politics of immigration
Judge Victoria Roberts of the US District Court for the Eastern District of Michigan ruled July 9 that a lawsuit by the Arab American Civil Rights League against the Trump administration's Proclamation No. 9645, the third iteration of his "travel ban," which restricts travel from seven countries, can move forward. The Proclamation states that, after consultation with the Director of Homeland Security and the Attorney General, and based on their assessment of threats against the United States from nationals traveling from the seven enumerated countries, "entry should be subject to certain restrictions, limitations, and exceptions." The administration sought to have the lawsuit dismissed based on the Supreme Court's ruling in Trump v. Hawaii, in which the court held that under §1182(f) of the Immigration and Nationality Act, the president is granted broad discretion to lawfully decide "whether and when to suspend entry, whose entry to suspend, for how long, and on what conditions." Roberts held in the present case that, "although the Proclamation is facially neutral, its impact falls predominantly on Muslims."
A US district court judge ruled on July 1 that the Department of Homeland Security cannot hold migrants seeking asylum indefinitely as was previously ordered by Attorney General William Barr. Judge Marsha Pechman, of the Western District of Washington in Seattle, held that section 235(b)(1)(B)(ii) of the Immigration and Nationality Act, which prohibits releasing on bond persons who have been found to have a credible fear of persecution in their home country, violates the US Constitution. Pechman's decision stated that the plaintiffs in the case, Padilla vs ICE, have established that asylum seekers have "a constitutionally protected interest in their liberty" and a "right to due process, which includes a hearing."
UN Secretary General Antonio Guterres is calling for an independent investigation of the "outrageous" bombing of a migrant detention center at Tajoura, outside Libya's capital Tripoli July 2. The attack killed at least 44 migrants and refugees, including women and children, and injured more than 130. Guterres noted that the UN had given its exact coordinates to the warring parties in the ongoing Libyan conflict. This was also emphasized by the United Nations refugee agency, UNHCR, which said in a statement: "Coordinates of such centres in Tripoli are well known to combatants, who also know those detained at Tajoura are civilians." UN High Commissioner for Human Rights, Michelle Bachelet said, with requisite caution: "This attack may, depending on the precise circumstances, amount to a war crime."
Recent headlines from Central America shed light on the migrant exodus from the isthmus that has now sparked a political crisis in the United States. The ongoing protests against neoliberal "reform" in Honduras saw a frightening escalation June 25 as military police opened fire on students demonstrators at the National Autonomous University in Tegucigalpa, injuring at least four. President Juan Orlando Hernández has deployed the army and military police across the country after clashes left three dead last week. (BBC News, La Prensa, June 25) In a hopeful sign a few days earlier, riot police stood down in Tegucigalpa, returning to their barracks and allowing protesters to block traffic and occupy main streets. Troops of the National Directorate of Special Forces said they will not carry out anti-riot operations if they do not receive better benefits. (Reuters, June 19)
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 Washington Post reports. 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.
Thousands of displaced residents of Idlib province in northwest Syria—under a Russian-backed bombardment by the Assad regime, which has killed about 300 over the past month and displaced more than 300,000—marched on the sealed Turkish border on May 31, demanding entry or international action to stop the bombing. With more than 3.6 million refugees already in Turkey, Ankara's authorities have blocked any further entries since 2016. But the regime bombing campaign, and accompanying a ground offensive that has shattered a so-called "demilitarized zone," now threatens a "humanitarian catastrophe," in the words of the United Nations. Abou al-Nour, an administrator at the overcrowded Atmeh camp, told Reuters that more than 20,000 families are now sleeping in an olive grove near the border. "They don't have any shelter or water, and this is beyond our abilities. We are doing all we can," he said. (EA Worldview) A video posted to YouTube showed protesters rallying at the border wall with the Free Syria flag, and signs assailing the international community for its inaction. One spokesman said, "These civilians came here today to tell the world, if you cannot save us, we will break the border and come to Europe to find a safer place to live."
A federal judge on May 24 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, largely from the US military, likely oversteps a president's statutory authority. The injunction specifically limits wall construction projects in El Paso, Tex., and Yuma, Ariz. Gilliam quoted Mick Mulvaney, the acting White House chief of staff, who said in a TV interview the wall "is going to get built, with or without Congress." The judge said presidential action "without Congress," when legislators refuse a funding request from the White House, "does not square with fundamental separation of powers principles dating back to the earliest days of our Republic."
A UN report released March 21 described the ill-treatment of migrants and refugees in Libya, including rape and torture by smugglers, traffickers, Libyan officials and armed groups. UN Assistant Secretary-General for Human Rights Andrew Gilmour presented the report by the High Commissioner on Afghanistan and Libya. Gilmour said that evidence of systematic rape and torture of men, women and children in detention centers were the most harrowing accounts of human rights violations he has ever heard. Migrants and refugees freed from detention in Libya testified about the extortion technique whereby the perpetrators force them to call their families, who will hear the screams until they pay a ransom.