- The Supreme Court will allow the Trump administration to enforce a rule that functionally prevents most migrants at the southern border from seeking asylum in the U.S.
- A federal district judge in California had previously blocked the rule, but the Supreme Court’s new decision means that it can stay in effect while legal challenges to mandate play out.
- Under the rule, migrants who have crossed through other countries to get to the southern border cannot apply for asylum in the U.S. unless they have been denied asylum in another country or have been the subject of “severe” human trafficking.
- The rule will mostly affect Hondurans, Salvadorans, and Guatemalans seeking asylum in the U.S. from gang violence and high levels of crime in their home countries.
Supreme Court Decision
The Supreme Court issued an unsigned order Wednesday allowing the Trump administration to enforce a rule that effectively prevents most Central American migrants at the southern border from seeking asylum in the U.S. while legal challenges to the rule play out.
The rule was first issued by the Trump administration in July. It mandates that any migrant who has crossed through another country to get the southern border can not apply for asylum in the U.S.
The only exceptions are for migrants who have been denied asylum in another country or who have been victims of “severe” human trafficking.
However, that does not mean people with those qualifiers will be granted asylum; it just means that they are the only ones who can even try to apply.
The Supreme Court’s order reverses a decision by a lower court to block the rule. Right after the Trump administration announced the mandate, it was challenged by immigrants rights groups in court.
Then, towards the end of July, California Federal District Judge Jon Tigar blocked the rule. In his ruling, Tigar said that the decision to bar a group of people from asylum was a decision that had to be made by Congress
As a result, he decided that the administration’s rule “is likely invalid because it is inconsistent with the existing asylum laws.” He also said that it violated the Administrative Procedure Act, or APA, which requires that there is a period of public comment before a rule is enacted.
In his decision, Tigar issued a nationwide injunction ordering the administration to continue to allow all asylum applications. However, the U.S. Court of Appeals for the 9th Circuit said that Tigar did not have the power to make that ruling nationwide.
While they agreed that the rule did go against the APA, they decided that the injunction could only apply to the geographic areas in the 9th District, which includes parts of California and Arizona. Meaning the other border states could still enforce the administration’s new rule.
Last month, Solicitor General Noel Francisco filed an emergency application to the Supreme Court, asking them to put a stop on the block and to allow the rule to be implemented nationwide while the legal battle continued.
Francisco argued that Congress gives the departments of Justice and Homeland Security power to place restrictions on asylum seekers that go beyond the scope of the existing federal asylum law.
On Monday, Tigar reinstated his nationwide injunction. Again, it was blocked by the 9th Circuit, and again the Trump administration asked the Supreme Court to lift the injunction.
Implications for U.S. Asylum Policy & Asylum Seekers
At the very top level, the rule is a massive change to the way the federal government has treated people seeking asylum under laws that have been in place for four decades.
The current federal law says that any foreign national who “who is physically present in the United States or who arrives in the United States” can seek asylum in the country, as long as they can prove they face persecution in their home country.
A rule that allows the U.S. to deny most people showing up at the southern border the ability to even apply for asylum is a big shift.
According to the legal brief given to the Supreme Court by the ACLU, which represents the immigration rights groups challenging the rule in court, the asylum ban “would upend a forty-year unbroken status quo established when Congress first enacted the asylum laws in 1980.”
“The current ban would eliminate virtually all asylum at the southern border, even at ports of entry, for everyone except Mexicans (who do not need to transit through a third country to reach the United States),” the ACLU continued. “The Court should not permit such a tectonic change to U.S. asylum law, especially at the stay stage.”
The change in asylum policy most heavily impacts Hondurans, Salvadorans, and Guatemalans, many of whom seek asylum in the U.S. from gang violence and high levels of crime in their home countries.
Migrants from those countries by far compose the majority of people seeking asylum in the U.S. in record numbers this year.
According to the New York Times, so far this fiscal year, Border Patrol has arrested 419,831 migrant family members from those countries at the U.S. border. By contrast, just 4,312 Mexican family members have been apprehended.
Most of those families who have tried to enter the U.S. to get asylum have been released to await court hearings, according to the Justice Department, which said that more than 436,000 pending cases also include an asylum application.
Notably, the Trump administration’s new rule also could hurt refugees fleeing the humanitarian and economic crisis under the Maduro regime in Venezuela, where more than four million people have already left the country, according to the UN.
That leaves many wondering where all these people will go.
Under the rule, Hondurans and Salvadorans are required to seek asylum in Guatemala or Mexico, and then be denied asylum in those places, before they can apply in the U.S. Guatemalans have to seek and be denied asylum in Mexico.
Both Guatemala and Mexico initially expressed dislike of that plan, because it would basically take the asylum problems the U.S. has and kick the can to those two countries, thus overburdening their asylum systems.
Although both countries eventually tentatively agreed, it was only after President Donald Trump had threatened them with tariffs.
While the U.S. struck a deal with Guatemala to take in more migrants, the country’s Constitutional Court has ruled that it needs further approval.
The Mexican government has also recently pushed back against the agreement that would force them to take in asylum seekers from Guatemala, which is known as the safe-third-country agreement.
The Rule Moving Forward
The Supreme Court’s Wednesday ruling was an unsigned order, and so it did not include any reason or explanation for why they blocked the lower court’s decision.
That does not mean that the highest court agrees one way or the other with the rule; it just means that they decided it can stay while the legal battles progress through court.
That, however, could take months, and until then, the rule will stay in place.
Regardless, this is a huge win on immigration for the Trump administration. Trump noted this on Twitter, writing in a tweet Wednesday, “BIG United States Supreme Court WIN for the Border on Asylum!”
The president also appeared to express his support for the matter again on Thursday, writing on Twitter “Some really big Court wins on the Border lately!”
Trump is not wrong. This most recent decision follows another from the Supreme Court in July to allow the administration to use $2.5 billion in Pentagon funds for the construction of a wall along the Mexican border.
If and when the case does go to the Supreme Court, the main issue will be whether or not the administration can change asylum policy in this way without going through Congress.
The Trump administration argues that a provision in the federal law allows the attorney general to “establish additional limitations and conditions, consistent with this section, under which an alien shall be ineligible for asylum.”
However, the asylum law only has a few, narrow exceptions to the rule that any foreign national can apply for asylum.
On the other side, the ACLU argued in their Supreme Court brief that “Congress went out of its way to underscore that only bars ‘consistent with’ the entirety of the asylum laws […] were permitted.”
They also added that giving the executive branch so much authority “flouts bedrock principles of separation of powers and administrative law.”
See what others are saying: (The Washington Post) (The New York Times) (Fox News)
Lawyer Claims That LAPD Officer Who Died In Training Was Targeted For Investigating Other Officers For Rape
The late officer’s family has filed a lawsuit against the city of Los Angeles.
Press Conference Reveals New Allegations
A lawyer for the family of Los Angeles Police officer Houston Tipping, who died in May during a training exercise, claimed on Monday that Tipping was targeted for reporting an alleged sexual assault by four other police officers last year.
In May, Tipping sustained serious injury — including a broken spine — during training, which resulted in his death three days later. The LAPD released a statement saying his injuries came from a fall taken during a segment of training that involved grappling another officer.
His family, however, filed a complaint — and later a lawsuit — against the city of Los Angeles. The lawsuit states that Tipping was, “repeatedly struck in the head severely enough that he bled.”
During a Monday press conference, his family’s lawyer, Bradley Gage, claimed that the injuries Tipping sustained could not have been the result of grappling.
“There is no way grappling would have caused those kinds of injuries the way the LAPD portrays it,” he said. “What would cause those injuries is if somebody picked a person up, slams them down onto their head and their neck onto a hard surface.”
An Alleged Cover-Up
According to Gage, an officer that Tipping had reported last year for an alleged sexual assault was also present at this training exercise.
“The allegation is that in July of 2021, four police officers were involved in the sexual assault of a woman from the Los Angeles area. A report was taken by Officer Tipping,” he said. “And the female victim claimed that she was raped by four different people, all LAPD officers. She knew the names of some of those officers because they were in uniform and had their name tags on. The name of one of those officers, with the name tag, seems to correlate with the names of one of the officers that was at the bicycle training”
The attorney went on to confirm that he is alleging this unnamed officer is responsible for Tipping’s injuries.
Later in the press conference, Gage stated that the police department is likely trying to cover-up these misdeeds.
“I’m sure that these actions are being covered-up. The thought of a code of silence or a cover-up by a police department should not be shocking or surprising to anyone,” he said.
Although the initial lawsuit by Tipping’s family included the wrongful death and other civil rights violations, with this new information, the family and the attorney has decided to file a supplemental. This supplemental will cover the whistler blower retaliation, destruction of evidence, and the initial wrongdoing of the rape case.
See what others are saying: (FOX 11 LA) (Washington Post) (LA Times)
Donald Trump and Eldest Three Children Hit With Fraud Lawsuit From New York AG
AG Letitia James says that the former president “falsely inflated his net worth by billions of dollars to unjustly enrich himself.”
Lawsuit Filed Against Trump
New York Attorney General Letitia James announced on Wednesday that she filed a civil lawsuit against former president Donald Trump and his three eldest children over allegations that they fraudulently inflated asset valuations within the Trump Organization.
Donald Trump Jr., Eric Trump, and Ivanka Trump are all listed alongside their father in the lawsuit. Executives Jeffrey McConney and Allen Weisselberg, the latter of whom recently pled guilty to tax crimes, are also listed alongside other Trump businesses.
“Donald Trump, with the help of his children…and senior executives at the Trump Organization, falsely inflated his net worth by billions of dollars to induce banks to lend money to the Trump Organization on more favorable terms than would otherwise have been available to the company, to satisfy continuing loan covenants, to induce insurers to provide insurance coverage for higher limits and at lower premiums, and to gain tax benefits, among other things,” a press release announcing the lawsuit claimed.
The Attorney General’s office claims that between 2011 and 2021, Trump and the Trump Organization made 200 false and misleading claims about asset values on annual financial statements.
The lawsuit was filed Wednesday in a State Supreme Court in Manhattan.
“The complaint demonstrates that Trump falsely inflated his net worth by billions of dollars to unjustly enrich himself and to cheat the system, thereby cheating all of us,” James said while announcing the complaint.
Her office is seeking to permanently ban Trump and his children from serving as an officer or director in any New York corporation and to bar Trump and his organization from entering into any New York real estate acquisitions for five years. The office is also seeking to recover $250 million in penalty payments, among other forms of relief.
The Office of the Attorney General has also referred the matter to the federal attorneys in New York and to the IRS for criminal investigation.
“There aren’t two sets of laws for people in this nation: former presidents must be held to the same standards as everyday Americans,” James added in a statement on social media.
“Trump’s crimes are not victimless,” she continued. “When the well-connected and powerful break the law to get more money than they are entitled to, it reduces resources available to working people, small businesses, and taxpayers.”
Trump Allegedly Inflated Key Assets
According to James’ release, Trump “made known through Mr. Weisselberg that he wanted his net worth on his statements to increase every year.”
“And the statements were the vehicle by which his net worth was fraudulently inflated by billions of dollars year after year,” the release continued.
Among the assets Trump and his organization allegedly inflated was the Trump Tower Triplex, an apartment Trump allegedly claimed was 30,000 square feet when it is just around 11,000 square feet. Because of its ballooned size, the property was valued at $327 million in 2015, roughly three times as much as the sole apartment in New York City to ever sell for over $100 million at the time.
For further comparison, the highest sale for a listing in Trump Tower at the time was only $16 million.
Trump also allegedly claimed Mar-a-Lago was valued as high as $739 million based on the “false premise” that the property could be developed and sold for residential use. The lawsuit claims that Trump actually signed deeds donating those rights, limiting the property’s use to a social club. James and her office claim its value would fall closer to $75 million.
Inflated Clauations Cannot Be “Excused”
“The inflated asset valuations in the Statements cannot be brushed aside or excused as merely the result of exaggeration or good faith estimation about which reasonable real estate professionals may differ,” the lawsuit states, adding that instead, they are the result of improper methodology intentionally meant to falsely boost Trump’s net worth.
The investigation into Trump’s alleged fraud began nearly three years ago, and the former president has repeatedly called it a politically motivated witch hunt. His attorney, Alina Habba, doubled down on that rhetoric in a statement Wednesday.
“Today’s filing is neither focused on the facts nor the law – rather, it is solely focused on advancing the Attorney General’s political agenda,” Habba said. “We are confident that our judicial system will not stand for this unchecked abuse of authority, and we look forward to defending our client against each and every one of the Attorney General’s meritless claims.”
For his part, Trump has blasted the lawsuit on Truth Social, calling James a “fraud” and a “crime-fighting disaster.”
Trump previously tried to impede the probe but was ultimately ordered by a judge to sit for a deposition and turn over subpoenaed documents. Reports say he pled the fifth hundreds of times during his deposition.
See what others are saying: (Bloomberg) (The Washington Post) (Reuters)
Hurricane Fiona Causes “Catastrophic” Damage in Puerto Rico, Leaving Many Without Power
While power has been restored to some, more than a million remain without it as continued rainfall, flooding, and landslides are expected to cause further damage across the island.
Hurricane Fiona Wreaks Havoc
Hurricane Fiona made landfall in Puerto Rico Sunday, bringing heavy rains, flooding, and landslides, while also knocking out power for the entire island and killing at least one person.
Photos and videos posted on social media show floodwaters consuming major streets and engulfing cars. Some pictures show an entire bridge flooded, making it impassible. Other footage shows a different bridge entirely uprooted and a metal barrier ripped away from the road and floating down a river of floodwater.
Officials have said conditions are still too dangerous to fully evaluate the extent of the crisis. In remarks to the public, Puerto Rico’s governor, Pedro Pierluisi, described the damage as “catastrophic.”
He asserted that the storm has been one of the most significant since Hurricane Maria — which hit the island almost exactly 5 years ago to the day — killing more than 3,000 people, leaving many without power for months, and causing destruction that the island is still recovering from.
Pierluisi noted that Puerto Rico has received over 30 inches of rain and that some areas have even gotten more rain than during Hurricane Maria. As of Monday afternoon, the National Gaurd has led 30 rescue operations so far, saving more than 1,000 stranded residents in 25 municipalities, according to the governor.
Pierluisi also added that more than 2,000 people were in the island’s 128 shelters, with officials further saying there is plenty of shelter space for those who need it. On Sunday, President Joe Biden approved an emergency declaration for Puerto Rico, which will allow federal agencies to coordinate disaster relief.
Continued Issues As Storm Rages On
Meanwhile, Puerto Rico’s water authority has confirmed that just over 70% of the island is still without water. According to poweroutage.us, more than 1.3 million customers were still without power as of Monday morning.
The power company LUMA also stated that electricity had been restored to around 100,000 customers over the course of Sunday night, though it previously warned that the full restoration of power could take several days as the storm has created “incredibly challenging” conditions.
While Hurricane Fiona has passed through Puerto Rico, having now made landfall in the Dominican Republic, officials and experts say that heavy rains and further flooding are still to be expected for the next few days.
The National Weather Service has warned that “life-threatening and catastrophic flooding” as well as mudslides and landslides are expected to continue across the island. As a result, Pierluisi has urged Puerto Ricans Monday to remain home and in shelters so that officials can continue to respond to others in need.
He also noted that the areas most impacted by the hurricane include the southern part of the island, the southwest, and the mountains.
After moving through the Dominican Republic, Hurricane Fiona is expected to head towards Turks and Caicos Tuesday. The National Hurricane Center has said that the storm will continue to grow and by Wednesday, it is set to become a major hurricane — which means a Category 3 or higher.