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Second circuit court sides with Trump on deportations.

  • Mar 26
  • 2 min read
Ruling suggested that other Presidents doing it another way does not a law make.

Federal law doesn’t require bond hearings for noncitizens arrested by immigration officials in the interior of the country, an Eighth Circuit panel found in a split decision Wednesday, siding with the Trump administration in a hotly debated area of immigration law.


Under the law, Eighth Circuit Judge Bobby Shepherd wrote, even foreign nationals who have long lived and worked in the country count as “seeking admission"—even if they aren’t actively taking steps to gain lawful status—and thus aren’t entitled to bond hearings.


If this sounds familiar it is because it was the same logic and ruling that came through on the fifth circuit court a few weeks ago. Unfortunately these district judges do not care if other appellate courts rule in a different fashion as they are technically only required to follow the rulings from their own circuit courts. That being said, there was a time when a circuit court decision anywhere in the country was respected as precedent.


Now this court rules over Minnesota, where literally 100 different decisions have been handed down by district court judges that were at odd with these two circuit court decisions. Some of these judges have been threatening people in the Administration with contempt charges and all sorts of nonsense for either not releasing people fast enough or in some cases not returning items seized. One judge in particular was threatening a contempt charge over a missing shoelace. If this is what is setting off judges, then how can we pretend that they are being reasonable and fair?


Many in the media have suggested that it is incomprehensible that the circuit district courts did not come to the same conclusion as the multitude of district courts, as if it must be the circuit courts who are wrong. But the clear reading of the statute allows the Administration to determine whether they grant these people additional due process or move directly to deportation. The district courts seem to believe that the manner in which previous Administrations have handled this, was somehow pertinent to how the Trump administration should behave. Once again, these district court judges were not ruling so much on the law as they were on which policy they seem to believe was better. Sometimes the law allows for different behavior from different people within the Government.


There is some back and forth on what this means. In Minnesota there have literally been hundreds of detained illegal aliens who have been ordered by judges to be released. I suspect that the threats of legal action such as contempt charges may have been issued due to a fear that these decisions would be overturned. Better to get these criminals back on the street as soon as possible, huh? Now the question is whether or not they can just be detained again? I am hoping that these contempt charges go bye bye, but who knows.




 
 
 

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Unknown member
Mar 28

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