politics of immigration
Judge rules Trump asylum ban illegal
A judge for the US District Court for the District of Columbia ruled Aug. 2 against the Trump administration's ban on asylum requests for people who illegally cross the border. The Trump administration issued the rule in late 2018, prohibiting migrants from applying for asylum except at legal US ports of entry. The rule was created in response to a presidential proclamation issued last November. The plaintiffs sought summary judgment to have this rule declared illegal under the Immigration & Nationality Act. They also argued the rule was improperly imposed under terms of the Administrative Procedures Act. They additionally asked for a class of asylum-seekers to be certified in the case. The government challenged each of these, arguing that the plaintiffs lack standing to sue, fail on the merits, and that the court should not certify a class. The judge held that the rule is illegal under the Immigration & Nationality Act and certified a class for the plaintiffs.
Turkey deports Syrians to bomb-wracked Idlib
In a new campaign against migrants who lack residency papers, Turkey has for the past weeks been deporting Syrians from Istanbul to Syria—including to the war-torn northwest province of Idlib. The crackdown comes at a time of rising rhetoric and political pressure on the country's 3.6 million registered Syrian refugees to return home. Estimates place hundreds of thousands of unregistered Syrians in Turkey, many living in urban areas such as Istanbul. Refugee rights advocates say deportations to Syria violate customary international law, which prohibits forcing people to return to a country where they are still likely to face persecution or risk to their lives. Arrests reportedly began in mid-July, with police conducting spot-checks in public spaces, factories, and metro stations around Istanbul and raiding apartments. As word spread quickly in Istanbul's Syrian community, many people shut themselves up at home rather than risk being caught outside. It is not clear how many people have been deported so far, with reported numbers ranging from hundreds to a thousand.
SCOTUS overturns injunction on border wall funds
The Supreme Court on July 26 reversed a lower court decision that blocked President Trump from using $2.5 billion from military accounts to build a portion of his pledged border wall. The order lifts an injunction from a federal judge in a case brought by the Sierra Club and the Southern Border Communities Coalition challenging Trump's February declaration of a national emergency to access more than $8 billion to build the wall. US District Judge Haywood Gilliam in Northern California issued the permanent injunction blocking the administration from accessing $2.5 billion in diverted military funds, finding that construction would cause "irreparable harm" to the challengers' interests at the border. The Ninth Circuit Court of Appeals earlier this month declined to lift that injunction. The Supreme Court's conservative majority found that the administration had "made a sufficient showing at this stage" that the challengers do not have standing to block the diversion of the funds.
Federal judge allows travel ban lawsuit to proceed
Judge Victoria Roberts of the US District Court for the Eastern District of Michigan ruled July 9 that a lawsuit by the Arab American Civil Rights League against the Trump administration's Proclamation No. 9645, the third iteration of his "travel ban," which restricts travel from seven countries, can move forward. The Proclamation states that, after consultation with the Director of Homeland Security and the Attorney General, and based on their assessment of threats against the United States from nationals traveling from the seven enumerated countries, "entry should be subject to certain restrictions, limitations, and exceptions." The administration sought to have the lawsuit dismissed based on the Supreme Court's ruling in Trump v. Hawaii, in which the court held that under §1182(f) of the Immigration and Nationality Act, the president is granted broad discretion to lawfully decide "whether and when to suspend entry, whose entry to suspend, for how long, and on what conditions." Roberts held in the present case that, "although the Proclamation is facially neutral, its impact falls predominantly on Muslims."
Judge blocks indefinite detention of asylum seekers
A US district court judge ruled on July 1 that the Department of Homeland Security cannot hold migrants seeking asylum indefinitely as was previously ordered by Attorney General William Barr. Judge Marsha Pechman, of the Western District of Washington in Seattle, held that section 235(b)(1)(B)(ii) of the Immigration and Nationality Act, which prohibits releasing on bond persons who have been found to have a credible fear of persecution in their home country, violates the US Constitution. Pechman's decision stated that the plaintiffs in the case, Padilla vs ICE, have established that asylum seekers have "a constitutionally protected interest in their liberty" and a "right to due process, which includes a hearing."
Libya: did Haftar bomb migrant detention center?
UN Secretary General Antonio Guterres is calling for an independent investigation of the "outrageous" bombing of a migrant detention center at Tajoura, outside Libya's capital Tripoli July 2. The attack killed at least 44 migrants and refugees, including women and children, and injured more than 130. Guterres noted that the UN had given its exact coordinates to the warring parties in the ongoing Libyan conflict. This was also emphasized by the United Nations refugee agency, UNHCR, which said in a statement: "Coordinates of such centres in Tripoli are well known to combatants, who also know those detained at Tajoura are civilians." UN High Commissioner for Human Rights, Michelle Bachelet said, with requisite caution: "This attack may, depending on the precise circumstances, amount to a war crime."
Central America climate crisis fuels migration
Recent headlines from Central America shed light on the migrant exodus from the isthmus that has now sparked a political crisis in the United States. The ongoing protests against neoliberal "reform" in Honduras saw a frightening escalation June 25 as military police opened fire on students demonstrators at the National Autonomous University in Tegucigalpa, injuring at least four. President Juan Orlando Hernández has deployed the army and military police across the country after clashes left three dead last week. (BBC News, La Prensa, June 25) In a hopeful sign a few days earlier, riot police stood down in Tegucigalpa, returning to their barracks and allowing protesters to block traffic and occupy main streets. Troops of the National Directorate of Special Forces said they will not carry out anti-riot operations if they do not receive better benefits. (Reuters, June 19)
Mexico: new security force to Guatemalan border
The first mission of the new security force created by Mexican President Andres Manuel Lopez Obrador will be blocking migrants on the Guatemalan border, evidently part of a deal struck with the Trump administration. Mexico has pledged to deploy up to 6,000 National Guard troops to its southern border in an effort to avoid Trump's threatened tariff on all exports to the United States, the Washington Post reports. The deal was announced as Foreign Secretary Marcelo Ebrard is leading a Mexican delegation in talks with White House officials in Washington. Mexican officials said that 10 National Guard contingents of 450 to 600 troops each will be assigned to the border with Guatemala by September. The deployment would represent a fourfold increase on the 1,500 federal troops currently patrolling the border. A further three units will be deployed to the Isthmus of Tehuantepec in southern Mexico, to set up roadblocks and checkpoints to stop the movement of migrants.
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