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."
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."
In Episode 30 of the CounterVortex podcast, Bill Weinberg decries the unseemly gloating from the (totally predictable) Glen Greenwald, Matt Taibbi and their ilk over the Mueller Report's supposed (not actual) exoneration of Donald Trump. The report actually backs up the 2016 findings of the intelligence community that there was Russian meddling in the eleciton. There have been over 100 indictments issued by Mueller's team, including for lying to Congress about meetings between Trump representatives and Russians. Meanwhile, the results of several other invesitgations and legal cases against Trump and his team remain pending. Yet paradoxical pro-Trump "leftists" ignore all this and echo the intepretation of the Mueller Report put forth by Attorney General William Barr—who was appointed by Trump precisely to protect his ass. Repudiating this Red-Brown pseudo-left jive that abets Trump's lies, Weinberg joins with the ACLU and Robert Reich in calling for the complete and unredacted release of the Mueller Report. And hopefully using its contents to build a mass militant movement such as was seen in South Korea in 2016, to demand the impeachment of the president—or even nullification of the tainted election that brought him to power. Listen on SoundCloud, and support our podcast via Patreon.
In Episode 29 of the CounterVortex podcast, Bill Weinberg advances a progressive and anti-Zionist critique of Rep Ilhan Omar's controversial comments, which have posed the problem of US support for Israel in terms of "allegiance to a foreign country"—the nationalist and xenophobic language of our enemies. As a Somali-American woman in a hijab, Omar is ultimately legitimizing reactionary forces that threaten her with the use of such nationalist rhetoric. As the massacres of Christchurch and Pittsburgh all too clearly demonstrate, Islamophobia and anti-Semitism are fundamentally unified concerns—and the way Jews and Muslims have been pitted against each other by the propaganda system is part of the pathology. Contrary to the canard of "dual loyalty," Weinberg declares himself a "zero-loyalist," repudiating both Zionism and America-first nationalism, calling for an anti-Zionism based on solidarity with the Palestinians, not "allegiance" to the imperial state. Listen on SoundCloud, and support our podcast via Patreon.
A 16-state coalition filed a lawsuit against President Donald Trump's administration on Feb. 18, 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."
President Donald Trump on Feb. 15 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 come from the Department of Defense budget, but Trump was not clear regarding funding or spending plans. The declaration was announced in a statement to the press that included information about trade negotiations with China and various other unrelated concerns. Trump gave this speech moments after he signed a spending bill passed by Congress, which prevents another government shutdown. The bill included about $1.4 billion in funding to assist with border security, which is far lower than the $5.7 billion demanded by Trump for his wall during the government shutdown.
Human Rights Watch (HRW) on Feb. 1 condemned US Immigration and Customs Enforcement (ICE) for force-feeding detained migrants. According to a report from the Associated Press, 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 order for ICE to consider detainees to be a hunger strikers, they must miss nine consecutive meals. In mid-January a federal judge authorized ICE to force-feed six of the protesters. An ICE official told AP that it is "exceedingly rare" for a judge to authorize force-feeding. 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.