A federal judge is working in Washington, D.C. — emphasis on the word “working” — and turned down a Donald Trump request to act on a case. Trump attorneys want this judge to delay some deadlines regarding the White House’s asylum rules. Trump shut down the government without considering he would lose funding for the case.
U.S. District Judge Randolph Moss entered a court filing stating that the Department of Justice’s (DOJ) status under the president’s shutdown did not stop the DOJ from working on the cases. After all, many DOJ staffers remain at work. Many federal government people have been working without being paid.
‘Although the Court is mindful of the current lapse in appropriations, where there is ‘some reasonable and articulable connection between the function to be performed and the safety of human life or the protection of property,’ government functions may continue.’
The Obama appointee continued, adding the administration shutdown staffing strategy:
‘The Court further notes that, according to government reports, 48% of employees from the Executive Office for Immigration Review are expected ‘to process all immigration cases and appeals involving detained aliens’ … and approximately 91% of Customs and Border Protection employees and 81% of Immigration and Customs Enforcement employees will be retained during a lapse in appropriations.’
Trump’s attorneys went to court to request the existing deadlines on the asylum case extend indefinitely. They wanted to wait until Congress approved the DOJ’s and other agencies’ funding. Apparently, POTUS did not consider this when he shut down the government. Then too, Trump could end the shutdown at any moment, but he does not want to do it, because it is making great television for his base.
The Department of Justice’s Executive Office of Immigration Review (EOIR) issued a directive telling the immigration attorneys throughout America all cases would be delayed, the majority with the no benefit of prior notice:
‘Immigration courts will issue an updated notice of hearing to respondents or, if applicable, respondents’ representatives of record for each reset hearing.’
Immigration attorneys called the request to wait for funding “ridiculous” and took to Twitter. An attorney working with the African Hispanic Immigration Organization wrote:
‘If it wasn’t for connecting with other attorneys on Twitter and calling the court myself, I’d have no clue what’s going on @DOJ_EOIR.’
The president probably does not mind that other lawsuits have been delayed due to the shutdown. One that comes to mind was the lawsuit claiming the commander-in-chief has been violating the Emoluments Clause in the U.S. Constitution. This clause forbids Trump from accepting money from foreign businesses and foreign government officials staying in his Washington D.C. hotel down the block from the White House.
Trump has been locked arm-in-arm in his fight with Congress. He demanded that the House and Senate fund his wall along the southern U.S. border to the tune of five million dollars. Approximately 25 percent of all federal government employees have been affected by the shutdown.
The president has been working to shift the blame for his actions to the Democrats, according to POLITICO:
‘Have the Democrats finally realized that we desperately need Border Security and a Wall on the Southern Border. Do the Dems realize that most of the people not getting paid are Democrats’
Freedom Caucus leader Mark Meadows (R-NC) said:
‘I don’t think there’s any situation where the president should give up on that demand. The president is very firm in his resolve.’
Featured image is a screenshot via YouTube.