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Immigration Law

Judge Blocks Deportations, Threatens Sessions, Nielsen, Cissna and McHenry with Contempt

Grace v. Sessions - "Plaintiffs’ counsel informed the Court that, despite the representations made by Defendants, Plaintiffs “Carmen” and her daughter had been removed from their place of detention and could be in the process of being removed from the United States. In an email to this Court’s Courtroom Deputy following the hearing, government counsel confirmed that “Carmen” and her daughter were, in fact, on an airplane while the Court was hearing argument on Plaintiffs’ Emergency Motion.

Upon learning in open Court that “Carmen” and her daughter had been removed from their place of detention and could be in the process of being removed from the country, the Court issued an oral Order requiring the Defendants to return “Carmen” and her daughter to the United States FORTHWITH. The Court informed government counsel that it would neither tolerate nor excuse any delay with compliance with this Order. The Court also stated that it would enter a written Order memorializing its oral Order.

Accordingly, it is HEREBY ORDERED that the Defendants shall return “Carmen” and her daughter to the United States FORTHWITH; and it is FURTHER ORDERED that in the event that the Defendants do not fully comply with this Order, Defendants Attorney General Jefferson Sessions, III; Secretary of the Department of Homeland Security Kirstjen M. Nielsen; U.S. Citizenship and Immigration Service Director Lee Francis Cissna; and Executive Office of Immigration Review Director James McHenry, preferably accompanied by their attorneys, shall be ORDERED to appear in Court to SHOW CAUSE why they should not be held in CONTEMPT OF COURT; and it is FURTHER ORDERED that the Defendants shall file a status report on the docket in this case by no later than 5:00 pm August 10, 2018, informing the Court of the Defendants’ compliance with this Order."

[Media coverage here, here and here.]