Why You Should Care That Kansas Is Attempting To Intervene In Ninth Circuit Border Case

 The complaint alleged, inter alia, that the Port of Entry rule violated the INA. Ten days later, the judge assigned to East Bay, Judge Jon S. Tigar, agreed, issuing a nationwide temporary restraining order blocking that rule.

And an alien who is detained shortly after unlawful entry cannot be said to have "Effected an entry," .... Like an alien detained after arriving at a port of entry, an alien like respondent is "On the threshold." ... The rule advocated by respondent and adopted by the Ninth Circuit [there] would undermine the "Sovereign prerogative" of governing admission to this country and create a perverse incentive to enter at an unlawful rather than a lawful location.

The parties in that case and a companion case about another Trump border rule filed a joint June 2022 statement with Judge Tigar, in which they told the court, "The government presently continues to pursue rulemaking with respect to the two rules at issue in these cases", and asked the judge to hold the cases in abeyance pending the conclusion of the departments' review of the rules.

The CLAP rule created a rebuttable presumption that aliens who crossed the border illegally are ineligible for asylum, subject to exceptions and limitations.

On May 8, 2023, the parties in East Bay Sanctuary Covenant v. Trump filed an amended complaint in that matter challenging the CLAP rule, in a case now captioned East Bay Sanctuary Covenant v. Biden.

In response, Judge Tigar issued an order in late July 2023, vacating and remanding the CLAP rule, but staying that order for two weeks to allow the Biden administration to seek further review from the Ninth Circuit, which the administration did.

Given its success thus far in defending a rule it has consistently characterized as critical to its control of the border, and the fact that it has to realize its odds of success in this case can only improve as it works its way vertically through the federal court system, the government's sudden and severe change in position looks a lot like a purely politically motivated attempt to throw the game at the last minute.

https://cis.org/Arthur/Why-You-Should-Care-Kansas-Attempting-Intervene-Ninth-Circuit-Border-Case