US Supreme Court backs Biden bid to end Trump ‘remain in Mexico’ policy

Biden promises a more "humane" approach at border. (Reuters)
Short Url
Updated 30 June 2022
Follow

US Supreme Court backs Biden bid to end Trump ‘remain in Mexico’ policy

  • Supreme Court overturns decision requiring Biden to restart Trump’s “remain in Mexico” policy after the Republican-led states sued to maintain the program

WASHINGTON: The US Supreme Court on Thursday gave a major boost to President Joe Biden’s drive to end a hard-line immigration policy begun under his predecessor Donald Trump that forced tens of thousands of migrants to stay in Mexico to await US hearings on their asylum claims.
The justices, in a 5-4 ruling authored by Chief Justice John Roberts, overturned a lower court’s decision requiring Biden to restart Trump’s “remain in Mexico” policy after the Republican-led states of Texas and Missouri sued to maintain the program.
The ruling bolsters Biden as he pursues what he calls a more “humane” approach at the southern border even as Republicans blame him for what they portray as an immigration crisis.
The justices concluded that the New Orleans-based 5th US Circuit Court of Appeals erred in finding that federal immigration law required sending migrants back to Mexico so long as there was not enough space to detain them in the United States.
“The problem is that the statute does not say anything like that,” Roberts wrote, adding that the 5th Circuit’s decision also mistakenly imposed a “significant burden” upon the US government’s ability to conduct diplomatic relations with Mexico.
Trump’s administration adopted the policy, formally called the “Migrant Protection Protocols,” in 2018 in response to an increase in migration along the US-Mexican border, changing longstanding US practice. It prevented certain non-Mexican migrants, including asylum seekers fearing persecution in their home countries, from being released into the United States to await immigration proceedings, instead returning them to Mexico.
Biden’s fellow Democrats and immigration advocates have criticized Trump’s policy, saying migrants stuck in Mexican border cities have faced kidnappings and other hazards.
Roberts was joined by fellow conservative Justice Brett Kavanaugh and the three liberal justices in the ruling. In dissent, Justice Samuel Alito — joined by fellow conservative Justices Clarence Thomas and Neil Gorsuch — said Congress never meant for the government to release immigrants and simply hope they “will show up for the hearing.”
The ruling also faulted the 5th Circuit for voiding the administration’s June 2021 decision to end Trump’s program. The 5th Circuit found that Biden’s administration had failed to properly explain its rescinding of Trump’s policy in violation of federal administrative law. But the Supreme Court found that the June 2021 decision was superseded by a new, more detailed one issued by the administration four months later.
Biden suspended the “remain in Mexico” policy in January 2021 shortly after taking office and acted to rescind it five months later. Roughly 68,000 people fell under the policy from the time it took effect in 2019 until Biden suspended it.
At issue in the case was the meaning of a provision of a 1996 US immigration law that stated that US officials “may return” certain immigrants to Mexican territory pending immigration proceedings. Texas and Missouri have said this provision must be used because the United States lacks detention space for migrants. Biden’s administration said the provision was clearly discretionary.
For migrants not posing a security risk, immigration law separately allows their release into the United States for humanitarian reasons or “significant public benefit” pending a hearing, a practice officials have followed for decades.
Kavanaugh, in a concurring opinion, said that every president since the late 1990s has allowed immigrants into the United States to await their proceedings.
Texas Governor Greg Abbott, a Republican, criticized the ruling, saying it “will only embolden the Biden administration’s open border policies.”
Immigrant rights groups called the ruling a victory.
“The US for generations has been a refuge for those fleeing danger and persecution,” said Marielena Hincapié, executive director of the National Immigration Law Center, urging Biden’s administration to “move swiftly to permanently end every facet of the human rights disaster that is ‘remain in Mexico.’“
The number of migrants caught crossing the US-Mexico border has reached record highs recently. Republicans contend that the “remain in Mexico” policy effectively deterred unlawful migration.
After a judge ruled in favor of Texas and Missouri, reinstating the program, the Supreme Court last August refused the Biden administration’s request to block that decision while it appealed. The 5th Circuit ruled in December that because the government lacks the capacity to detain all migrants eligible for admission pending a hearing, it must maintain “remain in Mexico.”
Thursday’s decision came on the final day of rulings for the court’s current nine-month term.


UK minister accused of ‘witch hunt’ against pro-Palestine movement

Updated 21 May 2024
Follow

UK minister accused of ‘witch hunt’ against pro-Palestine movement

  • Michael Gove: University encampments represent ‘antisemitism repurposed for Instagram age’
  • Palestine Solidarity Campaign: Britain ‘complicit’ in ‘genocide in Gaza’

LONDON: The UK’s secretary of state for leveling up, housing and communities has been accused of conducting a “witch hunt” after accusing pro-Palestinian demonstrators of antisemitism.
Political parties and the Palestine Solidarity Campaign condemned Michael Gove, with the Revolutionary Communist Party calling his accusations an attempt to distract from the Conservatives’ “support for genocide” in Gaza.
The Socialist Workers Party said he is conducting a “witch hunt (against) the Palestine solidarity movement.”
Gove announced plans to make protest organizers foot the cost of policing at pro-Palestinian demonstrations, saying they are not doing enough to stop some attendees spreading anti-Jewish messages.
“Many of those on these marches are thoughtful, gentle, compassionate people — driven by a desire for peace and an end to suffering. But they are side by side with those who are promoting hate,” he added.
“The organizers of these marches could do everything in their power to stop that. They don’t.”
Gove also said pro-Palestinian university encampments across the UK represent “antisemitism repurposed for the Instagram age,” and their presence has facilitated hostility against Jewish students on campuses.
Ben Jamal, PSC director, said in a statement: “Apologists for Israel’s genocidal violence and system of apartheid have lost the democratic and legal arguments, but continue to attempt to delegitimize Palestinian solidarity. They will not succeed.
“At a moment when Israel is on trial in the world’s highest court for the crime of genocide and the day after its Prime Minister has been threatened with ICC (International Criminal Court) arrest warrants for war crimes, it is grotesque that these smears continue.
“The real issues are that the UK government continues to arm Israel, refuses to resume funding to UNRWA (the UN Relief and Works Agency for Palestine Refugees), and is attempting to protect Israel from legal accountability.
“Far from stopping the genocide in Gaza as required under international law, the UK is complicit.”


NGOs seek climate trial of French oil giant TotalEnergies

Updated 21 May 2024
Follow

NGOs seek climate trial of French oil giant TotalEnergies

  • The complaint was filed at Paris judicial court days before TotalEnergies holds annual shareholders meeting
  • The offenses carry prison sentences ranging between one year to five years and fines of as much as $163,000

PARIS: NGOs filed a criminal complaint against French oil giant TotalEnergies and its top shareholders in Paris on Tuesday, seeking a trial for involuntary manslaughter and other consequences of climate change “chaos.”
The case targets the company’s board, including chief executive Patrick Pouyanne, and major shareholders that backed its climate strategy, including US investment firm BlackRock and Norway’s central bank, Norges Bank.
In a statement, the three NGOs and eight individuals said they accused the group of “deliberately endangering the lives of others, involuntary manslaughter, neglecting to address a disaster, and damaging biodiversity.”
The complaint was filed at the Paris judicial court, which has environmental and health departments, three days before TotalEnergies holds its annual shareholders meeting.
The prosecutor now has three months to decide whether to open a judicial investigation, the NGOs said. If it does not go ahead, the plaintiffs can take their case directly before an investigative judge.
The offenses carry prison sentences ranging between one year to five years and fines of as much as 150,000 euros ($163,000).
“This legal action could set a precedent in the history of climate litigation as it opens the way to holding fossil fuel producers and shareholders responsible before criminal courts for the chaos caused by climate change,” the NGOs said.
The plaintiffs include “victims or survivors of climate-related disasters” in Australia, Belgium, France, Greece, Pakistan, the Philippines and Zimbabwe.
TotalEnergies did not immediately return a request for comment.
Oil and gas companies, other corporations and governments are facing a growing number of legal cases related to the climate crisis worldwide.
TotalEnergies is facing other legal cases in France related to climate change.
Outside the Paris judicial court, the NGOs held a banner reading “climate change kills” and “let’s put shareholders behind bars” — with the “share” in shareholders crossed out and replaced by the “death.”
The latest complaint aims to “recognize the deadly consequences of their decisions, their stubbornness in voting for fossil projects which threaten the stability of the climate and therefore of all living things,” Claire Nouvian, founding director of conservation group Bloom, said at a news conference.
Fossil fuels — oil, gas and coal — are the biggest contributors to heat-trapping greenhouse gas emissions.
One of the plaintiffs in the Paris case is Benjamin Van Bunderen Robberechts, a 17-year-old Belgian whose friend Rosa died in flash floods in Belgium at the age of 15 in 2021.
In Paris to file the complaint, he said he had come to “demand justice” against those “who choose profit over human lives and climate.”
In their statement, the plaintiffs said “TotalEnergies has known the direct link between its activities and climate change” since at least 1971.
“TotalEnergies followed a climate skeptic line in order to waste time, delay decision-making and protect its increasing investments in fossil fuels,” they added.
They said they hope to set a legal precedent “whereby opening new fossil fuel projects would be considered criminal.”
While the case was filed on Tuesday, TotalEnergies announced a deepwater project off the coast of Angola, with production set to start in 2028 to extract 70,000 barrels per day.


Gunmen kill around 40 people in attack in northcentral Nigeria: official

Updated 21 May 2024
Follow

Gunmen kill around 40 people in attack in northcentral Nigeria: official

  • Armed men invaded Zurak community, shooting sporadically and torching houses
  • Local youth leader Shafi’i Sambo also said at least 42 people had been killed in the raid

LAGOS: Gunmen riding motorbikes killed around 40 people in a raid on a mining community in northcentral Nigeria, opening fire on residents and torching homes, the local government said on Tuesday.
The attack late on Monday on Wase district in Plateau state was the latest violence in an area which has long been a flashpoint for disputes over resources and for outbreaks of intercommunal clashes.
Armed men invaded Zurak community, shooting sporadically and torching houses, Plateau state commissioner for information Musa Ibrahim Ashoms told AFP by telephone.
“As we speak, about 40 people have been confirmed dead. Zurak is a popular mining community,” he said.
Local youth leader Shafi’i Sambo also said at least 42 people had been killed in the raid.
Wase has deposits of zinc and lead, while Plateau as a whole is known for its tin mining industry.
Sitting on the dividing line between Nigeria’s mostly Muslim north and predominantly Christian south, Plateau often sees outbreaks of violence sparked by disputes between nomadic herders and pastoral farmers.
Climate change has also helped escalate tensions over grazing land, water access and other resources such as the state’s metal reserves.
Parts of northwest and northcentral Nigeria have also been terrorized by heavily armed criminal gangs, who raid villages to loot and carry out mass kidnappings for ransom.
In January, intercommunal clashes erupted in Plateau’s Mangu town that left churches and mosques burned, more than 50 people dead and thousands displaced.


Over 3,000 Ukrainian inmates seek to join military

Updated 21 May 2024
Follow

Over 3,000 Ukrainian inmates seek to join military

  • Ukraine is suffering critical ammunition and manpower shortages on the battlefield
  • “We predicted this before the adoption of this law,” Deputy Minister of Justice Olena Vysotska said

KYIV: Thousands of Ukrainian inmates are seeking to join the military, Kyiv said Tuesday, following a decision by lawmakers enabling some categories of prisoners to join the armed forces.
The move echoes a policy in Russia, where tens of thousands of prisoners have been sent to Ukraine with the promise of amnesty and were killed in gruelling battles that produced few gains.
Ukraine is suffering critical ammunition and manpower shortages on the battlefield that have allowed Russian forces to advance on the eastern and northern front lines.
“This is more than 3,000 people. We predicted this before the adoption of this law,” Deputy Minister of Justice Olena Vysotska said, referring to the number of prisoners who have submitted applications to join the military.
She said authorities had identified 20,000 eligible prisoners and that of them, 4,500 had “expressed interest” in joining. She added that the figure was likely to fluctuate.
Only prisoners with fewer than three years left on their sentence can apply. Mobilized prisoners are granted parole rather than a pardon.
Among those not eligible to serve include those found guilty of sexual violence, killing two or more people, serious corruption and former high-ranking officials.
Russia has recruited prisoners to serve on the front lines since the first days of its invasion, initially offering presidential pardons for six months’ service.


EU states push for June start to Ukraine membership talks

Updated 21 May 2024
Follow

EU states push for June start to Ukraine membership talks

  • To actually begin the negotiations the bloc’s member states still have to sign off on a formal framework for the process
  • At a meeting in Brussels, France’s EU affairs minister Jean-Noel Barrot called for “the effective opening of negotiations“

BRUSSELS: Several EU countries on Tuesday called for the bloc to start membership negotiations with Ukraine and Moldova in June, but Hungary threatened to throw a spanner in the works.
The 27-nation EU took the landmark step in December of agreeing to open talks on its war-torn neighbor — and fellow ex-Soviet state Moldova — joining the club.
But to actually begin the negotiations the bloc’s member states still have to sign off on a formal framework for the process, proposed in March by Brussels.
At a meeting in Brussels, France’s EU affairs minister Jean-Noel Barrot called for “the effective opening of negotiations” before Belgium’s rotating presidency concludes at the end of June.
That statement was echoed by other ministers — including from Ireland and Sweden.
The push to move Ukraine onto the next step in its quest for EU membership comes amid fears that Hungary, the friendliest country with Moscow in the bloc, could stall progress when it takes over the presidency after Belgium.
Budapest has been hostile to Kyiv’s bid to join, arguing that Ukraine is getting pushed ahead in the queue without meeting the required criteria.
“There can be no exception on the basis of political or ideological considerations,” Hungarian minister Zoltan Kovacs said.
“There is very little, if any, progress. Again, I can repeat to you that membership, approval should be a merit based process. No exceptions.”
Another possible hurdle could come from a new right-wing government being formed in The Netherlands opposed to any new enlargement of the bloc.
Ukraine applied to join the EU shortly after Russia launched all-out invasion in February 2022.
Starting the negotiations would put Ukraine still only at the start of what is likely to be a years-long process of reforms before it can finally become a member.