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Federal Court Orders Immigration Officers to Stop Enforcing Trump’s Asylum Ban

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  • On Tuesday, a U.S. Circuit Judge in D.C. ruled that the Trump administration’s third-country asylum rule is illegal.
  • That rule went into effect last year and bars immigrants from claiming asylum in the United States if they pass through another country on their way to the U.S.
  • In his decision, Judge Timothy Kelly said the administration violated the Administrative Procedure Act by not giving Americans enough time and opportunity to weigh in on policy changes. 
  • On Wednesday, the Department of Homeland Security ordered asylum officers to stop applying the policy for new applicants, as well as those currently awaiting a decision.

Judge Rules Third-Country Asylum Rule Illegal

The Department of Homeland Security on Wednesday ordered asylum officers to stop applying a controversial asylum policy meant to greatly diminish the number of migrants seeking refuge at the United States’ southern border.

The announcement came a day after Timothy J. Kelly, a judge for the U.S. District Court for the District of Columbia, ruled that the policy is illegal. 

The policy, imposed by the Trump administration in July 2019, was aimed predominantly at Central Americans crossing through “third” countries to get to the U.S. border. For example, to get to the U.S. from Guatemala, migrants would first need to cross through Mexico.

Under that policy, if a migrant crossed through Mexico to get to the U.S. border, they would not be able to immediately qualify for asylum. In fact, to be able to even potentially qualify for U.S. asylum, they would first have to apply for and be denied asylum in Mexico.

Immigrant nonprofits and asylum seekers argued that the rule violated a number of laws, including the Immigration and Nationality Act. That act generally allows anyone arriving to the U.S. to apply for asylum, though there are some exceptions for people with criminal records.

In his ruling, Kelly didn’t give a decision either way on the Immigration and Nationality Act. Instead, he agreed with immigrant rights groups that the Trump administration violated the federal Administrative Procedure Act, which requires that Americans be given ample time and opportunity to voice their opinions on policy changes. 

In fact, Kelly ruled that the administration also gave an insufficient explanation as to why it didn’t allow the public to see and comment on a draft of the policy before it was enacted.

For its part, the Trump administration argued that it didn’t give advance notice of the third-country requirement because that would have triggered a surge of applicants seeking to evade the rule before it took effect. 

However, Kelly said almost all of the government’s argument was based on one newspaper article from October 2018. That article suggests that when the Trump administration ended its policy of separating immigrant families at the border, the proportion of asylum seekers with children increased.

“There are many circumstances in which courts appropriately defer to the national security judgments of the Executive,” Kelly said in his decision. “But determining the scope of an APA exception is not one of them.” 

This is not the first time Trump’s third-country restriction has been halted. Last July, a federal judge in San Francisco entered a preliminary injunction against the ban because of a “mountain” of evidence suggesting migrants couldn’t safely seek asylum in Mexico. In September, the Supreme Court then reversed that injunction and allowed the administration to keep enforcing the policy.

Praise From Immigrant Rights Groups

Following this ruling, ACLU attorney Lee Gelernt praised Kelly’s decision.

“The court properly recognized that the Trump administration has once again skipped important steps mandated by Congress to ensure transparency and input from the public,” Gelernt said. “This is yet another instance in which this administration has sought to bypass Congress where the lives of asylum seekers are at stake.” 

Human Rights First executive Hardy Vieux also praised the outcome, saying that Kelly’s ruling “is proof that the administration cannot do an end-run around the law. In the United States of America, we follow the rule of law, even when it benefits asylum-seekers demonized by this administration.” 

Conversely, the Justice Department stressed that Kelly’s ruling was “a matter of procedural mechanics.”

“It was not a ruling on the substance of the asylum policy,” an official added.

That much seems to be backed up by the basis of Kelly’s ruling, which was made because the Trump administration failed to follow procedure when announcing the policy. Therefore, the administration will likely try to appeal this decision.

Impact of New Ruling May Be Limited

The order handed down from DHS on Wednesday applies not only to new asylum applicants but also to applicants waiting to receive their final decisions.

Still, even as Kelly noted in his decision on Tuesday, the impact of this ruling appears to be limited—at least for now. That’s because DHS has already been turning away thousands of asylum seekers at the border. 

Those restrictions began earlier this year in response to the coronavirus outbreak. In May, the Trump administration then extended the measure indefinitely, arguing that the move was necessary to prevent the spread of the coronavirus.

In fact, according to The Washington Post, between March 21 and May 13, the U.S. granted asylum to just two people.

See what others are saying: (CBS News) (NBC News) (The Los Angeles Times)

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House To Send Impeachment Article Monday, Starting Impeachment Trial Process

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  • Senate Majority Leader Chuck Schumer said the House will send the impeachment article against former President Donald Trump to the Senate on Monday, triggering the start of the impeachment trial process.
  • The news comes one day after Senate Minority Leader Mitch McConnell requested that the trial be delayed until mid-February so that Trump’s legal team could have two weeks to prepare.
  • The senators could still come to their own agreement to delay the start of oral arguments and give Trump’s team more time to file pretrial briefs. 
  • Some Democrats have signaled support for this move because it would give them extra time to confirm President Joe Biden’s nominations before the trial starts.

Pelosi To Send Impeachment Article

Senate Majority Leader Chuck Schumer (D-NY) said Wednesday that House Speaker Nancy Pelosi (D-Ca.) will send the impeachment article against former President Donald Trump to the Senate on Monday.

The move will officially trigger the start of the impeachment trial process. The announcement comes one day after Minority Leader Mitch McConnell (R-Ky.) requested that the trial be delayed until mid-February so that Trump’s legal team could have two weeks to prepare.

Despite Pelosi’s decision, the senators still could come to their own agreement to start the ceremonial proceedings but delay the start of oral arguments and give Trump’s team more time to file pretrial briefs.

In fact, Democrats, who have been pushing for a schedule that would allow them to still confirm President Joe Biden’s nominees before the trial proceedings start each day, have signaled that they might not oppose a delay because it would give them extra time for confirmations.

During his announcement this morning, Schumer indicated that the details were still being hashed out.

“I’ve been speaking to the Republican leader about the timing and duration of the trial,” he said. “But make no mistake a trial will be held in the United States Senate and there will be a vote on whether to convict the president.” 

McConnell, for his part, responded by reiterating that his party will continue to press for Trump’s team to be given enough time.

“This impeachment began with an unprecedentedly fast and minimal process over in the House,” he said. “Senate Republicans strongly believe we need a full and fair process where the former president can mount a defense.”

While the leaders may not have worked out the particulars yet, according to reports, both parties have already agreed that this trial will be shorter than Trump’s first impeachment, which lasted three weeks.

Implications for Power-Sharing Deal

The new impeachment trial deadline could also speed up the currently stalled negotiations between Schumer and McConnell regarding how power will be shared in a Senate with equal numbers of Republicans and Democrats.

Democrats effectively control the Senate because Vice President Kamala Harris will be the deciding vote, but she cannot always be there to resolve every dispute.

As a result, McConnell and Schumer have been working to come up with a power-sharing deal for day to day operations, similar to one that was struck in 2001 the last time the Senate was split 50-50. However, those negotiations have hit a roadblock: the legislative filibuster.

The filibuster is the long-standing Senate rule that requires a supermajority of at least 60 senators to vote to end debate on a given piece of legislation before moving to a full floor vote. Technically, all 50 Democrats and Vice President Harris could agree to change the rule to just require a simple majority to legislation advance, or what’s known as the “nuclear option.”

That move, in effect, would allow them to get through controversial legislation without any bipartisan support, as long as every Democrat stays within party lines. Many more progressive Democrats have pushed for this move, arguing that the filibuster stands in the way of many of their and Biden’s top priorities.

Given this possibility, McConnell has demanded that Democrats agree to protect the filibuster and promise not to pursue the nuclear option as part of the power-sharing deal. 

But top Democrats have rejected that demand, with many arguing that having the threat of filibuster is necessary to get Republicans to compromise.

In other words: if Republicans fear that Democrats will “go nuclear,” they will be more likely to agree to certain bills and measures to avoid that.

See what others are saying: (The New York Times) (Politico) (The Wall Street Journal)

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Biden Signs 17 Executive Order During His First Day in Office. Here’s What You Need to Know

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  • In the first hours of his presidency, Joe Biden signed 17 executive orders and proclamations, many of which focused on rolling back Trump administration policies regarding immigration, the environment, and protections for minority groups.
  • Biden also implemented several measures to tackle the coronavirus, including requiring masks to be worn on federal property and by federal employees. He is also expected to announce a new national strategy aimed at restructuring the federal response to the pandemic.
  • On Thursday, Biden will also invoke the Defense Production Act, which would speed up the development and distribution of vaccine-related equipment.

Biden Rolls Back Trump Policies

President Joe Biden signed 17 executive actions and proclamations Wednesday afternoon. Many of his first acts in office are focused on rolling back several policies implemented by former President Donald Trump that Biden’s aides said have caused the “greatest damage” to the country.

“I thought there’s no time to wait, get to work immediately,” Biden told reporters present during the signed of several of the orders. 

Here is a breakdown of some of the key measures Biden implemented.

Immigration

Biden immediately ended all construction on the border wall by overhauling the national emergency declaration Trump had enacted to divert billions in federal funds to his central campaign promise.

The new president also expanded protections under the Deferred Action for Childhood Arrivals program (DACA) and overturned a Trump policy that made immigration enforcement more strict and

In similar actions, he also ended the travel ban on multiple Muslim-majority countries and revoked a Trump administration order that would have excluded non-citizens from the 2020 Census count.

The Environment

One of the most significant actions Biden took was signing a letter to rejoin the Paris Climate Agreement. It will take 30 days for the return to go into effect.

The president also issued a sweeping order that reversed a number of the Trump administration’s environmental policies, including revoking the permit for the Keystone XL pipeline, re-establishing a working group to look into the social costs of greenhouse gasses, and temporarily banning oil and natural gas leases in the Arctic National Wildlife Refuge.

Justice for Minority Groups

In one far-reaching order, Biden directed all federal agencies to review equity in their programs and policies. They are required to issue a report within 200 days that, among other things, details how each will remove barriers to opportunities and ensure all Americans have equal access to federal resources.

Biden also ended Trump’s policy that limited federal agencies, contractors, and other organizations from holding diversity and inclusion training. The same order also disbanded the 1776 Commission created by Trump to study his claims that the education system was too liberal in its teaching of American history.

In a separate order, the president issued changes that will broaden federal protections against sex discrimination to include LGBTQ+ Americans, reversing a previous action by Trump.

Government Accountability

As part of a broad measure aimed at general accountability in the executive branch, Biden issued an order that will establish ethics rules for all people in his administration. The same order will also require all executive branch appointees to sign an ethics pledge. 

Separately, the president additionally froze all new regulations Trump had put in place during his last few weeks in office until they can be further evaluated.

Economy and Coronavirus

Chief among Biden’s first acts in office were his plans for the coronavirus pandemic and the damage it has caused to the American people.

In terms of financial relief, Biden extended the ban on evictions and foreclosures and paused student loan payments until September.

As for direct actions concerning the pandemic, the president imposed a mask mandate for all federal employees and anyone on federal property. He also signed an extensive order aimed at restructuring the federal response to the pandemic.

Biden is expected to enact more policies in regards to the coronavirus in the coming days, including taking more executive actions to ramp up testing and vaccine distribution, safely reopening schools and businesses, and provide more money to states to help carry out those efforts, among other things.

To achieve these goals, he will also invoke the Defense Production Act, which will compel American companies to manufacture supplies for the pandemic response such as PPE and other items needed for vaccines.

See what others are saying: (The New York Times) (ABC News) (The Washington Post)

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U.S. To Join WHO-led Vaccine Distribution Plan as Biden Implements a Flurry of COVID-19 Executive Orders

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  • Dr. Anthony Fauci indicated Thursday that President Joe Biden will join COVAX, a World Health Organization-led COVID-19 vaccine distribution plan.
  • Fauci’s announcement comes one day after Biden signed an executive order reversing former President Donald Trump’s plan to remove the United States from the WHO. 
  • Among other orders, Biden plans to implement a mask mandate for airports, planes, trains, and other forms of interstate travel. He has already ordered masks to be worn on all federal property. 
  • Biden is also expected to invoke the Defense Production Act on Thursday, which would speed up the development and distribution of vaccine-related equipment.

U.S. To Join COVAX

Just one day after President Joe Biden signed an order to keep the United States in the World Health Organization, Dr. Anthony Fauci said the country will join its global COVID-19 vaccine distribution plan.

That plan, COVAX, is a collaborative effort between 92 countries to ensure that COVID vaccines aren’t only distributed in wealthy countries.

The idea behind the plan is that establishing a global herd immunity will be much more effective at curbing the spread of the virus than just establishing herd immunity in countries that can afford to buy large quantities of the vaccine, especially when international travel picks back up. 

The plan is not without its shortcomings. Earlier this week, the WHO stated that some countries participating in COVAX have been disregarding the plan and buying large quantities of vaccines for themselves.

Nonetheless, in a video conference call Thursday morning with the WHO’s executive board, Fauci — now chief medical advisor to the president — said the Biden administration believes it can inoculate every American while also helping people in other countries.

Biden’s plan to join COVAX is a stark contrast from the Trump administration, which refused to participate in the program. 

Fauci said Biden will issue the directive to join COVAX later Thursday. 

Additionally, Fauci noted that the U.S. once again “intends to fulfill its financial obligations” to the WHO. 

In his attempt to leave the organization, Trump cut off payments from the U.S.; however, his administration never got the chance to fully cut ties with the organization because the U.S. wasn’t scheduled to officially leave until July of this year. 

Biden Signs Mask Mandate, Other Orders To Come

Among other COVID-related executive orders signed Wednesday, Biden implemented a national mask mandate for people on federal property. 

Sometime Thursday, Biden is also expected to sign another order requiring masks to be worn in airports, as well as on airplanes, trains, and other interstate transit systems.

Also on Thursday, Biden is also expected to sign an order that will establish a COVID-19 testing board. Once implemented, the board will be responsible for increasing testing rates, addressing supply shortfalls, and determining the rules and regulations for international travelers coming into the U.S. It will also have the power to distribute resources to minority communities that have been disproportionately affected by the virus.

On top of that, Biden plans to sign an order that will direct the Federal Emergency Management Agency to reimburse states and Native American tribes for their emergency response efforts. Notably, those reimbursements include costs related to reopening schools.

Finally, Biden is expected to invoke the Defense Production Act on Thursday. Such a move would speed up the production of masks and other equipment needed to help administer vaccines.  

See what others are saying: (Business Insider) (Reuters) (CNBC)

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