Judge rules against Title 42 policy that allowed DHS to expel migrants in Trump’s name
A federal judge in San Francisco is having difficulty locating any evidence of Trump’s alleged abuse of his power as a presidential candidate. But he is still fighting the president’s immigration order, which was enacted in the early hours of Sunday morning.
U.S. District Judge William Orrick rejected a request by attorneys for the American Civil Liberties Union to block the administration from deporting migrant parents in the wake of Donald Trump’s election.
Attorney General Jeff Sessions is expected to appeal the ruling. Sessions’s decision to rescind an Obama administration’s policy to not deport foreign children who had entered the United States illegally has drawn fierce opposition from civil liberties and immigration advocates.
Orrick agreed with the administration that the parents who were placed in deportation proceedings were not subject to his order.
He ruled that Trump has the authority to impose his immigration order and can use his presidential powers to expel immigrants as he likes, without interference from a judge or a panel of attorneys.
“For the reasons cited by the government, I conclude that the President has the constitutional and statutory authority to issue the executive order at issue here, which authorizes the removal of aliens from the United States to their countries of origin,” Orrick wrote in a court opinion he released Monday night.
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