The government partially shut down at midnight after the House and Senate failed to pass a spending bill. President Trump had insisted he would not sign any spending bill that did not include $5 billion for the border wall.
The partial shutdown won't have much effect on your holiday plans. The post office will stay open, so gift and holiday card stragglers can still put them in the mail. The Transportation Security Administration (TSA) agents would still work, and air travel would continue virtually unaffected.
Government employees who are considered "essential," such as Secret Service agents, Customs and Border Patrol agents and U.S. troops deployed at the border, will still be working. But a shutdown creates a risk for hundreds of thousands of federal workers: More than 420,000 federal employees would have to go to work without pay. More than 380,000 will be furloughed. Those who work will get paid eventually - and those furloughed likely will - but depending how long the shutdown lasts, they could miss a paycheck.
Funding that expired at midnight Saturday covers the Department of Homeland Security, the Justice Department, the State Department, the Interior Department, the Departure of Agriculture and the Department of Housing and Urban Development, among some other federal entities.
The Office of Management and Budget -- still run by incoming acting White House chief of staff Mick Mulvaney -- has issued guidance to each agency, and each agency would develop its own shutdown plan. Federal agencies must halt all "non-essential" discretionary work and so-called non-essential employees must stay home until new funding legislation is signed into law.
The US Supreme Court has ruled against the Trump administration's policy to deny asylum to any migrants crossing the US-Mexico border illegally.
The top court rejected the policy 5-4, with Chief Justice John Roberts siding with the court's liberals.
Federal judges had previously stayed the asylum ban, ruling it tried to circumvent existing laws granting anyone the right to asylum in the US.
The government had described the policy as a way to address the border crisis.
Conservative justices Neil Gorsuch, Clarence Thomas, Samuel Alito and Brett Kavanaugh dissented.
The court offered no opinion, just a document noting the order upholding the lower courts' ruling against the ban.
As soaring crime overwhelmed New York City’s courts in the 1970s, state lawmakers came up with a fix to speed things up. The State Legislature decided that people facing less than six months in jail would have their cases decided by a single judge rather than a jury.
That law has had the unintended effect of depriving immigrants in the city of jury trials for crimes like prostitution and harassment, even though they face the stiff punishment of deportation if convicted, advocates for immigrants said.
This week New York State’s highest court carved out an exception to the law, declaring in a 5-2 decision that noncitizens are entitled to jury trials for deportable offenses under the Sixth Amendment, which guarantees the right to a trial by an impartial jury.
Immigrant advocates and civil rights lawyers hailed the ruling as giving all immigrants, not just those charged with serious crimes, an avenue under the Constitution to fight charges that could lead to their removal from the country and permanent separation from their families. But critics said it gave them more rights than citizens have and might lead to bigger backlogs in the criminal courts.
New York Times
In one of his first acts in office, Mexican President Andres Manuel Lopez Obrador has signed an agreement with his counterparts from three Central American countries to establish a development plan to stem the flow of migrants seeking asylum in the U.S.
The Foreign Ministry said Saturday that the plan includes a fund to generate jobs in the region and aims to attack the structural causes of migration from El Salvador, Guatemala and Honduras.
The first wave of migrants from the Central American caravan has arrived in the Mexican city of Tijuana — about 80 members of the LGBT community, some of whom were seen scaling a fence along the coastal border community.
They split off from the larger group of more than 3,600 migrants in Mexico City after what Honduran migrant Cesar Mejia told reporters was weeks of discriminatory treatment by locals and other travelers, according to NPR.
Several people jumped or crawled through openings in the fence onto US soil Sunday but quickly ran back when Border Patrol agents approached, Fox 5 San Diego reported.
Whenever we arrived at a stopping point, the LGBT community was the last to be taken into account in every way. So our goal was to change that and say, ‘This time we are going to be first,’ ” Mejia said.
The group in Tijuana included Hondurans, Guatemalans, Nicaraguans and Salvadorans, including transgender men and women, and also several children.
Most plan to use their status as members of a persecuted class to request asylum in the United States as early as Thursday, the news outlet reported.
Presidential Proclamation Addressing Mass Migration Through the Southern Border of the United States
The United States expects the arrival at the border between the United States and Mexico (southern border) of a substantial number of aliens primarily from Central America who appear to have no lawful basis for admission into our country. They are traveling in large, organized groups through Mexico and reportedly intend to enter the United States unlawfully or without proper documentation and to seek asylum, despite the fact that, based on past experience, a significant majority will not be eligible for or be granted that benefit. Many entered Mexico unlawfully — some with violence — and have rejected opportunities to apply for asylum and benefits in Mexico. The arrival of large numbers of aliens will contribute to the overloading of our immigration and asylum system and to the release of thousands of aliens into the interior of the United States. The continuing and threatened mass migration of aliens with no basis for admission into the United States through our southern border has precipitated a crisis and undermines the integrity of our borders. I therefore must take immediate action to protect the national interest, and to maintain the effectiveness of the asylum system for legitimate asylum seekers who demonstrate that they have fled persecution and warrant the many special benefits associated with asylum.
In recent weeks, an average of approximately 2,000 inadmissible aliens have entered each day at our southern border. In Fiscal Year 2018 overall, 124,511 aliens were found inadmissible at ports of entry on the southern border, while 396,579 aliens were apprehended entering the United States unlawfully between such ports of entry. The great number of aliens who cross unlawfully into the United States through the southern border consumes tremendous resources as the Government seeks to surveil, apprehend, screen, process, and detain them.
Aliens who enter the United States unlawfully or without proper documentation and are subject to expedited removal may avoid being promptly removed by demonstrating, during an initial screening process, a credible fear of persecution or torture. Approximately 2 decades ago, most aliens deemed inadmissible at a port of entry or apprehended after unlawfully entering the United States through the southern border were single adults who were promptly returned to Mexico, and very few asserted a fear of return. Since then, however, there has been a massive increase in fear-of-persecution or torture claims by aliens who enter the United States through the southern border. The vast majority of such aliens are found to satisfy the credible-fear threshold, although only a fraction of the claimants whose claims are adjudicated ultimately qualify for asylum or other protection. Aliens found to have a credible fear are often released into the interior of the United States, as a result of a lack of detention space and a variety of other legal and practical difficulties, pending adjudication of their claims in a full removal proceeding in immigration court. The immigration adjudication process often takes years to complete because of the growing volume of claims and because of the need to expedite proceedings for detained aliens. During that time, many released aliens fail to appear for hearings, do not comply with subsequent orders of removal, or are difficult to locate and remove.
Members of family units pose particular challenges. The Federal Government lacks sufficient facilities to house families together. Virtually all members of family units who enter the United States through the southern border, unlawfully or without proper documentation, and that are found to have a credible fear of persecution, are thus released into the United States. Against this backdrop of near-assurance of release, the number of such aliens traveling as family units who enter through the southern border and claim a credible fear of persecution has greatly increased. And large numbers of family units decide to make the dangerous and unlawful border crossing with their children.
The United States has a long and proud history of offering protection to aliens who are fleeing persecution and torture and who qualify under the standards articulated in our immigration laws, including through our asylum system and the Refugee Admissions Program. But our system is being overwhelmed by migration through our southern border. Crossing the border to avoid detection and then, if apprehended, claiming a fear of persecution is in too many instances an avenue to near-automatic release into the interior of the United States. Once released, such aliens are very difficult to remove. An additional influx of large groups of aliens arriving at once through the southern border would add tremendous strain to an already taxed system, especially if they avoid orderly processing by unlawfully crossing the southern border.
The entry of large numbers of aliens into the United States unlawfully between ports of entry on the southern border is contrary to the national interest, and our law has long recognized that aliens who seek to lawfully enter the United States must do so at ports of entry. Unlawful entry puts lives of both law enforcement and aliens at risk. By contrast, entry at ports of entry at the southern border allows for orderly processing, which enables the efficient deployment of law enforcement resources across our vast southern border.
Failing to take immediate action to stem the mass migration the United States is currently experiencing and anticipating would only encourage additional mass unlawful migration and further overwhelming of the system.
Other presidents have taken strong action to prevent mass migration. In Proclamation 4865 of September 29, 1981 (High Seas Interdiction of Illegal Aliens), in response to an influx of Haitian nationals traveling to the United States by sea, President Reagan suspended the entry of undocumented aliens from the high seas and ordered the Coast Guard to intercept such aliens before they reached United States shores and to return them to their point of origin. In Executive Order 12807 of May 24, 1992 (Interdiction of Illegal Aliens), in response to a dramatic increase in the unlawful mass migration of Haitian nationals to the United States, President Bush ordered additional measures to interdict such Haitian nationals and return them to their home country. The Supreme Court upheld the legality of those measures in Sale v. Haitian Centers Council, Inc., 509 U.S. 155 (1993).
I am similarly acting to suspend, for a limited period, the entry of certain aliens in order to address the problem of large numbers of aliens traveling through Mexico to enter our country unlawfully or without proper documentation. I am tailoring the suspension to channel these aliens to ports of entry, so that, if they enter the United States, they do so in an orderly and controlled manner instead of unlawfully. Under this suspension, aliens entering through the southern border, even those without proper documentation, may, consistent with this proclamation, avail themselves of our asylum system, provided that they properly present themselves for inspection at a port of entry. In anticipation of a large group of aliens arriving in the coming weeks, I am directing the Secretary of Homeland Security to commit additional resources to support our ports of entry at the southern border to assist in processing those aliens — and all others arriving at our ports of entry — as efficiently as possible.
But aliens who enter the United States unlawfully through the southern border in contravention of this proclamation will be ineligible to be granted asylum under the regulation promulgated by the Attorney General and the Secretary of Homeland Security that became effective earlier today. Those aliens may, however, still seek other forms of protection from persecution or torture. In addition, this limited suspension will facilitate ongoing negotiations with Mexico and other countries regarding appropriate cooperative arrangements to prevent unlawful mass migration to the United States through the southern border. Thus, this proclamation is also necessary to manage and conduct the foreign affairs of the United States effectively.
NOW, THEREFORE, I, DONALD J. TRUMP, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(f) and 1185(a), respectively) hereby find that, absent the measures set forth in this proclamation, the entry into the United States of persons described in section 1 of this proclamation would be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following:
Section 1. Suspension and Limitation on Entry. The entry of any alien into the United States across the international boundary between the United States and Mexico is hereby suspended and limited, subject to section 2 of this proclamation. That suspension and limitation shall expire 90 days after the date of this proclamation or the date on which an agreement permits the United States to remove aliens to Mexico in compliance with the terms of section 208(a)(2)(A) of the INA (8 U.S.C. 1158(a)(2)(A)), whichever is earlier.
Sec. 2. Scope and Implementation of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who enter the United States after the date of this proclamation.
(b) The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to any alien who enters the United States at a port of entry and properly presents for inspection, or to any lawful permanent resident of the United States.
(c) Nothing in this proclamation shall limit an alien entering the United States from being considered for withholding of removal under section 241(b)(3) of the INA (8 U.S.C. 1231(b)(3)) or protection pursuant to the regulations promulgated under the authority of the implementing legislation regarding the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, or limit the statutory processes afforded to unaccompanied alien children upon entering the United States under section 279 of title 6, United States Code, and section 1232 of title 8, United States Code.
(d) No later than 90 days after the date of this proclamation, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall jointly submit to the President, through the Assistant to the President for National Security Affairs, a recommendation on whether an extension or renewal of the suspension or limitation on entry in section 1 of this proclamation is in the interests of the United States.
Sec. 3. Interdiction. The Secretary of State and the Secretary of Homeland Security shall consult with the Government of Mexico regarding appropriate steps — consistent with applicable law and the foreign policy, national security, and public-safety interests of the United States — to address the approach of large groups of aliens traveling through Mexico with the intent of entering the United States unlawfully, including efforts to deter, dissuade, and return such aliens before they physically enter United States territory through the southern border.
Sec. 4. Severability. It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the interests of the United States. Accordingly:
(a) if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of its other provisions to any other persons or circumstances shall not be affected thereby; and
(b) if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid because of the failure to follow certain procedures, the relevant executive branch officials shall implement those procedural requirements to conform with existing law and with any applicable court orders.
Sec. 5. General Provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of November, in the year of our Lord two thousand eighteen, and of the Independence of the United States of America the two hundred and forty-third.
DONALD J. TRUMP
A US appeals court in California ruled on Thursday that Donald Trump’s administration must continue the “Dreamers” program begun under former president Barack Obama that protects hundreds of thousands of immigrants who were brought into the country illegally as children.
The decision by the San Francisco-based ninth US circuit court of appeals preserves the Deferred Action for Childhood Arrivals (Daca) program introduced in 2012 that has shielded from deportation a group of immigrants dubbed “Dreamers” and given them work permits, though not a path to citizenship.
The ruling represented another legal defeat for Trump over Daca, although he has won court victories on other parts of his hardline immigration policies.
More than 100,000 noncitizens are registered to vote in Pennsylvania alone, according to testimony submitted Monday in a lawsuit demanding the state come clean about the extent of its problems.
The Public Interest Legal Foundation, which has identified similar noncitizen voting problems in studies of Virginia and New Jersey, said Pennsylvania officials have admitted noncitizens have been registering and voting in the state “for decades.”
But state officials have stonewalled PILF requests for access to the data that could expose the problem, the group says in a lawsuit filed in federal court in Harrisburg.
The Washington Times
President Donald Trump on Thursday told troops deploying to the border they could shoot migrants who might throw rocks at them.
[Editors note: President Trump appeared to walk back his remarks about rules of engagement on Friday.]
But what troops will actually be able to do — or should do — is tightly governed.
Experts on domestic military deployments said the president’s words would not offer protection to forces in the case that troops fire upon a migrant and cautioned that troops must know and follow the rules of engagement specific to this unique deployment.
“My understanding is that the president’s comments are irrelevant in a legal judgment about whether using lethal force was appropriate. There is a right to self-defense but there is a high bar against taking action against just rockthrowing,” said Center for Strategic and International Studies senior adviser Mark Cancian.
Former Chairman of the Joint Chiefs Army Gen. Martin Dempsey also took a hard and unusually public position on the rocks comments, saying forces won’t respond so disproportionately.
Military Times - click to read rules of engagement
A dozen migrants traveling by foot from Honduras to the U.S. to seek asylum filed a class-action lawsuit Thursday against President Trump, the Department of Homeland Security and others, claiming a violation of their due process under the Fifth Amendment.
The Fifth Amendment states that, "no person… shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law."
A recent PBS report cited former Supreme Court Justice Antonin Scalia, who ruled in 1993 case that "it is well established that the Fifth Amendment entitles aliens to due process of law in a deportation proceeding."
Twelve Honduran nationals, including six children, are listed as plaintiffs in the lawsuit. The suit, which was filed Thursday in the U.S. District Court in Washington, D.C., said it is widely known that Guatemala, Honduras and El Salvador are “undergoing a well-documented human rights crisis.” The lawsuit also claims that the plaintiffs’ right to the Administrative Procedures Act and the Declaratory Judgement Act were being infringed upon.
The Central American migrant caravan now numbers approximately 4,000 people, down from a high of 7,200.
© 2019 Whiskey Tango Foxtrot - All Rights Reserved