Jackson Defends Immigration Ruling That Was Reversed

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Jackson Defends Immigration Ruling That Was Reversed
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In a heated exchange, Sen. Lindsey Graham, one of the three Republicans who voted to confirm Judge Ketanji Brown Jackson to the D.C. Circuit last year, flagged a 2019 immigration ruling as an example of what he considered to be judicial activism

Susan Walsh/Associated Press

In a heated exchange, Sen. Lindsey Graham , one of the three Republicans who voted to confirm Judge Jackson to the D.C. Circuit last year, flagged one of Judge Jackson’s most notable opinions as an example of what he considered to be judicial activism.in which Judge Jackson temporarily blocked the Trump administration from expanding a policy known as expedited removal that allows the government to quickly deport immigrants who crossed the border illegally without involving immigration courts.

Previously, U.S. Immigration and Customs Enforcement had authorized expedited removal only for those who were found near the border and had been in the country for no longer than 14 days. The Trump administration issued an executive order expanding the policy to those who had been in the country for up to two years.

Granting a nationwide preliminary injunction, Judge Jackson determined that the agency had arbitrarily expanded the fast-track process without adhering to rule-making procedures enacted by Congress that require the agency to study the impact of the policy.and reversed her the next year.

Defending her decision at the hearing, Judge Jackson said she had been guided by prior case law from the D.C. Circuit. “Even very clear designations of authority to an agency may still be subject to Congress’s other directions regarding how to exercise the discretion,” she told Mr. Graham.“Understood. That’s our appellate process,” said Judge Jackson.“This is an example to me, and you may not agree, where the plain language of the statute was completely wiped out by you.

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