WASHINGTON: The US Supreme Court on Thursday gave a major boost to President Joe Biden’s drive to end a hard-line immigration policy begun under his predecessor Donald Trump that forced tens of thousands of migrants to stay in Mexico to await US hearings on their asylum claims.
The justices, in a 5-4 ruling authored by Chief Justice John Roberts, overturned a lower court’s decision requiring Biden to restart Trump’s “remain in Mexico” policy after the Republican-led states of Texas and Missouri sued to maintain the program.
The ruling bolsters Biden as he pursues what he calls a more “humane” approach at the southern border even as Republicans blame him for what they portray as an immigration crisis.
The justices concluded that the New Orleans-based 5th US Circuit Court of Appeals erred in finding that federal immigration law required sending migrants back to Mexico so long as there was not enough space to detain them in the United States.
“The problem is that the statute does not say anything like that,” Roberts wrote, adding that the 5th Circuit’s decision also mistakenly imposed a “significant burden” upon the US government’s ability to conduct diplomatic relations with Mexico.
Trump’s administration adopted the policy, formally called the “Migrant Protection Protocols,” in 2018 in response to an increase in migration along the US-Mexican border, changing longstanding US practice. It prevented certain non-Mexican migrants, including asylum seekers fearing persecution in their home countries, from being released into the United States to await immigration proceedings, instead returning them to Mexico.
Biden’s fellow Democrats and immigration advocates have criticized Trump’s policy, saying migrants stuck in Mexican border cities have faced kidnappings and other hazards.
Roberts was joined by fellow conservative Justice Brett Kavanaugh and the three liberal justices in the ruling. In dissent, Justice Samuel Alito — joined by fellow conservative Justices Clarence Thomas and Neil Gorsuch — said Congress never meant for the government to release immigrants and simply hope they “will show up for the hearing.”
The ruling also faulted the 5th Circuit for voiding the administration’s June 2021 decision to end Trump’s program. The 5th Circuit found that Biden’s administration had failed to properly explain its rescinding of Trump’s policy in violation of federal administrative law. But the Supreme Court found that the June 2021 decision was superseded by a new, more detailed one issued by the administration four months later.
Biden suspended the “remain in Mexico” policy in January 2021 shortly after taking office and acted to rescind it five months later. Roughly 68,000 people fell under the policy from the time it took effect in 2019 until Biden suspended it.
At issue in the case was the meaning of a provision of a 1996 US immigration law that stated that US officials “may return” certain immigrants to Mexican territory pending immigration proceedings. Texas and Missouri have said this provision must be used because the United States lacks detention space for migrants. Biden’s administration said the provision was clearly discretionary.
For migrants not posing a security risk, immigration law separately allows their release into the United States for humanitarian reasons or “significant public benefit” pending a hearing, a practice officials have followed for decades.
Kavanaugh, in a concurring opinion, said that every president since the late 1990s has allowed immigrants into the United States to await their proceedings.
Texas Governor Greg Abbott, a Republican, criticized the ruling, saying it “will only embolden the Biden administration’s open border policies.”
Immigrant rights groups called the ruling a victory.
“The US for generations has been a refuge for those fleeing danger and persecution,” said Marielena Hincapié, executive director of the National Immigration Law Center, urging Biden’s administration to “move swiftly to permanently end every facet of the human rights disaster that is ‘remain in Mexico.’“
The number of migrants caught crossing the US-Mexico border has reached record highs recently. Republicans contend that the “remain in Mexico” policy effectively deterred unlawful migration.
After a judge ruled in favor of Texas and Missouri, reinstating the program, the Supreme Court last August refused the Biden administration’s request to block that decision while it appealed. The 5th Circuit ruled in December that because the government lacks the capacity to detain all migrants eligible for admission pending a hearing, it must maintain “remain in Mexico.”
Thursday’s decision came on the final day of rulings for the court’s current nine-month term.
US Supreme Court backs Biden bid to end Trump ‘remain in Mexico’ policy
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US Supreme Court backs Biden bid to end Trump ‘remain in Mexico’ policy
- Supreme Court overturns decision requiring Biden to restart Trump’s “remain in Mexico” policy after the Republican-led states sued to maintain the program
Daesh group claims attack on Sufi shrine in Afghanistan
- A local resident, who said he knew victims of the attack, said worshippers had gathered at the Sayed Pasha Agha shrine on Thursday evening
KABUL: Daesh (IS-K), the terrorist group’s branch in Afghanistan, on Saturday claimed responsibility for a gun attack that left 10 people dead at a Sufi shrine in northern Baghlan province.
Taliban authorities in Kabul have repeatedly said they have defeated IS-K, but the group regularly claims responsibility for attacks, notably against Sufi or Shiite minorities, targets they consider heretical.
On Friday, interior ministry spokesman Abdul Matin Qani told AFP that a gunman opened fire on Sufis “taking part in a weekly ritual” at a shrine in a remote area of Nahrin district, killing 10 people.
A local resident, who said he knew victims of the attack, said worshippers had gathered at the Sayed Pasha Agha shrine on Thursday evening.
They had begun a Sufi chant when “a man shot at the dozen worshippers,” he said on condition of anonymity.
“When people arrived for morning prayers, they discovered the bodies,” he added.
The UN special rapporteur for human rights in Afghanistan, Richard Bennett, wrote on X: “Religious minorities remain under grave threat. More prevention, protection & justice needed.”
The Daesh group accuses Sufis of worshipping more than one god because of their devotion to saints.
In mid-September, the group claimed responsibility for an attack in central Afghanistan that killed 14 people who had gathered to welcome pilgrims returning from Karbala in Iraq, one of the holiest sites for Shiites.
India opposes COP29 finance deal after it is adopted
BAKU: India strongly objected to a climate finance deal agreed at the United Nations COP29 summit on Sunday, but their objection was raised after the deal was formally adopted by consensus.
“I regret to say that this document is nothing more than an optical illusion. This, in our opinion, will not address the enormity of the challenge we all face. Therefore, we oppose the adoption of this document,” Indian delegation representative Chandni Raina told the closing plenary session of the summit.
UN secretary general says more work needed on COP29 finance deal
- Final deal commits developed nations to pay at least $300 billion a year by 2035 to help developed countries green their economies and prepare for worse disasters
- Climate chief Simon Stiell says it was “no time for victory laps”
UNITED NATIONS/BAKU, Azerbaijan: UN Secretary-General Antonio Guterres expressed concern that the climate finance deal agreed early Sunday in Azerbaijan did not go far enough, as he urged nations to view it as a “foundation” on which to build.
“I had hoped for a more ambitious outcome — on both finance and mitigation — to meet the great challenge we face,” Guterres said in a statement, adding that he is appealing “to governments to see this agreement as a foundation — and build on it.”
After two exhaustive weeks of negotiations, the final deal commits developed nations to pay at least $300 billion a year by 2035 to help developed countries green their economies and prepare for worse disasters.
That is up from $100 billion now provided by wealthy countries under a commitment set to expire — and from the $250 billion proposed in an earlier draft Friday.
The deal “must be honored in full and on time,” Guterres said.
“Commitments must quickly become cash. All countries must come together to ensure the top-end of this new goal is met.”
He called on countries to deliver new economy-wide climate action plans “well ahead of COP30 — as promised.”
“The end of the fossil fuel age is an economic inevitability. New national plans must accelerate the shift, and help to ensure it comes with justice,” he said, closing with a message to activists pushing for more to “keep it up.”
“The United Nations is with you. Our fight continues. And we will never give up,” Guterres said.
‘No time for victory laps’
UN climate chief Simon Stiell on Sunday said it was “no time for victory laps” after nations at COP29 in Azerbaijan agreed a bitterly negotiated finance deal.
“No country got everything they wanted, and we leave Baku with a mountain of work still to do. So this is no time for victory laps,” Stiell said in a statement.
Mass rape trial sparks demonstrations across France
- Police sources said 35,000 people had turned out across the country, while organizers put the figure at 100,000
PARIS: Tens of thousands demonstrated in major French cities Saturday against violence targeting women, as campaigners push for the country to learn from a mass rape trial that has shocked the public.
The prosecution in the southern city Avignon is in its final stages for 51 men, including one who drugged his wife over the course of a decade and dozens of others charged with accepting his invitations to abuse her at their home.
Out on the street, “the more of us there are, the more visible we are, this is everyone’s business, not just women,” said Peggy Plou, an elected official from the Indre-et-Loire region in western France who had made the trip to Paris.
Thousands of people marched in the capital alone, mostly women but including some children and men. Police put the turnout there at 12,500, while organizers said 80,000.
Police sources said 35,000 people had turned out across the country, while organizers put the figure at 100,000.
Hundreds also turned out in other major cities including Marseille in the south, Lille in the northeast and Rennes in the northwest. Local officials in Bordeaux, in the southwest, put the turnout there at 1,600.
Many demonstrators carried signs with variations on the slogan “Shame must switch sides,” popularised by the plaintiff in the Avignon trial, Gisele Pelicot.
She has become a feminist hero for choosing public hearings in her case rather than a trial behind closed doors, despite their painful content.
“A law about consent must be put in place very quickly. Just because someone doesn’t say something, doesn’t mean that they agree” to sexual contact, said Marie-Claire Abiker, 78, a retired nurse who marched in Paris.
France’s legal definition of rape calls it “any act of sexual penetration... by violence, constraint, threats or surprise” but includes no language about consent — a key demand of women’s rights groups especially since the MeToo movement launched in the late 2010s.
“In 2018, there were basically only women (demonstrating). Today there are, let’s say, 30 percent men. That’s really great news,” said Amy Bah, a member of the NousToutes (All of us women) feminist group protesting in Lille.
“I feel like this is my business too, we each have our role to play, especially men,” said Arnaud Garcette, 38, at the Marseille demonstration in the city’s historic port with his two children.
“We’re at the source of the problem, and at the source of the solutions too,” he added.
The demonstrations, called by more than 400 campaign groups, come two days before the International Day for the Elimination of Violence Against Women on Monday.
Equality Minister Salima Saa has promised “concrete and effective” measures to coincide with the global day.
According to a report in Sunday’s Tribune Dimanche weekly, Prime Minister Michel Barnier will announce measures including increased training for police officers and more support for victims of domestic violence who leave their home.
The campaigners who organized Saturday’s protests are calling for more far-reaching measures, including a dedicated 2.6 billion-euro ($2.7 billion) budget and a stronger legal framework to tackle the problem.
During his first term as French president, Emmanuel Macron vowed to prioritize the cause of equality between men and women and to work to eliminate violence against women.
US reels from rain, snow as second round of bad weather approaches for Thanksgiving week
- A winter storm warning in California’s Sierra Nevada on Saturday was in effect through Tuesday, according to the National Weather Service’s Sacramento office, with heavy snow expected at higher elevations and wind gusts potentially reaching 55 mph (88 kph
WINDSOR, California: The US was reeling from snow and rain on Saturday with a second round of bad weather threatening to disrupt holiday travel ahead of Thanksgiving. A person was found dead in a vehicle submerged in floodwaters in California, which braced for more precipitation while still grappling with flooding and small landslides from a previous storm. And thousands in the Pacific Northwest remained without power after multiple days in the dark.
A winter storm warning in California’s Sierra Nevada on Saturday was in effect through Tuesday, according to the National Weather Service’s Sacramento office, with heavy snow expected at higher elevations and wind gusts potentially reaching 55 mph (88 kph). Total snowfall of roughly 4 feet (1.2 meters) was forecast, with the heaviest accumulations coming Monday and Tuesday.
Forecasters said the Midwest and Great Lakes regions will see rain and snow Monday, and the East Coast will be the most impacted on Thanksgiving and Black Friday.
A low pressure system will bring rain to the Southeast early Thursday before heading to the Northeast, where areas from Boston to New York could see rain and strong winds. Parts of northern New Hampshire, northern Maine and the Adirondacks could get snow. If the system tracks further inland, the forecast would call for less snow for the mountains and more rain.
Deadly ‘bomb cyclone’ on West Coast
The storm on the West Coast arrived in the Pacific Northwest earlier this week, killing two people and knocking out power to hundreds of thousands, mostly in the Seattle area, before its strong winds moved through Northern California. The system roared ashore on the West Coast on Tuesday as a ” bomb cyclone,” which occurs when a cyclone intensifies rapidly. It unleashed fierce winds that toppled trees onto roads, vehicles and homes.
Santa Rosa, California, saw its wettest three-day period on record with about 12.5 inches (32 centimeters) of rain falling by Friday evening, according to the National Weather Service in the Bay Area. On Saturday vineyards in Windsor, about 10 miles (16 kilometers) to the north, were flooded.
To the west, rescue crews in Guerneville recovered a body inside a vehicle bobbing in floodwaters around 11:30 a.m. Saturday, according to Rob Dillion, a Sonoma County sheriff’s deputy and spokesperson. The deceased was presumed to be a victim of the storm, but an autopsy had not yet been conducted.
Dominick Conti, a 19-year-old volunteer firefighter, and a friend drove around the Santa Rosa area Friday helping people whose vehicles were swamped. With his 2006 Dodge Ram pickup truck and a set of ropes, they were able to rescue the driver of a sedan that stalled out in water, a truck stuck in a giant mudhole and a farmer stranded on a dirt road.
Tens of thousands remain without power in Seattle area
Some 80,000 people in the Seattle area were still without electricity after this season’s strongest atmospheric river — a long plume of moisture that forms over an ocean and flows over land. Crews worked to clear streets of downed lines, branches and other debris, while cities opened warming centers so people heading into their fourth day without power could get warm food and plug in their cellphones and other devices.
The power came back in the afternoon at Katie Skipper’s home in North Bend, about 30 miles (50 kilometers) east of the city in the foothills of the Cascades, after being out since Tuesday. It was tiring to take cold showers, rely on a wood stove for warmth and use a generator to keep the refrigerator cold, Skipper said, but those inconveniences paled in comparison to the damage other people suffered, such as from fallen trees.
“That’s really sad and scary,” she said.
Northeast gets much-needed precipitation
Another storm brought rain to New York and New Jersey, where rare wildfires have raged in recent weeks, and heavy snow to northeastern Pennsylvania. Parts of West Virginia were under a blizzard warning through Saturday morning, with up to 2 feet (61 centimeters) of snow and high winds making travel treacherous.
Despite the mess, the precipitation was expected to help ease drought conditions after an exceptionally dry fall.
“It’s not going to be a drought buster, but it’s definitely going to help when all this melts,” said Bryan Greenblatt, a National Weather Service meteorologist in Binghamton, New York.
Heavy snow fell in northeastern Pennsylvania, including the Pocono Mountains. Higher elevations reported up to 17 inches (43 centimeters), with lesser accumulations in valley cities like Scranton and Wilkes-Barre. Less than 80,000 customers in 10 counties lost power, and the state transportation department imposed speed restrictions on some highways.
Parts of West Virginia also experienced their first significant snowfall of the season Friday and overnight Saturday, with up to 10 inches (25.4 centimeters) in the higher elevations of the Allegheny Mountains. Some areas were under a blizzard warning.
The precipitation helped put a dent in the state’s worst drought in at least two decades. It also was a boost for West Virginia ski resorts preparing to open their slopes in the weeks ahead.