administration's policy of detaining people even after they have passed a credible fear interview and await a hearing on their asylum claim.
The lead plaintiff in the case is a teacher from Haiti, Ansly Damus, who has been confined in Ohio for more than a year-and-a-half. He fled his homeland fearing violence and political persecution and asked for asylum in the United States. An immigration judge granted him asylum not just once, but twice. But Damus remains locked up indefinitely as the government appeals those decisions.
U.S. District Judge James Boasberg, in his 38-page opinion, said that U.S. Immigration and Customs Enforcement violated its own procedures by not granting Damus release under what's known as humanitarian parole.
"This Opinion does no more than hold the Government accountable to its own policy, which recently has been honored more in the breach than the observance. Having extended the safeguards of the Parole Directive to asylum seekers, ICE must now ensure that such protections are realized," Judge Boasberg wrote.
(Score: 3, Interesting) by jmorris on Wednesday July 04 2018, @06:13PM (1 child)
Not even the 9 Supremes. The SCOTUS only gets to write laws when enough of the other two branches quietly agree with what they are doing but are afraid of the political backlash of saying so in public. Anything SCOTUS does can either be overruled with a law signed by POTUS, cured for good with removal of the overreaching Justices or simply ignored as a "silly thing." They have no power to enforce their edicts other than an accumulated reserve of good will and popular respect.
It is far past time to force them to expend as much of those reserves as possible with each lawless ruling. Which is probably why almost every important ruling at SCOTUS has went Trump's way and will continue doing so. They know just how precarious their position is, just how far out over their skis they have leaned these past lawless decades. Vulnerable. They know that if they piss off Trump he would start abusing THEM at his rallies and quickly drive their public approval ratings down toward CNN levels with his ability to explain Washington in ways normies understand. At which point he really could simply call one of their more zany rulings a "silly thing" and when he gets away with ignoring it their power would be broken for generations. It isn't the best solution, it would do great violence to the stability of our government; but had they refused to see reason and moderate it would have been the least bad option. Hopefully enough Justices retire that a more permanent solution can be implemented.
(Score: 0) by Anonymous Coward on Thursday July 05 2018, @06:46PM
You really see the executive branch ignoring the constitution and the power of the judicial as a good thing?
This is why Trump supporters scare the crap out of the rest of us. You seem to want to kowtow to the feet of the emperor so badly you can't see why that is not the way to live.