- On Wednesday, U.S. District Court Judge Emmet Sullivan ordered the Trump administration to end its practice of expelling unaccompanied migrant children at the southern border.
- That practice was part of a larger policy blocking all southern-border migrants from claiming asylum and entering the United States in the midst of the COVID-19 pandemic.
- The expulsion of single adults and families are not affected by this order, but Sullivan did seem to express a willingness to cast aside that aspect of the policy, as well.
- The Trump administration has indicated that it will appeal Sullivan’s decision, but for now, his ruling remains in effect.
Trump Admin. Adopts “Public Health” Expulsion Policy
A federal judge on Wednesday ruled that the Trump administration cannot turn away unaccompanied migrant children seeking asylum at the United States southern border.
The practice has been employed by the administration since March, the same time much of the United States first began going into coronavirus lockdowns. In fact, this practice is part of a larger policy the administration adopted after the Centers for Disease Control and Prevention issued an emergency order related to the coronavirus on March 20.
That order, signed by CDC Director Robert Redfield, stated that the U.S. government is allowed to temporarily block noncitizens from entering the US “when doing so is required in the interest of public health.”
Chad Wolf, the acting Homeland Security secretary, then announced three new measures he cited as necessary through the CDC’s order.
First, the U.S. would begin sending anyone who illegally crossed the border back to their home countries without the ability to claim asylum. Second, the country would suspend processing undocumented migrants at legal ports of entry. Third, it would close the legal entry points along the Mexican and Canadian borders to tourism.
From March through the end of September, the administration used that policy to turn away nearly 200,000 migrants. That includes more than 13,000 children who were traveling alone, according to the American Civil Liberties Union, one of four organizations that brought a lawsuit against the administration.
Judge Pauses “Public Health” Expulsions
District Judge Emmet Sullivan’s Wednesday decision was largely a win for the ACLU and immigrant rights groups.
In his ruling, Sullivan said while the CDC’s emergency order does allow the Trump administration to prohibit noncitizens from entering the country, that doesn’t then give the administration the legal standing to expel migrant children.
Under existing U.S. law, unaccompanied migrant children must be treated differently than adults or even families. In fact, they’re given special protections that require them to be placed in shelters and provided an opportunity to voice their asylum claims.
Sullivan’s ruling only applies to unaccompanied children. The Trump administration will still be able to turn away adults and families by citing COVID concerns outlined in the CDC’s order.
Nonetheless, Sullivan did seem to question the legality of the administration’s policy in full. While he said that the administration had been granted “extraordinary” authority by the CDC, he also said that authority is still “distinguishable” from the claim that it gives the administration full rights to turn away migrants.
Immigration Advocate Cheer, Trump Admin. Appeals
“Today’s ruling is a critical step in halting the Trump administration’s unprecedented and illegal attempt to expel children under the thin guise of public health,” ACLU Lawyer Lee Gelernt said of Sullivan’s decision in a statement on Wednesday.
Karla Marisol Vargas, a lawyer for the Texas Civil Rights Project, which was also represented in the suit, commended the ruling in a similar statement, noting that the case could carry over into a Biden administration.
“The Trump administration cannot weaponize a pandemic to destroy long-established protections for children with a shadow system of zero accountability,” she said. “We will continue to keep this administration and the next, in check.”
For their part, other immigrant advocates have argued that the U.S. has the ability to safely give protection to vulnerable immigrants while also addressing public health concerns. For example, the shelters unaccompanied migrant children will now go to are capable of adopting social distancing guidelines. Likewise, the number of migrants in border facilities has fallen dramatically since spring of last year.
Late Wednesday night, the Trump administration signaled that it would appeal Sullivan’s ruling, according to AZ Central.
Following that decision, Homeland Security spokesperson Chase Jennings painted Sullivan as an “activist judge.”
“[Sullivan] has demanded that illegal aliens be introduced into the United States in the tens of thousands, spread across the country on planes and busses, and cause the overflow of community hospitals, particularly at the border,” Jennings said.
Immigration advocates have argued that the Trump administration’s policy actually put Border Patrol agents more at risk because, under the policy, those agents needed to make arrangements so that migrant children would be able to fly back to their home countries.
Still, top border officials have argued that because of the pandemic, public health law needs to be prioritized over immigration laws.
For now, however, they must abide by Sullivan’s ruling. While the Justice Department did ask for Sullivan to stay the order pending an appeal, that request has been denied.
See what others are saying: (AZ Central) (The New York Times) (Axios)
Jan. 6 Committee Prepares Criminal Charges Against Steve Bannon for Ignoring Subpoena
The move comes after former President Trump told several of his previous aides not to cooperate with the committee’s investigation into the insurrection.
Bannon Refuses to Comply With Subpoena
The House committee investigating the Jan. 6 insurrection announced Thursday that it is seeking to hold former White House advisor Steve Bannon in criminal contempt for refusing to comply with a subpoena.
The decision marks a significant escalation in the panel’s efforts to force officials under former President Donald Trump’s administration to comply with its probe amid Trump’s growing efforts to obstruct the inquiry.
In recent weeks, the former president has launched a number of attempts to block the panel from getting key documents, testimonies, and other evidence requested by the committee that he claims are protected by executive privilege.
Notably, some of those assertions have been shut down. On Friday, President Joe Biden rejected Trump’s effort to withhold documents relating to the insurrection.
Still, Trump has also directed former officials in his administration not to comply with subpoenas or cooperate with the committee.
That demand came after the panel issued subpoenas ordering depositions from Bannon and three other former officials: Chief of Staff Mark Meadows, Deputy Chief of Staff Dan Scavino, and Pentagon Chief of Staff Kash Patel.
After Trump issued his demand, Bannon’s lawyer announced that he would not obey the subpoena until the panel reached an agreement with Trump or a court ruled on the executive privilege matter.
Many legal experts have questioned whether Bannon, who left the White House in 2017, can claim executive privilege for something that happened when he was not working for the executive.
Panel Intensifies Compliance Efforts
The Thursday decision from the committee is significant because it will likely set up a legal battle and test how much authority the committee can and will exercise in requiring compliance.
It also sets an important precedent for those who have been subpoenaed. While Bannon is the first former official to openly defy the committee, there have been reports that others plan to do the same.
The panel previously said Patel and Meadows were “engaging” with investigators, but on Thursday, several outlets reported that the two — who were supposed to appear before the body on Thursday and Friday respectively — are now expected to be given an extension or continuance.
Sources told reporters that Scavino, who was also asked to testify Friday, has had his deposition postponed because service of his subpoena was delayed.
As far as what happens next for Bannon, the committee will vote to adopt the contempt report next week. Once that is complete, the matter will go before the House for a full vote.
Assuming the Democratic-held House approves the contempt charge, it will then get referred to the U.S. Attorney for the District of Columbia to bring the matter before a grand jury.
See what others are saying: (CNN) (The Washington Post) (Bloomberg)
Senate Votes To Extend Debt Ceiling Until December
The move adds another deadline to Dec. 3, which is also when the federal government is set to shut down unless Congress approves new spending.
Debt Ceiling Raised Temporarily
The Senate voted on Thursday to extend the debt ceiling until December, temporarily averting a fiscal catastrophe.
The move, which followed weeks of stalemate due to Republican objections, came after Senate Minority Leader Mitch McConnell (R-Ky.) partially backed down from his blockade and offered a short-term proposal.
After much whipping of votes, 11 Republicans joined Democrats to break the legislative filibuster and move to final approval of the measure. The bill ultimately passed in a vote of 50-48 without any Republican support.
The legislation will now head to the House, where Majority Leader Steny Hoyer (D-Md.) said members would be called back from their current recess for a vote on Tuesday.
The White House said President Joe Biden would sign the measure, but urged Congress to pass a longer extension.
“We cannot allow partisan politics to hold our economy hostage, and we can’t allow the routine process of paying our bills to turn into a confidence-shaking political showdown every two years or every two months,’’ White House Press Secretary Jen Psaki said in a statement.
Under the current bill, the nation’s borrowing limit will be increased by $480 billion, which the Treasury Department said will cover federal borrowing until around Dec. 3.
The agency had previously warned that it would run out of money by Oct. 18 if Congress failed to act. Such a move would have a chilling impact on the economy, forcing the U.S. to default on its debts and potentially plunging the country into a recession.
Major Hurdles Remain
While the legislation extending the ceiling will certainly offer temporary relief, it sets up another perilous deadline for the first Friday in December, when government funding is also set to expire if Congress does not approve another spending bill.
Regardless of the new deadline, many of the same hurdles lawmakers faced the first time around remain.
Democrats are still struggling to hammer out the final details of Biden’s $3.5 trillion spending agenda, which Republicans have strongly opposed.
Notably, Democratic leaders previously said they could pass the bill through budget reconciliation, which would allow them to approve the measure with 50 votes and no Republican support.
Such a move would require all 50 Senators, but intraparty disputes remain over objections brought by Joe Manchin (D-W.V.) and Kyrsten Sinema (D-Az.), who have been stalling the process for months.
Although disagreements over reconciliation are ongoing among Democrats, McConnell has insisted the party use the obscure procedural process to raise the debt limit. Democrats, however, have balked at the idea, arguing that tying the debt ceiling to reconciliation would set a dangerous precedent.
Despite Republican efforts to connect the limit to Biden’s economic agenda, raising the ceiling is not the same as adopting new spending. Rather, the limit is increased to pay off spending that has already been authorized by previous sessions of Congress and past administrations.
In fact, much of the current debt stems from policies passed by Republicans during the Trump administration, including the 2017 tax overhaul.
As a result, while Democrats have signaled they may make concessions to Manchin and Sinema, they strongly believe that Republicans must join them to increase the debt ceiling to fund projects their party supported.
It is currently unclear when or how the ongoing stalemate will be resolved, or how either party will overcome their fervent objections.
See what others are saying: (The New York Times) (NPR) (The Washington Post)
California Makes Universal Voting by Mail Permanent
California is now the eighth state to make universal mail-in ballots permanent after it temporarily adopted the policy for elections held amid the COVID-19 pandemic.
CA Approves Universal Voting by Mail
California Gov. Gavin Newsom (D) signed a bill Monday requiring every registered voter in the state to be mailed a ballot at least 29 days before an election, whether they request it or not.
Assembly Bill 37 makes permanent a practice that was temporarily adopted for elections during the COVID-19 pandemic. The law, which officially takes effect in January, also extends the time mail ballots have to arrive at elections offices from three days to seven days after an election. Voters can still choose to cast their vote in person if they prefer.
Supporters of the policy have cheered the move, arguing that proactively sending ballots to registered voters increases turnout.
“Data shows that sending everyone a ballot in the mail provides voters access. And when voters get ballots in the mail, they vote,” the bill’s author, Assemblyman Marc Berman (D-Palo Alto), said during a Senate committee hearing in July.
Meanwhile opponents — mostly Republicans — have long cast doubts about the safety of mail-in voting, despite a lack of evidence to support their claims that it leads to widespread voter fraud. That strategy, however, has also faced notable pushback from some that a lot of Republicans who say it can actually hurt GOP turnout.
Others May Follow
The new legislation probably isn’t too surprising for California, where over 50% of votes cast in general elections have been through mail ballots since 2012, according to The Sacramento Bee. Now, many believe California will be followed by similar legislation from Democrats across the country as more Republican leaders move forward with elections bills that significantly limit voting access.
Newsome signed 10 other measures Monday changing election and campaign procedures, including a bill that would require anyone advocating for or against a candidate to stand farther away from a polling place. Another bill increases penalties for candidates who use campaign funds for personal expenses while a third measure increases reporting requirements for limited liability corporations that engage in campaign activity.
“As states across our country continue to enact undemocratic voter suppression laws, California is increasing voter access, expanding voting options and bolstering elections integrity and transparency,” Newsom said in a statement.
“Last year we took unprecedented steps to ensure all voters had the opportunity to cast a ballot during the pandemic and today we are making those measures permanent after record-breaking participation in the 2020 presidential election.”
The news regarding California came just in time for National Voter Registration day today, giving Americans another reminder to make sure they’re registered in their states. For more information on how to register, visit Vote.gov or any of the other resources linked below.