Judge Orders Release of E-Mails, Basis for Supreme Court Argument

Judge Orders Release of E-Mails, Basis for Supreme Court Argument

"The Justice Department has been ordered to disclose the basis for the U.S. government's representation to the Supreme Court in Nken v. Holder that a policy exists for returning wrongfully deported immigrants to this country.  See Download Rakoff ruling. Judge Jed Rakoff, of the Southern District of New York issued a decision yesterday rejecting the U.S. government's attempts to shield Department of Justice emails communicating government policy for immigrants who win their cases post-deportation. On the basis of these emails, the Solicitor General had argued to the Supreme Court in 2009 that the U.S. government maintains a policy and practice for returning immigrants who are deported by ICE while their judicial appeals are pending, but are later found by the courts to have been wrongfully deported. However, the experience of immigrants trying to return home stands in stark contrast to this statement. The NYU School of Law Immigrant Rights Clinic represented the plaintiffs in the case." - Kevin Johnson, Feb. 8, 2012.