A group of environmental advocacy organizations filed suit (PDF) against the Department of Homeland Security (DHS) on Oct. 18 over concerns that the border wall will result in detrimental environmental impacts to the areas surrounding the wall construction sites. The Secretary of Homeland Security's office has issued a series of waivers, dubbed the Lower Rio Grande Valley Border Wall Waivers, that would exempt construction projects related to the planned border wall from federal environmental regulations, including the National Environmental Policy Act, the Endangered Species Act and the National Wildlife Refuge System Administration Act. The advocacy groups argue that the broadness of the waivers would violate the Take Care Clause, the Separation of Powers Doctrine, the Non-Delegation Doctrine and the Presentment Clause of the Constitution.

Isamu (Art) Shibayama, a rights advocate for Latin Americans of Japanese descent who were detained in prison camps in the United States during World War II, died July 31 at his home in San Jose, Calif. Born in Lima, Peru, in 1930, Shibayama was 13 when his family was detained and forcibly shipped to the United States on a vessel charted by the US armed forces. They were among some 2,000 Japanese-Peruvians who were rounded up and turned over to the US military for detention after the Pearl Harbor attack. Upon their arrival in New Orleans, the family was transported to the "internment camp" for Japanese-Americans at Crystal City, Texas. The family would remain in detention until 1946.

Inmates across the US began a planned 19-day strike on Aug. 21 in protest of poor conditions, no-to-low pay for work, and racist prison administration practices. The strike, set to take place in 17 states, was organized by many groups, including the Incarcerated Workers Organizing Committee and Jailhouse Lawyers Speak. Those participating in the strike will not show up to their assigned jobs and will engage in sit-ins; some prisoners may elect to go on hunger strike. The strike is set to last until Sept. 9, coinciding with the start of the Attica Prison Uprising in 1971. Organizers planned the strike for August after seven inmates were killed during a riot at a South Carolina prison in April.

In Episode 14 of the CounterVortex podcast, Bill Weinberg notes the national protest wave that brought down president Park Geun-Hye in South Korea in December 2016, and asks why Americans can't similarly rise to the occassion and launch a mass militant movement to remove Donald Trump.  Given this extreme emergency—the detention gulag now coming into place, with undocumented migrants the "test population" for domestic fascism—we should be mobilizing in our millions. Apart from the broad masses being simply too distracted by gizmos and consumerism to see the walls closing in (a problem to be discussed elsewhere), Weinberg identifies two significant obstacles to unity: 1. The fundamental split in the left over the whole question of Russia and its electoral meddling; and 2. The phenomenon of party parasitism, with both the Democrats and sectarian-left factions seeking to exploit popular movements to advance their own power. He concludes by asking whether social media, which is partially responsible for getting us into this mess through its totalizing propaganda environment, can help get us out—whether it can empower us to sidestep the Dems and the alphabet-soup factions alike and work rapidly and efficiently to build a leaderless, broad-based, intransigent movement around the aim of removing Trump. Listen on SoundCloud, and support our podcast via Patreon.

In Episode 13 of the CounterVortex podcast, Bill Weinberg deconstructs Trump's executive order ostensibly ending the policy of family separation on the southern border, and demonstrates how it actually lays the groundwork for indefinite detention of migrants on military bases. The Central American peasantry, expropriated of its lands by state terror, CAFTA and narco-violence, is forced to flee north—now into the arms of Trump's new gulag. The judiciary may yet pose an obstacle to enforcement of Trump's order, but this brings us to the Supreme Court's upholding of Trump's Muslim travel ban and the grim implications of Justices Anthony Kennedy's imminent resignation. With Congressional calls mounting for putting off confirmation of Kennedy's replacement while Trump remains under investigation over the 2016 electoral irregularities, a constitutional crisis is imminent.

In what the New York Times somewhat hyperbolically calls a "clash," US Border Patrol vessels have over the past two weeks stopped at least 10 Canadian fishing boats near Machias Seal Island between Maine and New Brunswick. Canada has responded by beefing up its Coast Guard patrols in what is being termed a "disputed gray zone" between the two countries' territories. "There is no illegal immigration going on there," a bewildered Canadian fisherman told the Times. "It seems silly." Most observers see it as related to the current bitter trade dispute between Washington and Ottawa. The Canadian Broadcasting Corporation says the US Border Patrol has stopped over 20 Canadian vessels so far this year in "contested waters" in the Bay of Fundy, and "has no intention of stopping." The so-called Grey Zone consists of some 700 square kilometers of lucrative lobster waters where the Bay of Fundy meets the Gulf of Maine, although few actually live in it. Machias Seal Island is a migratory bird sanctuary maintained by the government of Canada, but is otherwise uninhabited.

The US Supreme Court on June 26 ruled 5-to-4 (PDF) in Trump v. Hawaii that President Donald Trump's proclamation restricting entry from particular Muslim-majority countries was "squarely within the scope of presidential authority" under the Immigration and Nationality Act. The court also found that plaintiffs challenging the proclamation were unlikely to succeed on their claim that the ban violates the Establishment Clause of the First Amendment. Chief Justice John Roberts wrote for the majority: "[T]he Government has set forth a sufficient national security justification to survive rational basis review. We express no view on the soundness of the policy. We simply hold today that plaintiffs have not demonstrated a likelihood of success on the merits of their constitutional claim." The ruling overturns a preliminary injunction issued by the Ninth Circuit Court of Appeals in December, which blocked the policy from taking effect. The Supreme Court remanded the case back to the lower courts for "further proceedings."

Trump's executive order officially calling for an end to separating migrant families on the border actually contains provisions laying the groundwork for the indefinite detention of intercepted migrants. Entitled "Temporary Detention Policy for Families Entering this Country Illegally," it instructs the Secretary of Defense to provide "any existing facilities available for the housing and care of alien families" to the Department of Homeland Security—a clear reference to placing detained migrants in military bases. It also charges the Defense Department with responsibility to "construct such facilities if necessary..."