A federal court of appeal refused on Tuesday to stop the implementation of a national register for non-citizens, offering a procedural victory for the Trump administration in a case which aroused strong criticism of the defenders of the rights of immigrants.
In a decision issued in the name of the Court as a whole (an order “by Curiam”), rather than attributed to a specific judge, a panel of three judges of the American Court of Appeal for the DC circuit rejected an emergency request from several advocacy groups to block the foreign registration requirement (ARR) while the dispute continued.
Judges Karen Henderson, Robert Wilkins and Bradley Garcia – appointed by presidents Ronald Reagan, Barack Obama and Joe Biden, respectively – were respectively that the complainants had not respected the “strict” standard for an injunction, awaiting appeal.
Why this counts
The refusal of the DC circuit to take a break of the RAP means that the rule will remain in force at the national level for months while the call takes place. For the Trump administration, the decision represents a step towards the reintegration of strict execution measures based on old immigration laws of the decades.
For groups of immigrant rights, he reports a difficult legal battle against a policy which, according to them, will dissuade participation in public life and will expose millions to increased supervision and potential prosecution.
The decision also stresses that the result is not determined according to the partisan lines – the judges appointed by the presidents of the two parties agreed that the complainants had not respected the legal standard for an emergency injunction.
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What to know
The regulations, which entered into force on April 11 after a decision of lower jurisdiction, requires that all non-citizens aged 14 and over record their fingerprints and transport an identity card or potential fines or imprisonment. Younger children must be recorded by a parent or a tutor and re -register at the age of 14.
The Ministry of Internal Security (DHS) estimates that the rule could affect between 2.2 and 3.2 million people, mainly those who have entered the country without documentation.
Canadians remaining more than a month are also required.
Tuesday, the panel’s decision leaves a decision of April 10 by the American district judge Trevor McFadden, a person appointed by Trump, who determined that the complainants – Coalition for human immigrant rights, United Farm Workers of America, Casa Inc. and would make the road from New York – would not have demonstrated that the register “would not erode their basic missions” been presented only speculation.
As the complainants did not have the required position, McFadden concluded that the court could not decide on the bottom of the case.
Broader “self-annunities” strategy
The complainants argue that the policy – which, according to the Trump administration, aligns the application of immigration to the 1952 law on immigration and nationality – is part of a broader strategy of “auto -degrep”.
Carl Berquist, lawyer general of the coalition for Humane Immigrant Rights, said Short news that the measure “is based in the entire self-carrying plan of the administration to deploy these [ICE] Raids, reusing the CBP One application in this Home CBP application with a self-performance tool and trying to deploy certain kinds of incentives for people to act. “”
The policy had a “serious cooling effect” on the non-citizens, added the Berquist, implying “their right of the fifth amendment not to be self-incrimination” and “their right of the first amendment to meet and protest”, he described the case as “a little below the radar” compared to the Immigration Disputes with higher profile but mute”. “”
National Immigration Law Center has also warned that the application could increase in racial profiling. In a press release, the group said: “Although their declared targets are undocumented immigrants, the very mechanics of the application of the registration extends the target to anyone who looks like or seems foreign to the police.”
Nowsweek Contacta Carl Berquist and the National Immigration Law Center for comments by e-mail Thursday outside ordinary office hours.
What people say
DHS deputy secretary for public affairs Tricia McLaughlin said: “The Trump administration will apply all our immigration laws – we will not choose and will not choose the laws that we will apply.” A declaration sent sent by e-mail by Short news Continuation: “We must know who is in our country for the safety and security of our homeland and all Americans.”
What happens next
According to the DHS, certain categories of immigrants – including holders of green cards, people with moving orders, persons holding employment authorization documents, people admitted with visas, holders of border passing cards and others – are already considered recorded under the existing law.
The DC circuit established an accelerated calendar for the case, with the thesis of the complainants due on September 16, the government’s response due on October 16 and a response from the complainants due on November 6.
The oral arguments will follow, with a date to be determined.
For the moment, the AR remains in force at the national level, and the two parties are preparing for a legal confrontation in the fall which could test the scope of the federal authority on the identification and monitoring of non-citizens.
