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[In court, where the rubber hits the road]...DOJ argued that the federal court had no authority to review the policy’s legality, because federal law prohibits courts from reviewing the government’s determination “on where to detain aliens” in ICE custody. This decision, the law explains, falls within the “discretion” of “the Attorney General” and “the Executive.” And their “discretionary” conclusions, the DOJ asserted, are “not judicially reviewable.”
As attorney Max Kennerly has noted, this argument directly contradicts Trump’s denial of responsibility…....