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Princess Turandot

(4,799 posts)
4. He actually referenced a *tweet from Trump* while refuting one of the defenses they offered...
Wed Jul 1, 2020, 05:03 AM
Jul 2020

The APA requirement for a notice and comment period has an exception for situations were the notice might give rise to an even greater problem. DOJ argued that notice of the rule would cause asylum seekers to swarm at the border, jeopardizing life and creating general mayhem. Their evidence was a single WaPo article on a different immigration issue that discussed a hypothetical situation.

From the opinion, footnote 15

For example, according to one article, about a month before the Rule was promulgated, the
President tweeted twice
that Guatemala was preparing to sign an agreement that would force
migrants crossing through it to apply for asylum there and block them from seeking asylum
elsewhere, including in the United States. AR at 635. But nothing in the record suggests that
those tweets caused a surge at the southern border.

As FA45 might say, it is a beautiful point!

Similar to the census question case, they seemed to be offering flat-out horsesh*t as their defense, because they didn't have one.
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