Scott Farner
Forbes Breaking News
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Comments by "Scott Farner" (@scottfarner5100) on "'You Do Not Have The Right To Pass Thru 5 Other Countries Because You Want Free Stuff': McClintock" video.
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@marcg.3830 status of the laws suit that challenges Bidens use of the safe third country exception.
What’s the status of this case?
CGRS and our co-counsel filed the legal challenge in the U.S. District Court for the Northern District of California on May 11, 2023, a few hours before the asylum ban took effect.
On July 25, Judge Jon Tigar vacated the rule, finding it unlawful. The Biden administration appealed the decision, and on August 3 the Ninth Circuit granted its request for a stay of Judge Tigar’s ruling, pending resolution of the appeal, and put the case on a highly expedited schedule.
After oral argument the parties filed a joint motion to hold the case in abeyance so that they might attempt to settle the case. On February 21, 2024, the Ninth Circuit issued a published decision granting the motion.
On March 7, 2024, the states of Alabama, Kansas, Georgia, Louisiana, and West Virginia, filed a motion to intervene in the litigation, claiming that they will be harmed if the Rule is vacated, and the ban is lifted. Both the government and plaintiff organizations have filed responses opposing the states’ intervention.
This ban currently remains in effect pending the outcome of settlement negotiations and/or the government’s appeal.
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@BustedFlush-u3t "MEMORANDUM FOR: All Chief Patrol Agents
All Directorate
FROM: Rodney S. Scot Chief
U.S Border Patrol
SUBJECT: 42 U.S. Code Title 42 - The Public Health and Welfare
U.S. Customs and Border Protection (CBP), and specifically the United States Border Patrol (USBP), are supporting the U.S. Government's response to the COVID-19 virus.
Effective March 21, 2020 at 0001 hrs EST, USBP will exercise authorities derived under
U.S. Code Title 42, Section 265,·'... suspension of entries and imports from designated places to prevent spread of communicable diseases... " as laid out in the attached Operation Order Capio. The Director of the Centers for Disease Control and Prevention (CDC), under the Authority of the Public Health Service Act, has directed CBP to prohibit the introduction of certain persons into the United States who, due to the existence of COVID-19 in countries or places from which persons are traveling, create a serious danger of the introduction of such disease into the United States.
While operating under this authority, USBP will use Title 42 authority to immediately expel any individual encountered attempting to enter the United States in violation of travel restrictions. USBP will only apply Titles 8 and 19 authorities to subjects who are not amenable to expulsion under Title 42, or would otherwise be considered a high risk for the population (e.g., aggravated felons, relations to terro1ism, agent assaults, etc.). Watch commander approval is required for any authority used outside of Title 42 during this timeframe."
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