Judge Okays Trump Executive Order Requiring Illegal Aliens to Register Their Names and Locations with the Government

The law already existed -- it just wasn't enforced.

A federal judge has cleared the way for the Trump admin to begin enforcing a federal statute requiring illegal immigrants to register with the government and carry documentation. The mandate, which Homeland Security says will be enforced starting Friday, could impact up to 3.2 million people living in the U.S. illegally.

Key Details:

U.S. District Judge Trevor McFadden ruled Thursday that advocacy groups challenging the registration requirement lacked standing to sue, allowing the policy to take effect immediately.

Homeland Security Secretary Kristi Noem said those who've been in the country for 30 days or more must register by Friday, warning that failure to comply could lead to fines or criminal charges.

The requirement applies to everyone 14 and older without legal status, including long-term residents and Canadians who remain in the U.S. more than 30 days. Registrants must provide fingerprints and an address, and minors must be registered by a parent or guardian.

The Supreme Court also ordered Trump to seek the return of the MS-13 member he deported.... eventually.

This is confusing. The Supreme Court ruled that the district court overstepped its bounds in ordering Trump to perform his foreign policy function the way this AWFL shitlib wanted.

Now they're kind of saying the same thing... but also warning the AWFL shitlib who is managing the case that she mustn't overstep her bounds by presuming to tell the president how to conduct foreign policy. (Deportations are considered part of the conduct of foreign policy.)

So: Does Trump have to try to get this Solid Citizen back or not?

It's unclear. The Supreme Court is confused on the point.

After the ruling, many on the left claimed "Supreme Court in a unanimous decision: He has a legal right to be here, and you have to bring him back."

It is a bit more ambiguous than that. The Court actually warned that the district court could order the government to facilitate but not necessarily "to effectuate" the return.

The application is granted in part and denied in part, subject to the direction of this order. Due to the administrative stay issued by THE CHIEF JUSTICE, the deadline imposed by the District Court has now passed. To that extent, the Government's emergency application is effectively granted in part and the deadline in the challenged order is no longer effective. The rest of the District Court's order remains in effect but requires clarification on remand. The order properly requires the Government to "facilitate" Abrego Garcia's release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador. The intended scope of the term "effectuate" in the District Court's order is, however, unclear, and may exceed the District Court's authority. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs. For its part, the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps. The order heretofore entered by THE CHIEF JUSTICE is vacated.

So what does that mean? The Court disagrees with many, including the Fourth Circuit, that President Trump had no inherent executive powers to countermand the district court's order. He clearly does have countervailing powers that have to be weighed more heavily in the matter. The district court is expressly ordered to show "due regard for the deference owed to the Executive Branch in the conduct of foreign affairs."

What is left is a legal pushmi-pullyu that seems to be going in both directions at once. What if the Trump Administration says that inquiries were made, but the matter has proven intractable or unresolvable? Crickets.

No one would seriously believe that, but what right does the district court have to manage the relations or communications with a foreign country?

I don't know what this means. I don't think the Supreme Court knows either.

posted by Ace at 01:10 PM

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