The Ninth Circuit Appeals Court once again overturned the Trump travel ban. Congress still failed to pass any help for Dreamers.
Travel ban decision
Trump travel ban should not apply to people with strong US ties, says court (The Guardian, 12/22/17)
“The US appeals court has said Donald Trump’s hotly contested travel ban targeting people from six Muslim-majority countries should not be applied to people with strong ties to America.”
9th Circuit rules against Trump’s third attempt at travel ban (The Hill, 12/22/17)
“The San Francisco-based appeals court, however, said the Trump administration could continue to bar individuals from countries in the Middle East and North Africa from entering the U.S. if they do not have a “bona fide” relationship with someone in the U.S.
“The court said the ruling would be put on hold pending any review by the Supreme Court.”
Appeals court: Trump exceeded authority with travel ban (Washington Post, 12/23/17)
“The 77-page ruling released late Friday says Trump’s proclamation makes no finding whatsoever that simply being from one of the countries cited in the ban makes someone a security risk.
“Hawaii, which is suing to stop the ban, has argued that it will be harmful because families will be separated and university recruitment will be hampered.”
“Starting March 5, the 122-a-day pace of immigrants losing DACA protections and work permits will accelerate radically. A conservative estimate suggests that 976 DACA grants would expire daily; a more aggressive estimate, from the immigration advocacy organization FWD.us, says that 1,700 immigrants will lose DACA each day between March 5 and November 5….
“Any day without DACA is a day in which working is illegal. In most states, it’s a day in which driving to work is illegal (since many states gave drivers’ licenses to immigrants that were contingent on them having DACA).
“It’s a day in which simply existing in the US is liable to get you picked up by ICE agents, detained, and slotted for deportation.
“This isn’t a theoretical statement. It’s a description of current ICE policy.”
Will Congress Save Dreamers Before Trump’s DACA Deadline? (The New Yorker, 12/22/17)
“Trump’s DACA deadline coincides with congressional primary season. Many incumbent Republicans will need to shore up their bases of support on the right, and others will be facing Steve Bannon-inspired conservative challengers; they won’t want to appear too conciliatory on a contentious issue like immigration.”
Why Democrats Folded on a DACA Fix (Slate, 12/21/17)
“It’s hard to overstate how infuriating such remarks—I will use all the leverage I have, except for the big piece of leverage that I have—are to Dreamers and their allies, who have come to D.C. for countless protests and rallies, shut down Capitol cafeterias, and are now being told, for a third time, to wait a little while longer….
“We’re really tired of ‘tomorrow,’ and why should we expect that if we come back in January, they’re not going to give us another reason?” Gutiérrez said. “So part of being here 25 years is: I’ve seen this movie before. And, you know, the ending isn’t good when it comes to our immigrants.”
And in other news
Stoking Fears, Trump Defied Bureaucracy to Advance Immigration Agenda (New York Times, 12/21/17)
“Late to his own meeting and waving a sheet of numbers, President Trump stormed into the Oval Office one day in June, plainly enraged….
“According to six officials who attended or were briefed about the meeting, Mr. Trump then began reading aloud from the document, which his domestic policy adviser, Stephen Miller, had given him just before the meeting. The document listed how many immigrants had received visas to enter the United States in 2017.
“More than 2,500 were from Afghanistan, a terrorist haven, the president complained.
“Haiti had sent 15,000 people. They “all have AIDS,” he grumbled, according to one person who attended the meeting and another person who was briefed about it by a different person who was there.
“Forty thousand had come from Nigeria, Mr. Trump added. Once they had seen the United States, they would never “go back to their huts” in Africa, recalled the two officials, who asked for anonymity to discuss a sensitive conversation in the Oval Office.”
In hopes of getting around federal law, immigrants seek governors’ pardons to block deportation (Los Angele Times, 12/25/17)
“The two Cambodian refugees living in Northern California had been convicted of crimes years ago and, under the Trump administration’s more aggressive immigration enforcement policies, those offenses had placed them on a path toward deportation.
“But on Saturday, Gov. Jerry Brown announced the pardons of both men — Mony Neth of Modesto and Rottanak Kong of Davis — saying they had paid their debts to society and now lived honest and upright lives.”
Defying Trump again, Jerry Brown pardons immigrants about to be deported (Sacramento Bee, 12/24/17)
“Two of Brown’s pardons are Northern California Cambodian men picked up in October in those immigration sweeps, Mony Neth of Modesto and Rottanak Kong of Davis.
“Kong was convicted on felony joyriding in 2003 in Stanislaus County at age 25 and sentenced to a year in jail. Neth was convicted on a felony weapons charge with a gang enhancement and a misdemeanor charge of receiving stolen property with a value of $400 or less in 1995 in Stanislaus County.
“Both men came to the United States as children after their families fled the Khmer Rouge regime, and neither has engaged in criminal activity since being released from prison.“
U.S. memo weakens guidelines for protecting immigrant children in court (Reuters 12/22/17)
“The new memo removes suggestions contained in the 2007 memo for how to conduct ‘child-sensitive questioning’ and adds reminders to judges to maintain ‘impartiality’ even though ‘juvenile cases may present sympathetic allegations.’ The new document also changes the word “child” to “unmarried individual under the age of 18” in many instances. …
“The new memo also warns judges to be skeptical, since an unaccompanied minor ‘generally receives more favorable treatment under the law than other categories of illegal aliens,’ which creates ‘an incentive to misrepresent accompaniment status or age in order to attempt to qualify for the benefits.’ It also says to be on the lookout for “fraud and abuse,” language that was not in the previous memo. “