Trump travel ban faces key test in multiple courtrooms

People relax on the beach in Waikiki in Honolulu. Hawaii has filed a lawsuit challenging President Donald Trump's revised travel ban. (AP)
Updated 15 March 2017
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Trump travel ban faces key test in multiple courtrooms

The day before it is supposed to go into effect President Donald Trump’s revised travel ban will be scrutinized in federal courtrooms across the country on Wednesday.
In Maryland, a US judge will hear arguments from the American Civil Liberties Union and others who want to stop the new directive and more than a half-dozen states are trying to derail the executive order affecting travelers from six Muslim-majority nations.
Hawaii’s lawsuit is heading to federal court in Honolulu, while Washington state, which successfully sued to block the original ban, wants its own hearing before a federal judge in Seattle. Five other states have joined Washington’s challenge.
Here’s a look at what’s going on and the hurdles the new ban faces:
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BUSY DAY IN COURT
Hawaii will argue that the new order will harm its Muslim population, tourism and foreign students. Ismail Elshikh, a plaintiff in the lawsuit, said the ban will prevent his Syrian mother-in-law from visiting.
The federal government will argue that the allegations are pure speculation. Justice Department lawyers also say the president is authorized to restrict or suspend entry into the United States.
In Washington state, Attorney General Bob Ferguson is pushing for a hearing before Judge James Robart, who halted the original ban last month. Ferguson wants Robart to apply the ruling to the new ban.
Ferguson says the new order is unconstitutional and harms residents, universities and businesses, especially tech companies such as Washington state-based Microsoft and Amazon who rely on foreign workers. California, Maryland, Massachusetts, New York and Oregon have joined the claim. Federal lawyers say the revised travel ban is “substantially different” from the original directive.
Immigrant advocacy groups and the ACLU are also suing in Maryland. They will ask a judge there early Wednesday to issue an injunction, saying it’s illegal to reduce the number of refugees in the middle of a fiscal year. The lawsuit is broader, but the ACLU expects a ruling on that part of the case even if other aspects of the ban are blocked elsewhere.
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OLD VERSUS NEW BAN
Washington and Hawaii say the order is an effort to carry out the Muslim ban he promised during his campaign and is a violation of the First Amendment, which bars the government from favoring or disfavoring any religion. On that point, they say, the new ban is no different than the old.
They point to statements by Trump’s advisers, including former New York Mayor Rudy Giuliani, who said Trump asked him how to implement a Muslim ban legally, and Stephen Miller, who said the revised order was designed to have “the same basic policy outcome” as the first.
The new version tries to erase the notion that it was designed to target Muslims by detailing more of a national security rationale. It is narrower and eases some concerns about violating the due process rights of travelers.
It applies only to new visas from Somalia, Iran, Syria, Sudan, Libya and Yemen and temporarily shuts down the US refugee program. It does not apply to travelers who already have visas.
The states’ First Amendment claim has not been resolved. The 9th US Circuit Court of Appeals refused to reinstate the original ban but didn’t rule on the discrimination claim.
Some legal scholars have said the order does not apply to all Muslims or even all predominantly Muslim nations — a point 9th Circuit Judge Richard Clifton made during arguments in Washington’s case.
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DOES THE PRESIDENT HAVE THE AUTHORITY?
The administration says the travel ban is about national security. The revised order specifies that people from the listed countries “warrant additional scrutiny in connection with our immigration policies because the conditions in these countries present heightened threats.”
But intelligence analysts at the Department of Homeland Security have questioned that rationale, concluding that citizenship is an “unlikely indicator” of terrorist ties.
In addition, the states and civil liberties groups say US immigration law generally prohibits the government from discriminating based on nationality when issuing immigrant visas. The president cannot rewrite that law by executive order, the states say.
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ARE THE STATES THE RIGHT ONES TO SUE?
Some legal scholars have questioned whether states have standing to bring their cases, citing limits the Supreme Court has placed on when states can sue the federal government.
Michael McConnell, a constitutional law professor at Stanford Law School, has said he is “highly skeptical” that states can sue over this issue.
The 9th Circuit panel found that Washington and Minnesota, which is part of the original lawsuit, did have standing, at least at that early stage. The judges noted that some people would not enroll in universities or join the faculty, causing real harm for the states.
Hawaii focuses on an additional aspect: the loss of tourism, and thus tax dollars, in the heavily travel-dependent state.
“I don’t think standing’s a serious problem,” said Rory Little, a former Supreme Court clerk who teaches at the University of California Hastings College of the Law. “There’s clearly harm to state budgets, harm to state universities.”


Nobel laureate Malala Yousafzai to visit native Pakistan for girls’ summit

Updated 2 sec ago
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Nobel laureate Malala Yousafzai to visit native Pakistan for girls’ summit

  • Nobel peace prize laureate Malala Yousafzai will attend a summit on girls’ education hosted by her native Pakistan, where she was nearly killed by militants as a schoolgirl
ISLAMABAD: Nobel peace prize laureate Malala Yousafzai will attend a summit on girls’ education hosted by her native Pakistan, where she was nearly killed by militants as a schoolgirl.
Yousafzai was evacuated from the country in 2012 after being shot by the Pakistan Taliban, who were enraged by her activism, and she has returned to the country only a handful of times since.
“I am excited to join Muslim leaders from around the world for a critical conference on girls’ education,” she said Friday in a post on X.
“On Sunday, I will speak about protecting rights for all girls to go to school, and why leaders must hold the Taliban accountable for their crimes against Afghan women & girls.”
A spokesperson for her Malala Fund charity confirmed she will attend the summit in person.
The two-day summit will be held in the capital Islamabad on Saturday and Sunday, focusing on girls’ education in Muslim communities.

Zelensky and Austin use their final meeting to press Trump to keep supporting Ukraine

Updated 16 min 11 sec ago
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Zelensky and Austin use their final meeting to press Trump to keep supporting Ukraine

  • Austin warned that to cease military support now “will only invite more aggression, chaos and war”
  • President-elect Donald Trump’s pronouncements about pushing for a quick end to the war and his kinship with Putin have triggered concern among allies

RAMSTEIN AIR BASE: Ukrainian President Volodymyr Zelensky and US Defense Secretary Lloyd Austin used their final meeting Thursday to press the incoming Trump administration not to give up on Kyiv’s fight, with Austin warning that to cease military support now “will only invite more aggression, chaos and war.”
“We’ve come such a long way that it would honestly be crazy to drop the ball now and not keep building on the defense coalitions we’ve created,” Zelensky said. “No matter what’s going on in the world, everyone wants to feel sure that their country will not just be erased off the map.”
President-elect Donald Trump’s pronouncements about pushing for a quick end to the war, his kinship with Russian President Vladimir Putin and uncertainty over whether he will support further military aid to Ukraine have triggered concern among allies.
The Biden administration has worked to provide Ukraine with as much military support as it can, including approving a new $500 million package of weapons and relaxing restrictions on missile strikes into Russia, with the aim of putting Ukraine in the strongest position possible for any future negotiations to end the war.
Austin doubled down on Zelensky’s appeal, saying “no responsible leader will let Putin have his way.”
And while Austin acknowledged he has no idea what Trump will do, he said the international leaders gathered Thursday at Ramstein Air Base talked about the need to continue the mission.
The leaders were attending a gathering of the Ukraine Defense Contact Group, a consortium of about 50 partner nations that Austin brought together months after Russia invaded Ukraine in February 2022 to coordinate weapons support.
“I’m leaving this contact group not with a farewell but with a challenge. The coalition to support Ukraine must not flinch. It must not falter. And it must not fail,” Austin said during his final press conference. “Ukraine’s survival is on the line. But so is all of our security.”
Some discussed what they would do if the US backed away from its support for Kyiv, if the contact group would assume a new shape under one of its major European contributors, such as Germany. Germany’s Defense Minister Boris Pistorius said his country and several other European nations are discussing options.
Austin said the continuation of the group is essential, calling it “the arsenal of Ukrainian democracy” and “the most consequential global coalition in more than 30 years.”
President Joe Biden was to have his final face-to-face meeting with Zelensky in the coming days in Rome, but he canceled the trip because of the devastating fires in California.
Pistorius said he intends to travel to the US shortly after Trump’s Jan. 20 inauguration to meet his new counterpart to discuss the issue.
“It’s clear a new chapter starts for Europe and the entire world just 11 days from now,” and it will require even more cooperation, Zelensky said.
Ukraine has launched a second offensive in Russia’s Kursk region and is facing a barrage of long-range missiles and ongoing advances from Russia as both sides seek to put themselves in the strongest negotiating position possible before Trump takes office.
Zelensky called the Kursk offensive “one of our biggest wins,” which has cost Russia and North Korea, which sent soldiers to help Russia, thousands of troops. Zelensky said the offensive resulted in North Korea suffering 4,000 casualties, but US estimates put the number lower at about 1,200.
Zelensky said Ukraine will continue to need air defense systems and munitions to defend against Russia’s missile attacks.
The latest US aid package includes missiles for air defense and for fighter jets, sustainment equipment for F-16s, armored bridging systems and small arms and ammunition.
The weapons are funded through presidential drawdown authority, meaning they can be pulled directly from US stockpiles, and the Pentagon is pushing to get them into Ukraine before the end of the month.
Unless there is another aid package approved, the Biden administration will leave about $3.85 billion in congressionally authorized funding for any future arms shipments to Ukraine. It will be up to Trump to decide whether or not to spend it.
“If Putin swallows Ukraine, his appetite will only grow,” Austin told the contact group leaders. “If tyrants learn that aggression pays, we will only invite even more aggression, chaos, and war.”
In the months since Trump’s election victory, Europeans have grappled with what that change will mean in terms of their fight to keep Russia from further advancing, and whether the post-World War II Western alliance will hold.
In recent days, Trump has threatened to take Greenland, which is part of the Kingdom of Denmark — a NATO member — by military means if necessary. Such action would upend all norms of the historic NATO alliance and possibly require members to come to the defense of Denmark.
Austin declined to comment on Trump’s threat, but Pistorius called it “diplomatically astonishing.”
“Alliances are alliances, to stay alliances. Regardless of who is governing countries,” Pistorius said. “I’m quite optimistic that remarks like that won’t really influence US politics after the 20th of January.”
Globally, countries including the US have ramped up weapons production as the Ukraine war exposed that all of those stockpiles were woefully unprepared for a major conventional land war.
The US has provided about $66 billion of the total aid since February 2022 and has been able to deliver most of that total — between 80 percent and 90 percent — already to Ukraine.


Far from Hollywood’s wealth, Los Angeles fire survivors feel forgotten

Updated 20 min 45 sec ago
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Far from Hollywood’s wealth, Los Angeles fire survivors feel forgotten

  • Altadena residents fear unequal resource allocation post-fire
  • Concerns over insurance payouts and gentrification rise

ALTADENA: In the close-knit Los Angeles suburb of Altadena, where rows of neat bungalows once nestled in the shadow of the San Gabriel mountains, smoldering ruins and the skeletal frames of burnt out cars now lie.
While the fires that have devastated celebrity neighborhoods near Malibu have caught the world’s attention, a similar size blaze in Eaton Canyon, north of Los Angeles, has ravaged Altadena, a racially and economically diverse community.
Black and Latino families have lived in Altadena for generations and the suburb is also popular with younger artists and engineers working at the nearby NASA rocket lab, who were attracted by the small town vibe and access to nature.
Many residents told Reuters they were concerned that government resources would be channeled toward high-profile areas popular with A-Listers, while insurance companies might shortchange less affluent households that don’t have the financial means to contest fire claims.
“They’re not going to give you the value of your house ... if they do you really have to fight for it,” said Kay Young, 63, her eyes welling up with tears as she stared at a sprawl of smoking rubble, the remnants of a home that has been in her family for generations.
Inez Moore, 40, whose family home in Altadena was destroyed by the fire, said communities like theirs would likely suffer financially more than wealthier suburbs because many people don’t have the resources or experience to navigate complex bureaucratic systems.
“You’re going to have some folks who are not going to get as much as they deserve, and some folks who may get more than actually they need,” said Moore, a lecturer at California State University.
Moore, Young and several other residents told Reuters they didn’t see any fire engines in Altadena in the early hours of Wednesday when they fled flames engulfing their community, fueling a resentment that their neighborhood wasn’t a priority.
“We didn’t get help here. I don’t know where everybody was,” said Jocelyn Tavares, 32, as her sister and daughter dug through the smoking debris of a life upended — a child’s bicycle half-melted, a solitary cup miraculously spared from the flames.
Los Angeles County Fire Department did not respond to a request for comment about the residents’ complaints.
REBUILD
Since breaking out on Tuesday night, the Eaton Fire has killed at least five people and grown to 13,690 acres as of Thursday night, consuming much of the northern half of Altadena, an unincorporated community of some 40,000 people.
As late as 1960, Altadena was almost entirely white. As new highways built in urban renewal projects tore apart Los Angeles neighborhoods, African American families began buying homes in what remained for decades a relatively affordable community.
Residents told Reuters they paid around $50,000 for a three-bedroom home in Altadena in the 1970s. The same house would cost more than $1 million today.
By 1990, nearly 40 percent of residents were Black. Today, about 18 percent are Black, 49 percent white and 27 percent are Hispanic or Latino, according to the US Census Bureau.
Altadena residents voiced concerns that the area may become more gentrified if families who have lived here for generations could not secure insurance payouts to cover the cost to rebuild a home that they bought cheap decades ago.
Despite the widespread wreckage, many locals were upbeat about the community rising from the ashes, sharing tales of narrow escapes and memories of decades spent growing up together with neighbors who were now sharing in the disaster.
“There are rows of us that went to school together,” said Young, gesturing to a vast stretch of scorched foundations.
Michael McCarthy, 68, a clerk in the City of Los Angeles, said his home was saved by a neighbor who risked his life by staying behind after everyone else had fled, using a hose to spray water on their roofs.
“I know this community will rebuild, everybody knows everybody here, everybody loves everybody,” said McCarthy, who is due to retire this year.
“Well, I got a new job now, and that’s putting all this back together and do what I can for the neighborhood.”


Los Angeles fire deaths at 10 as National Guard called in

Updated 37 min 26 sec ago
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Los Angeles fire deaths at 10 as National Guard called in

  • A vast firefighting operation continued into the night, bolstered by water-dropping helicopters thanks to a temporary lull in winds
  • With such a huge area scorched by the fires, evacuees feared not enough was being done and some were taking matters into their own hands

LOS ANGELES, United States: Massive wildfires that engulfed whole neighborhoods and displaced thousands in Los Angeles have killed at least 10 people, authorities said, as California’s National Guard soldiers readied to hit the streets to help quell disorder.

News of the growing toll, announced late Thursday by the Los Angeles County Medical Examiner, came as swaths of the United States’ second-largest city lay in ruins.

A vast firefighting operation continued into the night, bolstered by water-dropping helicopters thanks to a temporary lull in winds, even as new fires continued to spring up.

With reports of looting, Los Angeles County Sheriff Robert Luna said a nighttime curfew was planned, and the state’s National Guard was on hand to patrol affected areas.

Governor Gavin Newsom said the service members were part of a thousands-strong deployment of state personnel.

“We’re throwing everything at our disposal – including our National Guard service members – to protect communities in the days to come,” he said.

“And to those who would seek to take advantage of evacuated communities, let me be clear: looting will not be tolerated.”

Luna said his officers were patrolling evacuation zones and would arrest anyone who was not supposed to be there.

But with such a huge area scorched by the fires, evacuees feared not enough was being done and some were taking matters into their own hands.

Nicholas Norman mounted an armed vigil at his home after seeing suspicious characters in the middle of the night.

“I did the classic American thing: I went and got my shotgun and I sat out there, and put a light on so they knew people were there,” he said.

The biggest of the multiple blazes has ripped through almost 20,000 acres (8,800 hectares) of the upscale Pacific Palisades neighborhood, while another fire around Altadena has torched 13,700 acres.

Firefighters said they were starting to get a handle on the Pacific Palisades blaze, with six percent of its perimeter contained – meaning it can’t spread any further in that direction.

But after a lull, winds were returning and new fires continued to erupt.

One flared near Calabasas and the wealthy Hidden Hills enclave, home to celebrities like Kim Kardashian, late Thursday.

The Kenneth Fire exploded to almost 1,000 acres within hours, forcing more people from their homes, with over 180,000 now displaced.

US President Joe Biden told a White House briefing he had pledged extra federal funds and resources to help the state cope with “the most... devastating fire in California’s history.”

Unlike Tuesday when the multi-pronged disaster roared to life and 160-kilometer-an-hour winds grounded all aircraft, firefighters were able to keep up a steady stream of sorties.

But one Super Scooper – an amphibious aircraft that dumps hundreds of gallons of water at a time – was grounded after colliding with a drone.

Although no one was hurt, the Federal Aviation Authority said it was probing the incident, and warned anyone flying drones in fire areas could be jailed for a year.

Some of those forced out of their homes began to return Thursday to find scenes of devastation.

Kalen Astoor, a 36-year-old paralegal, said her mother’s home had been spared by the inferno’s seemingly random and chaotic destruction. But many other homes had not.

“The view now is of death and destruction,” she said. “I don’t know if anyone can come back for a while.”

Meanwhile an AFP overflight of the Pacific Palisades and Malibu – some of the most expensive real estate in the world and home to celebrities like Paris Hilton, Anthony Hopkins and Billy Crystal – revealed desolation.

On highly coveted Malibu oceanfront plots skeletal frames of buildings indicated the lavish scale of what has been destroyed.

Multi-million dollar mansions have vanished entirely, seemingly swept into the Pacific Ocean by the force of the fire.

In the Palisades, grids of roads that were until Tuesday lined with stunning homes now resemble makeshift cemeteries.

For millions of others in the area, life was disrupted: schools were closed, hundreds of thousands were without power and major events were canceled or, in the case of an NFL playoff game between the Los Angeles Rams and the Minnesota Vikings, moved somewhere else.

Meteorologists warn that “critical” windy and dry conditions, though abated, are not over.

A National Weather Service bulletin said “significant fire growth” remained likely “with ongoing or new fires” into Friday.

Wildfires occur naturally, but scientists say human-caused climate change is altering weather and changing the dynamics of the blazes.

Two wet years in Southern California have given way to a very dry one, leaving ample fuel dry and primed to burn.


India readies for mammoth Hindu festival of 400 million pilgrims

Updated 59 min 18 sec ago
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India readies for mammoth Hindu festival of 400 million pilgrims

  • The organizers say the scale of preparations for the Kumbh Mela is akin to setting up a temporary country from scratch
  • Festival is rooted in Hindu mythology, a battle between deities and demons for pitcher containing nectar of immortality

NEW DELHI: The world’s largest gathering of humanity begins in India on Monday with the opening of the Kumbh Mela, a six-week Hindu festival organizers expect to attract up to 400 million pilgrims.
Organizers say the scale of preparations for the Kumbh Mela is akin to setting up a temporary country from scratch — in this case, one more populous than the United States and Canada combined.
“Some 350 to 400 million devotees are going to visit the mela, so you can imagine the scale of preparations,” festival spokesman Vivek Chaturvedi said.
Around 150,000 toilets have been built and a network of community kitchens can each feed up to 50,000 people at the same time.
Another 68,000 LED light poles have been erected for a gathering so large that its bright lights can be seen from space.
Authorities and the police have also set up a network of “lost and found” centers and an accompanying phone app to help pilgrims lost in the immense crowd “to reunite with their families.”
India is the world’s most populous nation, with 1.4 billion people, and so is used to large crowds.
The last celebration at the site, the “ardh” or half Kumbh Mela in 2019, attracted 240 million pilgrims, according to India’s government.
That compares to an estimated 1.8 million Muslims who take part in the annual Hajj pilgrimage to Makkah, Saudi Arabia.
The government calls the Kumbh Mela a “vibrant blend of cultures, traditions, and languages, showcasing a ‘mini-India’ where millions come together without formal invitations.”
The Kumbh Mela, or “festival of the sacred pitcher,” is held at the confluence of the Ganges, the Yamuna and the mythical Sarasvati rivers.
Its emblematic ritual is mass bathing in the holy rivers, with the dawn charge often led by naked, ash-smeared holy men, many of whom will have walked for weeks to reach the site.
Hindus believe that those who immerse themselves in the waters cleanse themselves of sin, breaking free from the cycle of rebirth and ultimately attaining salvation.
Many pilgrims embrace a life of simplicity during the festival — vowing non-violence, celibacy and the offering of alms — and focusing on prayer and meditation.
Santosh Mishra, 55, from a village near the holy Hindu city of Varanasi, said he and his neighbors were “super excited” for the fair to begin.
“The whole village will be going,” Mishra told AFP. “It’s a great feeling when everyone takes a plunge in the river together.”
The festival is rooted in Hindu mythology, a battle between deities and demons for control of a pitcher containing the nectar of immortality.
Four drops of nectar were spilt during the battle and one landed at Prayagraj, where the Kumbh Mela is held every 12 years.
The other three fell on the cities of Nashik, Ujjain and Haridwar, where smaller festivals are held in intervening years.
The exact date of each celebration is based on the astrological positions of the Sun, Moon and Jupiter.
Ceremonies include the visually spectacular “aarti,” when vast numbers of priests perform rituals holding flickering lamps.
Devotees also float a sea of twinkling prayer lamps, crafted from baked flour, which glow with burning mustard oil or clarified butter.
Monday marks the start of festivities, coinciding with the full moon, with celebrations culminating on February 26, the final holy bathing day.
The mythic battle that undergirds the Kumbh Mela celebrations is mentioned in the Rig Veda, a sacred Hindu text written more than 3,000 years ago.
The festival was also mentioned by Chinese Buddhist monk and scholar Hiuen Tsang, who attended in the seventh century.
UNESCO lists the Kumbh Mela as part of the Intangible Cultural Heritage of Humanity.
It describes it as “the largest peaceful congregation of pilgrims on earth,” saying it “plays a central spiritual role in the country, exerting a mesmeric influence on ordinary Indians.”