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      Arizona to remove wall of shipping containers on Mexico border

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      Arizona to remove wall of shipping containers on Mexico borderState to dismantle wall following lawsuit filed by US government alleging it was illegally built on federal lands Arizona will remove a wall of shipping containers along the state’s 370-mile border with Mexico following a lawsuit filed by the US government against the state that claimed that the makeshift wall is being illegally built on federal lands.Arizona governor builds border wall of shipping crates in final days of officeRead moreAccording to an agreement reached late Wednesday between federal and state authorities, Arizona will dismantle the wall, along with all related equipment by the beginning of next year.“By January 4, 2023, to the extent feasible and so as not to cause damage to United States’ lands, properties, and natural resources, Arizona will remove all previously installed shipping containers and associated equipment, materials, vehicles,” said the agreement.In August, Arizona’s Republican governor, Doug Ducey, signed an executive order that directed a state agency to close the gaps in the border, saying: “Arizona has had enough … The Biden administration’s lack of urgency on border security is a dereliction of duty.”“Our border communities are being used as the entryway to the United States, overwhelming law enforcement, hospitals, nonprofits and residents. It’s our responsibility to protect our citizens and law enforcement from this unprecedented crisis,” he added.Wednesday’s agreement comes two weeks before Arizona’s Democratic governor-elect, Katie Hobbs, is scheduled to take office. Hobbs has criticized the wall’s construction, saying: “I am very concerned about the liability to the state of Arizona for those shipping containers that they’re putting on federal land. There’s pictures of people climbing on top of them. I think that’s a huge liability and risk.”‘No money, nowhere to stay’: asylum seekers wait as Trump’s border restrictions drag onRead moreLast week, the federal government filed a lawsuit against Ducey and the rest of the state, requesting for the removal of the containers in remote San Rafael valley in the state’s easternmost Cochise county.“Officials from Reclamation and the Forest Service have notified Arizona that it is trespassing on federal lands,” said the complaint, adding, “This action also seeks damages for Arizona’s trespasses, to compensate the United States for any actions it needs to take to undo Arizona’s actions and to remediate – to the extent possible – any injuries to the United States’ properties and interests.”The complaint, filed by the justice department on behalf of the Bureau of Reclamation, Department of Agriculture and the Forest Services, went on to cite the federal government’s operational and environmental concerns towards the makeshift wall. The $95m project of placing up to 3,000 containers along the border is approximately a third complete.The US agriculture secretary, Tom Vilsack, criticized the project, saying that it “is not an effective barrier, it poses safety hazards to both the public and those working in the area and has significantly damaged public land”.“We need serious solutions at our border, with input from local leaders and communities. Stacking shipping containers is not a productive solution,” he added.In a statement released on Thursday and reported by CNN, Ducey spokesperson CJ Karamargin said: “Finally, after the situation on our border has turned into a full blown crisis, they’ve decided to act. Better late than never. We’re working with the federal government to ensure they can begin construction of this barrier with the urgency this problem demands.”TopicsArizonaUS-Mexico borderUS immigrationUS domestic policyUS politicsBiden administrationRepublicansnewsReuse this content More

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      Senate passes $1.7tn funding bill to avert US government shutdown

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      Senate passes $1.7tn funding bill to avert US government shutdownBill includes $45bn in military aid to Ukraine after lawmakers reached agreement on a final series of votes The US Senate on Thursday passed a $1.7tn government spending bill, sending it to the House to approve and send to Joe Biden for his signature, averting a partial government shutdown.‘No money, nowhere to stay’: asylum seekers wait as Trump’s border restrictions drag onRead moreThe legislation provides funding through 30 September 2023, for the US military and an array of non-military programs.The legislation provides Ukraine with $44.9bn in wartime aid and bans the use of Chinese-owned social media app TikTok on federal government devices.Progress on the bill slowed after the conservative Republican Mike Lee introduced an amendment meant to slow immigration. That prompted Democrats to put forward a competing amendment that would boost funding for law enforcement agencies on the border. Both amendments failed, which allowed lawmakers to move forward.The massive bill includes about $772.5bn for non-defense programs and $858bn for defense. Lawmakers raced to get it approved, many anxious to complete the task before a deep freeze could leave them stranded in Washington for the holidays. Many also wanted to lock in funding before a new Republican-controlled House makes it harder to find compromise.On Wednesday night, senators heard from the Ukrainian president Volodymyr Zelenskiy, about the importance of US aid for the war with Russia.“Your money is not charity. It’s an investment in the global security and democracy that we handle in the most responsible way,” Zelenskiy said.The funding measure includes emergency assistance to Ukraine and Nato allies above Joe Biden’s request.The Democratic majority leader, Chuck Schumer, said the worst thing Congress could do was give the Russian president, Vladimir Putin, any signal the US was wavering in its commitment to Ukraine. He also said he met Zelenskiy.“He made it clear that without this aid package, the Ukrainians will be in real trouble and could even lose the war,” Schumer said. “So that makes the urgency of getting this legislation done all the more important.”But when lawmakers left the chamber, prospects for a quick vote looked glum. Chris Coons, a Delaware Democrat, said the funding bill was “hanging by a thread”.Republicans were looking to ensure a vote on a proposed amendment from Lee, of Utah, seeking to extend coronavirus pandemic-era restrictions on asylum seekers at the US-Mexico border, known as Title 42. Passage of the amendment would have doomed the bill in the Democratic-held House.“Senator Schumer doesn’t want to have a vote on Title 42 because he presumably knows it will pass,” said Mitt Romney, the other Utah Republican. But the House won’t go along in that case, he added, in which case “everything falls apart”.Lee told Fox News: “I insisted that we have at least one amendment, up-or-down vote, on whether to preserve Title 42. Because Title 42 is the one thing standing between us and utter chaos [at the border]. We already have mostly chaos. This would bring us to utter chaos if it expires, which it’s about to.”The spending bill was supported by Schumer and the Republican leader, Mitch McConnell, for different reasons.McConnell cited the bill’s 10% boost in defense spending but faced pushback from Republicans resenting being forced to vote on such a massive package with so little time before a shutdown and Christmas. It was expected, however, that enough Republicans agreed with McConnell that the bill would reach 60 votes.Schumer touted the bill as a win on the domestic front, saying: “Kids, parents, veterans, nurses, workers: these are just a few of the beneficiaries of our bipartisan funding package, so there is every reason in the world for the Senate to finish its work as soon as possible.”Lawmakers worked to stuff priorities into the package, which ran to 4,155 pages. It included $27bn in disaster funding and an overhaul of federal election law to prevent presidents or candidates trying to overturn an election. The bipartisan overhaul was a response to Donald Trump’s efforts to convince Republicans to object to Biden’s victory.Hunter Biden hires Jared Kushner lawyer to face Republican investigatorsRead moreThe bill also contained policy changes lawmakers worked to include, to avoid having to start over in the new Congress next year. Examples included the provision from Josh Hawley, a Missouri Republican, to ban TikTok on government cellphones. A provision supported by Maine would aid the state’s lobster and Jonah crab fisheries, delaying regulations to help save North Atlantic right whales.On the healthcare front, the bill requires states to keep children enrolled in Medicaid on coverage for at least a year. Millions could still start to lose coverage on 1 April because the bill sunsets a requirement of the Covid-19 emergency that prohibited kicking people off Medicaid.The bill also provides roughly $15.3bn for more than 7,200 projects lawmakers sought for their states. Fiscal conservatives criticize such spending as unnecessary.The Senate appropriations committee chairman, Patrick Leahy, a Democrat retiring after nearly five decades in the chamber, praised bipartisan support for the measure following months of negotiations.His Republican counterpart, Richard Shelby, who also is retiring, said of the 4,155-page bill: “It’s got a lot of stuff in it. A lot of good stuff.”House Republicans, including Kevin McCarthy, probably the next speaker, had asked colleagues in the Senate to support only a short-term extension. A notice sent by leadership to House members urged them to vote against the measure.TopicsUS CongressUS SenateUS politicsUS domestic policyUS foreign policyUS militaryUS healthcarenewsReuse this content More

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      Arizona governor builds border wall of shipping crates in final days of office

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      Arizona governor builds border wall of shipping crates in final days of office Critics say Republican Doug Ducey’s scheme is illegal because makeshift barrier is being erected on tribal and federal landA makeshift new barrier built with shipping containers is being illegally erected along part of the US-Mexico border by Arizona’s Republican governor – before he has to hand over the keys of his office to his Democratic successor in January.Doug Ducey is driving a project that is placing double-stacked old shipping containers through several miles of national forest, attempting to fill gaps in Donald Trump’s intermittent border fencing.The rusting hulks, topped with razor wire and with bits of metal jammed into gaps, stretch for more than three miles through Coronado national forest land, south of Tucson, and the governor has announced plans to extend that up to 10 miles, at a cost of $95m (£78m).Ducey’s shipping container wall on the AZ-MX border is worse than I imagined. I went down yesterday to see it myself for a Border Chronicle story. Imagine 10 miles of this through a national wildlife forest. This is happening right now👇👇 pic.twitter.com/mqCjVo59iA— Melissa del Bosque (@MelissaLaLinea) November 30, 2022
      The area, with mountain ranges rising abruptly from the desert and a diverse environment of plants and animals, is federal land maintained by the US Forest Service.Ducey had first experimented with a smattering of shipping containers in August in Yuma, in the south-west corner of the state, bordering California and Mexico, aiming to stop migrants and asylum seekers.Since Donald Trump implemented the Title 42 rule in 2020 when he was president, which closed ports of entry to most seeking asylum in the US, people have sought gaps in barriers elsewhere in order to request asylum from border agents. The rule appears still to be on track to end later this month although a long legal battle is taking place.Ducey issued an executive order in August to erect old shipping containers near Yuma, and 11 days later workers had installed 130 of what he described as “22ft-high, double stacked, state-owned, 8,800lb, 9x40ft containers, linked together and welded shut”.In October, Ducey filed a lawsuit in which he claimed that the federal land along the border known as the Roosevelt Reservation actually belongs to the state, not the US government, and that Arizona has the constitutional right to protect itself against what he termed an invasion, citing “countless migrants” resulting in “a mix of drug, crime and humanitarian issues”.US attorneys issued a withering response, refuting the claims.The US Bureau of Reclamation and the Cocopah tribal nation said that Ducey was violating federal law by placing the containers on federal and tribal land there. In a letter, the bureau demanded that the state remove the containers. But the state has not, and has since been emboldened to embark on the larger project now proceeding apace more than 300 miles to the east.The Cochise county sheriff, Mark Dannels, supports the new series of shipping containers being placed in his county, hoping “it will deter crime and stop criminal behavior”.But as the line of metal boxes snakes west towards adjacent Santa Cruz county, the sheriff there, David Hathaway, told the Nogales International newspaper that if anyone tries to put the containers in his jurisdiction they will be arrested for illegal dumping.Dinah Bear, an attorney and former general counsel for the council on environmental quality within the executive office of the White House said Ducey’s lawsuit was “shockingly bad” and “frivolous”.“There’s just no question that this is federal property,” she added, as well as being public land, meaning “there’s no legal difference between the land they’re putting the shipping containers on and Grand Canyon national park.”To block the project, she said US Forest Service agents “would definitely want a court order from a judge … They’re not going to go down to the border and have a shootout with state police or arrest the governor at the [state] capitol.”Federal judge David Campbell, based in Phoenix, is presiding over the case, but no hearing has been called yet.“The clock is ticking,” Bear said, with courts backed up and the holidays approaching.The incoming Arizona governor, Democrat Katie Hobbs, who will assume office on 2 January after beating Republican candidate Kari Lake in the midterm elections, has said she will remove the containers.Bear predicts Campbell will order the removal.But before that happens, they are being laid down by a contractor called AshBritt, a Florida-based disaster remediation firm. A local media investigation found that Ducey’s announced $6m cost for the Yuma barriers had actually cost $13m.Daily protests by locals alarmed at the project have slowed what was breakneck-speed installation, but not managed to halt it.Meanwhile, Mark Ruggiero, the former Sierra Vista district ranger for the US Forest Service in Cochise county, said the shipping containers are a hazard that jeopardize a binational firefighting agreement with Mexico.“I was shocked to see this barrier going in,” he said. “It’s an illegal action on public land.”As a barrier for humans, the double-stacked boxes are not much of an obstacle, but they are an existential threat to endangered migratory species, especially jaguars and ocelots, as well as being an eyesore. Emily Burns, program director for Sky Island Alliance, a binational conservation nonprofit that tracks wildlife in the Coronado national forest said: “There was no environmental review or planning or mitigation that was done.”The Center for Biological Diversity was allowed to join the federal government as a defendant in Ducey’s lawsuit and has slammed the barrier as damaging and a political stunt.Meanwhile, Burns noted that her organization has 70 wildlife cameras in this stretch of border and they rarely see migrants crossing there.TopicsArizonaUS-Mexico borderUS immigrationRepublicansUS politicsnewsReuse this content More

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      US immigration laws should be enforced with discretion. That’s common sense | Robert Reich

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      US immigration laws should be enforced with discretion. That’s common senseRobert ReichBiden ordered officials to focus on deporting immigrants convicted of felonies, rather than undocumented people en masse. I applaud that decision Texas has sued the Biden administration over its order to immigration agents to prioritize undocumented immigrants convicted of felonies rather than deport all undocumented immigrants.Texas argues that federal immigration law requires the government to deport every undocumented immigrant. The Biden administration says it doesn’t have the resources to deport the country’s estimated 11 million undocumented immigrants, so it must develop priorities.The Crypto Crash: all Ponzi schemes topple eventually | Robert ReichRead moreThe controversy reminds me of something that happened 30 years ago.Child labor laws bar 14-year-olds from working past 7pm on school nights. Weeks before I became the US secretary of labor, in 1992, a vigilant labor department investigator discovered that the Savannah Cardinals, a Class A farm team of the Atlanta Braves, had hired 14-year-old Tommy McCoy to be their batboy. On balmy evenings extending beyond sunset, Tommy selected each player’s favorite bat and proudly delivered it to him in the batter’s box. Next morning, Tommy went to school.The investigator threatened the team with a stiff fine. The team did what it had to do: it fired little Tommy.Tommy liked being a batboy. His parents were proud of their son. The team was fond of him. The fans loved him. As long as anyone could remember, every kid in Savannah had coveted the job. Tommy did well in school.But now little Tommy was out of a job.Well, you can imagine the furor. It seemed as if the whole city of Savannah was up in arms. The Cardinals were staging a “Save Tommy’s Job Night” rally, featuring balloons, buttons, placards and a petition signed by the fans demanding that Tommy be rehired.ABC News was doing a story on the controversy, which is how I first heard about it. ABC wanted me to do an on-camera interview that evening, explaining why Tommy couldn’t be a batboy.What was I to do? ABC couldn’t wait to show America the stupidity of the government (and its new secretary of labor).The labor department’s chief inspectors, sitting around a large round table in my office, didn’t want me to back down. After all, they said, the law was clear: Children under 14 could not work past 7pm on school nights. Besides, child labor was a serious problem. Children were getting injured working long hours.“If you back down, it will look like you’re caving in to public opinion,” one of the chief inspectors told me.“But,” I asked, “isn’t it the public whom we’re here to serve?”“The Savannah team broke the law and it was our responsibility to enforce the law.”“But who says the law has to be enforced this way?” I asked. “Don’t we have some discretion over how we enforce the law? We have only a limited number of inspectors. Shouldn’t we have priorities? I can understand hitting a building contractor who’s hiring kids to put on roofing, but why are we going after batboys and girls?”They warned me that if I didn’t support the department’s investigators, the staff would become demoralized.“Good! If they become demoralized and stop enforcing the law nonsensically, so much the better,” I said.They warned that if I backed down, the labor department would lose credibility.“We’ll lose even more credibility if we stick with this outrageous decision,” I said.They said there was nothing we could do. The law was the law.“Nonsense,” I said. “We can change the regulation to make an exception for kids at sporting events.”But that would invite all sorts of abuses, they argued. Vendors would exploit young kids on school nights to sell peanuts and popcorn, stadiums would hire young children to clean the locker rooms, parking lots would use children to collect money.“OK,” I said, “so we draw the exemption tighter, and limit it to batboys and batgirls.”I was getting nowhere. In minutes I’d have to appear on World News Tonight and defend the indefensible.Then it hit me, like a fastball slamming into my thick head: I was secretary of labor. I could decide this by myself.“I’ve heard enough,” I said, standing.I turned to my assistant, “We’re going to tell the Savannah team they can keep Tommy. We’ll change the regulation to allow batboys and girls. Put out a press release right now. Call the producers for World News Tonight and tell them I’ve decided to let Tommy keep his batboy job. Tell them our investigator was way off base!”“But World News Tonight is already on the air!” my assistant said.“Call them now!”I turned on the TV in the corner of my office. Peter Jennings was reading the news from his monitor. Within moments he said:The United States Department of Labor has decided that a 14-year-old named Tommy McCoy cannot serve as batboy for the Atlanta Braves farm team in Savannah, Georgia. The decision has provoked outrage from the fans. Here’s more from …As he turned it over to ABC’s Atlanta correspondent, Jennings appeared to be smirking.I was dead, politically.I looked around the table at the inspectors. Did they understand that in 7m living rooms across America people were now saying to each other “How dumb can government get?”After two excruciating minutes during which ABC’s Atlanta correspondent detailed the story of little Tommy, it was back to Jennings:But this tale has a happy ending.My heart skipped a beat.The labor department reports that Tommy will get his job back. Secretary of Labor Robert Reich has decided that the department was – quote – off-base in invoking child labor regulations under these circumstances.I was still alive, politically.But the inspectors sitting around my table were dismayed.I tried to explain to them exactly what the Biden administration is now trying to explain to the courts and to Republicans in Congress.Laws cannot be enforced without setting priorities for enforcement. Inevitably – intentionally or unintentionally – the people in charge of enforcing laws determine which cases merit their attention and resources.So enforcers must use common sense. Prioritize targeting employers who are hiring young children and putting them in dangerous jobs over, say, a farm team hiring a kid as a batboy.Prioritize undocumented immigrants convicted of felonies over, say, a Dreamer who was brought to America as an infant and has been hardworking and law-abiding for her whole life.
      Robert Reich, a former US secretary of labor, is professor of public policy at the University of California, Berkeley, and the author of Saving Capitalism: For the Many, Not the Few and The Common Good. His new book, The System: Who Rigged It, How We Fix It, is out now. He is a Guardian US columnist. His newsletter is at robertreich.substack.com
      TopicsUS politicsOpinionUS immigrationBiden administrationJoe BidenMigrationcommentReuse this content More

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      Ice inadvertently posted personal information of 6,252 people in custody

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      Ice inadvertently posted personal information of 6,252 people in custodyWorry after agency spreadsheet was erroneously posted online ‘while performing routine updates’ and was up for about five hours US Immigration and Customs Enforcement said on Wednesday that it had inadvertently posted to its website the personal information of more than 6,000 people in its custody.The information included names, nationalities, detention centers where the people were held and unique numbers used to identify them in government records, according to Human Rights First, an advocacy group that discovered the leak on Monday.All 6,252 people whose identities were exposed had earlier expressed fear of persecution if courts denied their bids to remain in the US and were returned home, according to Human Rights First.Eleanor Acer, the group’s senior director for refugee protection, said she worried that detainees or their families might be in danger in their home countries.“In some countries people are targeted, retaliated against for seeking asylum,” the Associated Press reported Acer saying.Ice said an Excel spreadsheet was erroneously posted “while performing routine updates” and was up for about five hours. It said it deleted the information 11 minutes after being notified.“Though unintentional, this release of information is a breach of policy and the agency is investigating the incident and taking all corrective actions necessary,” Ice said in a statement.It said it would tell detainees or their attorneys of the leak, which was first reported by the Los Angeles Times.“This will allow noncitizens or their attorneys-of-record to determine whether the disclosure may impact the merits of their protection claim,” an Ice spokesperson said.The Los Angeles Times also reported that the government will notify individuals who downloaded the information that they should delete it, and that Ice is monitoring the internet for potential reposting.Diana Rashid, a managing attorney of the National Immigrant Justice Center, told the paper her organization was concerned over the disclosure of the identity of one of her clients, a Mexican woman.“We are deeply concerned about our client’s safety after Ice publicly shared this very sensitive information about her and thousands of others like her,” Rashid said.“She is seeking protection from removal because she fears persecution if returned to her country of origin. Revealing this information makes her more vulnerable to the persecution and abuses she fears if deported.”Heidi Altman, director of policy at the National Immigrant Justice Center, echoed similar sentiments, telling the paper: “The US government has a crucial obligation to hold asylum seekers’ names and information in confidence so they don’t face retaliation or further harm by the governments or individuals whose persecution they fled.“Ice’s publication of confidential data is illegal and ethically unconscionable, a mistake that must never be repeated.”TopicsUS immigrationUS-Mexico borderUS politicsnewsReuse this content More

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      Texas sends bus carrying 28 migrants, including sick child, to Philadelphia

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      Texas sends bus carrying 28 migrants, including sick child, to PhiladelphiaDehydrated 10-year-old sent to hospital after arrival, as Governor Greg Abbott sends thousands of migrants to Democratic-led areas A bus carrying 28 migrants from Texas arrived in Philadelphia on Wednesday, including a 10-year-old girl suffering from dehydration and a high fever who was taken to a hospital for treatment.Title 42: judge orders Biden to lift Trump-era immigration ruleRead moreAdvocates who welcomed the migrants with coats and blankets before dawn on a cold and drizzly morning said the families and individuals came from Colombia, the Dominican Republic and Cuba. The city and several non-profit groups were ready to provide food, temporary housing and other services.“In general, people feel relieved,” said one Philadelphia city councilmember, Helen Gym, who accompanied several of the migrants onto a second bus taking them to a site where their needs could be assessed.“We want them to know that they have a home here. There’s a 10-year-old who’s completely dehydrated. It’s one of the more inhumane aspects that they would put a child who was dehydrated with a fever now, a very high fever” on the bus, Gym said. “It’s a terrible situation.”The Texas governor, Greg Abbott, announced on Tuesday that Philadelphia would be the next destination for migrants the state is transporting by the thousands to Democratic-led areas.Advocates who greeted the group in Philadelphia, which included 21 adults, said it was not clear how long the bus journey took. One said it would typically take about 40 hours.“The important thing is they got to Philadelphia, and they were received with open arms,” said Emilio Buitrago of the non-profit Casa de Venezuela. “The kids are frightened, they’re exhausted, they’re tired. They’re going to go to a place … where they’re going to have comfy, warm beds with a blanket, and warm food. From there, we’re going to work on relocation.”Some families hope to unite with relatives or friends in other locations, Gym said.US officials stopped more than 2m illegal border crossings in the last fiscal year, a record high that reflects deteriorating economic and political conditions in some countries along with the relative strength of the US economy and uneven enforcement of Trump-era asylum restrictions.In the fiscal year that ended on 30 September, migrants at the US border were stopped 2.38m times, up 37% from 1.73m times the year before.Other buses have turned up in recent months in New York, Washington and Chicago. Texas has transported more than 13,000 migrants since April. Abbott has sent the buses to Democratic-led cities as a way to maximize exposure over what he says is inaction by the Biden administration regarding the southern border.Critics have called the buses a cruel political stunt, but last week voters rewarded Abbott with a record-tying third term as Texas governor in his race against the Democrat Beto O’Rourke. Abbott made a series of hardline immigration measures the centerpiece of his campaign.Nearly six in 10 Texas voters favored Abbott’s decision to send migrants to northern cities, according to AP VoteCast, a survey of almost 3,400 voters in the state.In a statement announcing the bus trips to Philadelphia, Abbott’s office said the Philadelphia mayor, Jim Kenney, “has long celebrated and fought for sanctuary city status, making the city an ideal addition to Texas’ list of drop-off locations”.Kenney said: “It is truly disgusting to hear today that Governor Abbott and his administration continue to implement their purposefully cruel policy using immigrant families – including women and children – as pawns to shamelessly push his warped political agenda.”Kenney said the city was working with more than a dozen local organizations to provide the migrants with shelter space, emergency health screening, food, water, language interpretation and more. Some will probably make their way to other states.Arizona and Florida have also sent migrants to northern US cities.Philadelphia has also welcomed waves of Ukrainians, Afghans and others in recent years. The people arriving from Texas are all in the US legally while they seek asylum, Kenney said.“It is our duty to welcome and support these folks as they face some of the most trying times of their lives,” the mayor said. “At its core, this is a humanitarian crisis, that started with instability and violence in South and Central America and is being accelerated by political dynamics in our own country.”TopicsUS immigrationTexasGreg AbbottUS-Mexico borderUS politicsPhiladelphianewsReuse this content More

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      Title 42: judge orders Biden to lift Trump-era immigration rule

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      Title 42: judge orders Biden to lift Trump-era immigration ruleAsylum restrictions imposed at beginning of Covid pandemic are ‘arbitrary and capricious’, US district judge says A federal judge on Tuesday ordered the Biden administration to lift Trump-era asylum restrictions that have been a cornerstone of border enforcement since the beginning of Covid.Migrants still being blocked by ‘really dangerous’ Trump-era Covid policyRead moreThe US district judge, Emmet Sullivan, ruled in Washington that enforcement must end immediately for families and single adults, calling the ban “arbitrary and capricious”. The administration has not applied it to children traveling alone.Within hours, the justice department asked the judge to let the order take effect on 21 December, giving it five weeks to prepare. Plaintiffs including the American Civil Liberties Union did not oppose the delay.“This transition period is critical to ensuring that [the Department of Homeland Security] can continue to carry out its mission to secure the nation’s borders and to conduct its border operations in an orderly fashion,” government attorneys wrote.On Wednesday, Sullivan granted the five-week delay “with great reluctance”, saying it would “enable the government to make preparations to implement” his ruling.In that 49-page ruling, Sullivan, who was appointed by Bill Clinton, said authorities failed to consider the impact on migrants and possible alternatives. The ruling appears to conflict with another in May by a federal judge in Louisiana that kept the asylum restrictions.Migrants have been expelled from the US more than 2.4m times since the rule took effect in March 2020, denying migrants rights to seek asylum under US and international law on grounds of preventing the spread of Covid. The practice was authorized under Title 42 of a broader 1944 law covering public health.Before the judge in Louisiana kept the ban in place in May, US officials said they were planning for as many as 18,000 migrants a day under the most challenging scenario, a staggering number. In May, migrants were stopped an average of 7,800 times a day, the highest of Joe Biden’s presidency.Immigration advocacy groups have pressed hard to end Title 42, but more moderate Democrats, including senators Mark Kelly of Arizona and Raphael Warnock of Georgia, wanted it to stay when the administration tried to lift it in May.On Wednesday, Vanessa Cárdenas, executive director of America’s Voice, which advocates for common-sense immigration reform, said: “Keeping Title 42 in place has perpetuated the cruel legacy of the Trump administration and made border enforcement much more difficult and chaotic.“It’s only fitting that Judge Sullivan’s important ruling came on the same day that Donald Trump announced another run for office and only a week after the American people largely rejected … Republican candidates who took an extreme position on immigration in the midterms.”Cárdenas said the Biden administration should enact “a functional, orderly and humane set of [immigration] policies that upholds and advances our values and laws”.Under Title 42, bans have fallen largely on migrants from Guatemala, Honduras and El Salvador – in addition to Mexicans – because Mexico allows them to be returned from the US. Last month, Mexico began accepting Venezuelans expelled from the US under Title 42, causing a sharp drop in Venezuelans seeking asylum at the US border.Nationalities less likely to be subject to Title 42 have become a growing presence at the border, confident they will be released in the US to pursue their immigration cases. In October, Cubans were the second-largest nationality at the border after Mexicans, followed by Venezuelans and Nicaraguans.The US homeland security department said it would use the next five weeks to “prepare for an orderly transition to new policies at the border”.“We continue to work with countries throughout the western hemisphere to take enforcement actions against the smuggling networks that entice migrants to take the dangerous and often deadly journey to our land borders and to address the root causes of irregular migration that are challenging our hemisphere as a whole,” the department said.An ACLU attorney, Lee Gelernt, said Sullivan’s decision renders the Louisiana ruling moot.“This is an enormous victory for desperate asylum seekers who have been barred from even getting a hearing because of the misuse of public laws,” Gelernt said. “This ruling hopefully puts an end to this horrendous period in US history in which we abandoned our solemn commitment to provide refuge to those facing persecution.”TopicsUS immigrationBiden administrationUS domestic policyUS politicsUS-Mexico bordernewsReuse this content More

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      ‘I decided to share my voice’: Estela Juarez on her mother, who Trump deported, and her new book

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      Interview‘I decided to share my voice’: Estela Juarez on her mother, who Trump deported, and her new bookRichard Luscombe Just nine when zero-tolerance policy saw her mother sent to Mexico, now a teen, the Floridian has written a book for childrenFew stories exposed the cruelty of Donald Trump’s zero tolerance immigration policies more than that of Estela Juarez. Just nine, she saw her mother, Alejandra, the wife of a decorated US marine, deported to Mexico, leaving her and her sister Pamela, then 16, to grow up in Florida on their own.‘It’s heartbreaking’: military family shattered as wife of decorated US marine deported to MexicoRead moreNow a teenager, Estela has written a book about her experiences, Until Someone Listens, which also chronicles her years-long effort to reunify her family.From missed birthdays and holidays, the smell of Alejandra’s flautas no longer wafting from their kitchen, to Pamela’s high school graduation ceremony without her mother by her side, the story lays bare the pain of forced separation, even as the family never gives up hope of being whole again.The book is not Estela’s first turn in the spotlight. Her fight included a heartbreaking video played at the 2020 Democratic convention. As images of migrant children in cages filled the screen, she read a letter telling Trump: “You tore our world apart.”Now, with a colorful illustrated book aimed at children, albeit with a powerful plea for immigration reform directed at adults in positions of power, she is bringing her story to a new generation, with the message it is never too early to stand up for what’s right.“I know that if I decided to never share my voice then my mother wouldn’t be here right now next to me, and she wouldn’t be in the US,” Estela said on a Zoom call from her home in central Florida.“And I think that’s very important for other people to share their voice and I hope that they can get inspired by my story, and know that they’re not alone, because I know it’s hard to speak out, especially at such a young age.”Alejandra was able to return to Florida in May 2021 after almost three years in exile in Yucatan, as one of the early beneficiaries of an executive order signed by Joe Biden in his first days in office.The action reversed the Trump policy of deporting undocumented residents without impunity even if, as in Alejandra’s case, they’d lived in the US for decades, paid taxes, were married to US citizens, had US citizen children and stayed out of legal trouble.Biden’s order also directed the Department of Homeland Security to form an interagency taskforce to identify and reunify families separated under Trump. An interim report in July revealed that 2,634 children have been reunified with parents, with more than 1,000 cases pending.“We’re spending as much time as we have together and we try not to think about the fact that in a year or so my mom could be deported again,” Estela told me, referring to the temporary nature of her mother’s immigration “parole”, which will be reviewed in 2023.“Knowing that my story is not finished yet has inspired me to continue to write another book that’s more for teenagers and adults, and to give them a chance to be inspired.“I love writing, it helps me get my emotions out. When it comes to children’s books it has to be brief, and my story is very complicated, so I have to make it in a way where other children would understand.“My mother was never supposed to come back from Mexico. She was told she would be there for life. And knowing that after almost three years of being there she was able to come back shows me basically that anything is possible, so I have a lot of hope for the future.”Estela has grown since the Guardian first met her, Pamela and Alejandra in a playground in Haines City, Florida, in late summer 2018, about a week before their mother was deported.But even then, having only just turned nine, an advanced awareness of her family’s plight and that of others sat comfortably alongside her joyous, playful nature. She spoke eloquently of immigration reform and working with a Florida congressman, Darren Soto, on a bill to protect military families if any member was undocumented.Now 13, Estela is in her final year in middle school. She is studying the naturalization process in civics lessons she says are helping to inspire her career path.“I hope to become an immigration lawyer,” she said. “I know that right now I’m a minor, and with my writing I’m doing all I can to help immigrants. In the future I want to continue to help them.“Seeing how the broken immigration laws hurt my family, and others, seeing how it changed them forever, really gave me the courage to continue to speak out and spend my time helping them.”As Estela says in the book: “My words have power. My voice has power. I won’t stop using my voice until someone listens.”
      Until Someone Listens: A Story About Borders, Family and One Girl’s Mission is published in the US by Macmillan
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