News: Fifth Circuit declines to freeze district court order scrapping Biden immigration enforcement

[In It to Win It]

Ellen M. Gilmer
@ellengilmer

News: Fifth Circuit declines to freeze district court order scrapping Biden immigration enforcement priorities. The district court’s order already took effect a week+ ago and the priorities are off the books for now

Link to tweet

[usonian]

1. Help me please.

Decline, Freeze and Scrapping are all negatives.
Do three negatives make a negative? They do in math, when you multiply them.
I know, it's not your fault, but the "legal" profession has a way of making perfectly clear things immensely incomprehensible. .... so that you have to hire a lawyer to interpret it.

Where's the damn tylenol?

[In It to Win It]

2. From what I know about the case

which, admittedly, is not much, is that the Biden admin issued new guidelines for prioritizing deportations, focusing on non-citizens who are deemed more of a "security risk" or "threat" over non-citizens who were not.

District court in Texas blocked those guidelines. (Trump judge I believe)

Biden admin appealed that decision to the 5th circuit asking the 5th circuit to stay or pause the district court's order.

5th circuit did what it always does, and kept the district court's order in place.

[Igel]

3. The rule in question does triage on detainees.

Only a subset, presumably smallish, is subject to detention and deportation. The rest would be released.

The court found that the statute passed by the legislation does not grant this broad discretion and that the decision to delimit the legislatures' statute ahead of time is arbitrary and unfounded. The executive branch enforces the statutes. (I use the plural 'legislatures' to emphasize House and Senate.)

The summary isn't that bad.

Note that "prosecutorial discretion" is a Jean Valjean sort of thing, or had been for generations.