North America
border

Judge blocks Trump border wall funding plans

A judge for the US District Court for the Western District of Texas issued a preliminary injunction against President Donald Trump’s proposed plan for funding the border wall, finding that it exceeds executive branch authority under the Appropriations Act. Trump issued a proclamation in February declaring a national emergency on the southern border of the US, as both a humanitarian and security crisis. El Paso County, Tex., and the Border Network for Human Rights sued to challenge the proclamation. Going further than previous rulings against the border wall plans, Judge David Briones specifically declared Trump’s emergency proclamation to be “unlawful.” (Photo: WikiImages via Jurist)

North America

SCOTUS allows enforcement of Trump asylum ban

The US Supreme Court allowed enforcement of a policy that would deny asylum to Central American migrants who pass through another country en route to the US and fail to make a claim for protection there. US District Judge Jon Tigar blocked the new rule in July by issuing a nationwide injunction. The Ninth Circuit Court of Appeals later scaled back the order so that it only pertained to Ninth Circuit states, which include California and Arizona. In response to Judge Tigar’s attempt to return his order to its original scope, the Trump administration requested a stay on the injunction. The Supreme Court’s decision to grant the stay authorizes the administration to proceed with nationwide implementation of the policy even though it is still being challenged in the lower courts. (Photo: Wikimedia Commons)

North America

Judge rules Trump asylum ban illegal

A judge for the US District Court for the District of Columbia ruled against the Trump administration’s ban on asylum requests for people who illegally cross the border. The administration issued the rule in late 2018, prohibiting migrants from applying for asylum except at legal ports of entry. The plaintiffs sought summary judgment to have this rule declared illegal under the Immigration & Nationality Act. Judge Randolph Moss agreed, writing: “[A]liens have a statutory right to seek asylum regardless of whether they enter the United States at a designated port of entry, and defendants may not extinguish that statutory right by regulation or proclamation.” (Photo: Wikimedia Commons)

North America

SCOTUS overturns injunction on border wall funds

The Supreme Court reversed a lower court decision that blocked President Trump from using $2.5 billion from military accounts to build a portion of his pledged border wall. The order lifts an injunction from a federal judge in a case brought by the Sierra Club and the Southern Border Communities Coalition challenging Trump’s February declaration of a national emergency to access more than $8 billion to build the wall. The Ninth Circuit Court of Appeals earlier this month declined to lift that injunction. The Supreme Court’s conservative majority found that the administration had “made a sufficient showing at this stage” that the challengers do not have standing to block the diversion of the funds. (Photo via Jurist)

North America

Judge blocks indefinite detention of asylum seekers

A US district court judge ruled that the Department of Homeland Security cannot hold migrants seeking asylum indefinitely as was ordered by Attorney General William Barr. Judge Marsha Pechman in Seattle held that the section of the Immigration and Nationality Act cited by Barr violates the US Constitution. Pechman stated that the plaintiffs in the case have established that asylum seekers have “a constitutionally protected interest in their liberty” and a “right to due process, which includes a hearing.” (Photo of Homeland Security’s Otay Mesa Detention Center from BBC World Service via Flickr)

Central America

Central America climate crisis fuels migration

Commentators have noted the roots of the current massive migration from Central America in the political economy of the free trade order. The US-led repression and counter-insurgency in the isthmus in the 1980s allowed the imposition of “free trade” or “neoliberal” regimes in the generation since then—culminating in the passage of CAFTA. This, in turn, has exacerbated the expropriation from the peasantry of their traditional lands by agribusiness and agro-export oligarchies. But this dynamic is now being augmented by factors related to political ecology—the degradation of the land itself due to climate destabilization. (Photo: IOM)

Mexico

Mexico: new security force to Guatemalan border

The first mission of the new security force created by Mexican President Andres Manuel Lopez Obrador will be blocking migrants on the Guatemalan border, evidently part of a deal struck with the Trump administration. Mexico has pledged to deploy up to 6,000 National Guard troops to its southern border in an effort to avoid Trump’s threatened tariff on all exports to the United States. The deal was announced as Foreign Secretary Marcelo Ebrard is leading a Mexican delegation in talks with White House officials in Washington. Mexican officials said that 10 National Guard contingents of 450 to 600 troops each will be assigned to the border with Guatemala by September. The deployment would represent a fourfold increase on the 1,500 federal troops currently patrolling the border. A further three units will be deployed to the Isthmus of Tehuantepec in southern Mexico, to set up roadblocks and checkpoints to stop the movement of migrants. (Photo: Mexico News Daily)

North America

Judge blocks emergency funding for Trump’s wall

A federal judge blocked construction of Donald Trump’s border wall, ruling that Trump cannot use a “national emergency” to take money from government agencies for the barrier. Judge Haywood Gilliam of the US District Court for Northern California ruled that the diversion of the money likely oversteps a president’s statutory authority. The injunction specifically limits wall construction projects in El Paso, Tex., and Yuma, Ariz. (Photo via Jurist)

North America

Legal challenge to Trump emergency declaration

A 16-state coalition filed a lawsuit against the Trump administration, requesting the court to issue a judicial determination that Trump’s national emergency declaration over the southern border wall is unconstitutional. California Attorney General Xavier Becerra announced the lawsuit, stating: “Unlawful southern border entries are at their lowest point in 20 years, immigrants are less likely than native-born citizens to commit crimes, and illegal drugs are more likely to come through official ports of entry. There is no credible evidence to suggest that a border wall would decrease crime rates.” (Photo via Jurist)

North America

Trump declares state of emergency for border wall

President Donald Trump announced a state of emergency to obtain $8 billion for a border wall between the US and Mexico. A significant amount of the funds are expected to be from the Department of Defense budget, but Trump was not clear regarding funding or spending plans. Legal challenges are expected to be filed soon regarding the reach of national emergency powers under a 1975 law that has been invoked 58 times. (Photo via Jurist)

North America

ICE condemned for force-feeding detainees

Human Rights Watch condemned US Immigration and Customs Enforcement (ICE) for force-feeding detained migrants. Detained men at the agency's El Paso Processing Center have been participating in a hunger strike since early January. ICE officials said that 11 men are striking, but AP reports the number may be closer to 30. In mid-January a federal judge authorized ICE to force-feed six of the protesters. The detained men have been protesting "rampant verbal abuse and threats of deportation from guards" and long detentions while awaiting a hearing. Most of the hunger strikers are from India or Cuba. (Photo: Hetsumani/Pixabay)

North America

Demand investigation into death of migrant child

UN Special Rapporteur of the human rights of migrants Felipe González Morales called for an independent investigation into the death of Jakelin Ameí Caal, a Guatemalan migrant child who died while in US Customs and Border Protection. Jakelin was in custody, along with her family and other migrants, after crossing the Mexico border. The factual causes leading up to her death are currently disputed. In the report, Morales stresses the importance of finding out what happened to Jakelin, stating that "if any officials are found responsible they should be held accountable." (Photo via Jurist)