Rss@dailykos.com (gabe Ortiz) · Wednesday, May 31, 2017, 5:18 pm
A federal judge rebuked the Trump regime for a decision to deport an undocumented dad who has lived in the U.S. for nearly three decades. Andres Magana Ortiz had originally been ordered to leave by the Obama administration in 2011, but was granted permission to stay so that one of his family members could sponsor him. But under Donald Trump’s mass deportation sweep, Magana Ortiz was again ordered to leave. Magana Ortiz went to the 9th U.S. Circuit Court of Appeals in a last-ditch effort to delay his deportation, but this week lost his case.
However, one member of the court, Judge Stephen Reinhardt, “refused to let the case go quietly” and in a “remarkable” concurrence—written when someone agrees with a ruling but is compelled to make their own statement—ripped “the government’s insistence on expelling a good man from the country,” writing that while “we do not have the authority to grant” Magana’s request to delay his deportation, “we are not, however, compelled to find the government's action in this case fair or just”:
The government forces us to participate in ripping apart a family. Three United States citizen children will now have to choose between their father and their country. If they leave their homeland with their father, the children would be forced to move to a nation with which they have no connection. All three children were born in the United States; none has ever lived in Mexico or learned Spanish. Moving with their father would uproot their lives, interrupt their educations, and deprive them of the opportunities afforded by growing up in this country. If they remain in the United States, however, the children would not only lose a parent, but might also be deprived of their home, their opportunity for higher education, and their financial support. Subjecting vulnerable children to a choice between expulsion to a foreign land or losing the care and support of their father is not how this nation should treat its citizens.
“President Trump has claimed that his immigration policies would target the ‘bad hombres,’” Judge Reinhardt plainly stated. “The government’s decision to remove Magana Ortiz shows that even the ‘good hombres’ are not safe.”