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Paul Merrell

Sanctuary Cities Have Upper Hand in Legal Battle Against Trump | News | teleSUR English - 0 views

  • As U.S. President Donald Trump ramps up his attack on immigration, his executive order to cut federal funding to so-called “sanctuary cities” protecting immigrants could face a number of legal and logistical loopholes.
  • The executive order signed on Wednesday orders federal agencies to withhold grant money from around 300 cities and counties that block local law enforcement from targeting undocumented immigrants, or as White House Press Secretary Sean Spice put it, “harbor illegal immigrants.” Spicer said that Trump will look at means to strip funding to cities and counties that “willfully refuse to comply” with his new plan to crack down on immigration, which also included ordering the construction of the infamous border wall between Mexico and the U.S. and increasing immigration authorities' power to deport people from the U.S., often without due process. These measures have sparked outrage among many immigrant rights organizations and caused city mayors to speak out against them. Opponents likely have the law on their side. Politico reported that the White House failed to consult the proper federal agencies and lawmakers before signing the executive orders. This means the orders are likely fraught with contradictions to current laws that can be easily exploited by opponents to dismantle them. The legal fight has already begun. Mayors of targeted cities are teaming up with immigration advocacy groups and attorneys to gear up for a legal battle against the presidential orders. Opponents of Trump’s order say that federal money allocated to cities can only be cut if the funding is directly linked to behavior that opposes the federal government’s plan for immigration.
  • Trump's plan to make police and other key services exempt from any funding cuts has also sparked legal debate. Trump had previously stated that even if a city was stripped of funding for non-compliance, police departments' funding would not be cut. Opponents also say that making police exempt would make it possible for a judge to deem parts of the order unconstitutional. Richard Doyle, city attorney in San Jose, California, argues that Trump cannot cut a city's funding for healthcare and education while protecting the police force from cuts because its function relates more closely to immigration enforcement, adding that it was uncertain whether only future or existing federal funding would be targeted under the order. Others have argued that there would be significant barriers and a long process for the federal government to cut off funding to sanctuary cities that would first have to go through states and local government where targeted jurisdictions have rights to appeal. Edward Waters from Feldesman Tucker Leifer Fidell in Washington told Reuters that for the Trump administration, “It’s fair to say that they don't understand the scope and reach of federal grants law.”
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  • “The president has very limited power to exercise any kind of significant defunding,” Peter L. Markowitz from the Immigration Justice Clinic told The New York Times. Referring to a 2012 Supreme Court ruling, Markowitz argued that Congress cannot coerce states or localities to unwillfully participate in federal programs. “You can’t say ‘if you don’t use your police officers to go after unauthorized immigrants, you don’t get any money for your hospitals.’ They can’t impose conditions that are totally unrelated,” Markowitz said.
  • As U.S. President Donald Trump ramps up his attack on immigration, his executive order to cut federal funding to so-called “sanctuary cities” protecting immigrants could face a number of legal and logistical loopholes.
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    Trump needs lawyers. He's screwing up right and left.
Gary Edwards

The Civil War is Here | Frontpage Mag - 0 views

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    "Daniel Greenfield, a Shillman Journalism Fellow at the Freedom Center, is a New York writer focusing on radical Islam. A civil war has begun. This civil war is very different than the last one. There are no cannons or cavalry charges. The left doesn't want to secede. It wants to rule. Political conflicts become civil wars when one side refuses to accept the existing authority. The left has rejected all forms of authority that it doesn't control. The left has rejected the outcome of the last two presidential elections won by Republicans. It has rejected the judicial authority of the Supreme Court when it decisions don't accord with its agenda. It rejects the legislative authority of Congress when it is not dominated by the left. It rejected the Constitution so long ago that it hardly bears mentioning.   It was for total unilateral executive authority under Obama. And now it's for states unilaterally deciding what laws they will follow. (As long as that involves defying immigration laws under Trump, not following them under Obama.) It was for the sacrosanct authority of the Senate when it held the majority. Then it decried the Senate as an outmoded institution when the Republicans took it over. It was for Obama defying the orders of Federal judges, no matter how well grounded in existing law, and it is for Federal judges overriding any order by Trump on any grounds whatsoever. It was for Obama penalizing whistleblowers, but now undermining the government from within has become "patriotic". There is no form of legal authority that the left accepts as a permanent institution. It only utilizes forms of authority selectively when it controls them. But when government officials refuse the orders of the duly elected government because their allegiance is to an ideology whose agenda is in conflict with the President and Congress, that's not activism, protest, politics or civil disobedience; it's treason. After losing Congress, the left consolidated
Paul Merrell

Trump administration sues California over sanctuary laws | The Sacramento Bee - 0 views

  • The Trump administration on Tuesday sued California over its sanctuary policies for undocumented immigrants, setting off a chorus of near-unanimous defiance from California lawmakers.
  • The lawsuit, filed Tuesday evening in the U.S. Eastern District of California, marks a turning point in the ongoing battle between the Trump administration and state and local jurisdictions over how far cities and states can go to block their officers from enforcing federal immigration law. The suit targets three California laws – Senate Bill 54, Assembly bill 450 and Assembly bill 103 – that the federal government say violate the supremacy clause of the U.S. Constitution and interfere with the enforcement of federal immigration laws.
  • “The Trump administration is now going on the offense and is going to use any tools in its tool box to enforce immigration laws,” said a U.S. source who has spoken about the plans with senior administration officials. “They have no expectation in winning in District Court or the 9th Circuit. This is a case that is intended to be ultimately successful in the Supreme Court.”
Paul Merrell

US websites should inform EU citizens about NSA surveillance, says report - 0 views

  • All existing data sharing agreements between Europe and the US should be revoked, and US web site providers should prominently inform European citizens that their data may be subject to government surveillance, according to the recommendations of a briefing report for the European Parliament. The report was produced in response to revelations about the US National Security Agency (NSA) snooping on internet traffic, and aims to highlight the subsequent effect on European Union (EU) citizens' rights.
  • The report warns that EU data protection authorities have failed to understand the “structural shift of data sovereignty implied by cloud computing”, and the associated risks to the rights of EU citizens. It suggests “a full industrial policy for development of an autonomous European cloud computing capacity” should be set up to reduce exposure of EU data to NSA surveillance that is undertaken by the use of US legislation that forces US-based cloud providers to provide access to data they hold.
  • To put pressure on the US government, the report recommends that US websites should ask EU citizens for their consent before gathering data that could be used by the NSA. “Prominent notices should be displayed by every US web site offering services in the EU to inform consent to collect data from EU citizens. The users should be made aware that the data may be subject to surveillance by the US government for any purpose which furthers US foreign policy,” it said. “A consent requirement will raise EU citizen awareness and favour growth of services solely within EU jurisdiction. This will thus have economic impact on US business and increase pressure on the US government to reach a settlement.”
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  • Other recommendations include the EU offering protection and rewards for whistleblowers, including “strong guarantees of immunity and asylum”. Such a move would be seen as a direct response to the plight of Edward Snowden, the former NSA analyst who leaked documents that revealed the extent of the NSA’s global internet surveillance programmes. The report also says that, “Encryption is futile to defend against NSA accessing data processed by US clouds,” and that there is “no technical solution to the problem”. It calls for the EU to press for changes to US law.
  • “It seems that the only solution which can be trusted to resolve the Prism affair must involve changes to the law of the US, and this should be the strategic objective of the EU,” it said. The report was produced for the European Parliament committee on civil liberties, justice and home affairs, and comes before the latest hearing of an inquiry into electronic mass surveillance of EU citizens, due to take place in Brussels on 24 September.
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    Yee-haw! E.U. sanctuary and rewards for NSA whistle-blowers. Mandatory warnings for customers of U.S. cloud services that their data may be turned over to the NSA. Pouring more gasoline on the NSA diplomatic fire. 
Paul Merrell

ICE has struck a deal to track license plates across the US - The Verge - 0 views

  • The Immigration and Customs Enforcement (ICE) agency has officially gained agency-wide access to a nationwide license plate recognition database, according to a contract finalized earlier this month. The system gives the agency access to billions of license plate records and new powers of real-time location tracking, raising significant concerns from civil libertarians. The source of the data is not named in the contract, but an ICE representative said the data came from Vigilant Solutions, the leading network for license plate recognition data. “Like most other law enforcement agencies, ICE uses information obtained from license plate readers as one tool in support of its investigations,” spokesperson Dani Bennett said in a statement. “ICE is not seeking to build a license plate reader database, and will not collect nor contribute any data to a national public or private database through this contract.”
  • While it collects few photos itself, Vigilant Solutions has amassed a database of more than 2 billion license plate photos by ingesting data from partners like vehicle repossession agencies and other private groups. Vigilant also partners with local law enforcement agencies, often collecting even more data from camera-equipped police cars. The result is a massive vehicle-tracking network generating as many as 100 million sightings per month, each tagged with a date, time, and GPS coordinates of the sighting.
  • ICE agents would be able to query that database in two ways. A historical search would turn up every place a given license plate has been spotted in the last five years, a detailed record of the target’s movements. That data could be used to find a given subject’s residence or even identify associates if a given car is regularly spotted in a specific parking lot. “Knowing the previous locations of a vehicle can help determine the whereabouts of subjects of criminal investigations or priority aliens to facilitate their interdiction and removal,” an official privacy assessment explains. “In some cases, when other leads have gone cold, the availability of commercial LPR data may be the only viable way to find a subject.” ICE agents can also receive instantaneous email alerts whenever a new record of a particular plate is found — a system known internally as a “hot list.” (The same alerts can also be funneled to the Vigilant’s iOS app.) According to the privacy assessment, as many as 2,500 license plates could be uploaded to the hot list in a single batch, although the assessment does not detail how often new batches can be added. With sightings flooding in from police dashcams and stationary readers on bridges and toll booths, it would be hard for anyone on the list to stay unnoticed for long. Those powers are particularly troubling given ICE’s recent move to expand deportations beyond criminal offenders, fueling concerns of politically motivated enforcement. In California, state officials have braced for rumored deportation sweeps targeted at sanctuary cities. In New York, community leaders say they’ve been specifically targeted for deportation as a result of their activism. With automated license plate recognition, that targeting would only grow more powerful. For civil liberties groups, the implications go far beyond immigration.
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  • The new license plate reader contract comes after years of internal lobbying by the agency. ICE first tested Vigilant’s system in 2012, gauging how effective it was at locating undocumented immigrants. Two years later, the agency issued an open solicitation for the technology, sparking an outcry from civil liberties group. Homeland Security secretary Jeh Johnson canceled the solicitation shortly afterward, citing privacy concerns, although two field offices subsequently formed rogue contracts with Vigilant in apparent violation of Johnson’s policy. In 2015, Homeland Security issued another call for bids, although an ICE representative said no contract resulted from that solicitation. As a result, this new contract is the first agency-wide contract ICE has completed with the company, a fact that is reflected in accompanying documents. On December 27th, 2017, Homeland Security issued an updated privacy assessment of license plate reader technology, a move it explained was necessary because “ICE has now entered into a contract with a vendor.” The new system places some limits on ICE surveillance, but not enough to quiet privacy concerns. Unlike many agencies, ICE won’t upload new data to Vigilant’s system but simply scan through the data that’s already there. In practical terms, that means driving past a Vigilant-linked camera might flag a car to ICE, but driving past an ICE camera won’t flag a car to everyone else using the system. License plates on the hot list will also expire after one year, and the system retains extensive audit logs to help supervisors trace back any abuse of the system. Still, the biggest concern for critics is the sheer scale of Vigilant’s network, assembled almost entirely outside of public accountability. “If ICE were to propose a system that would do what Vigilant does, there would be a huge privacy uproar and I don’t think Congress would approve it,” Stanley says. “But because it’s a private contract, they can sidestep that process.”
Paul Merrell

Pentagon fears blowback from 'humane' Guantánamo video release | The Miami He... - 0 views

  • A Pentagon official is invoking the revulsion of Muslims worldwide over images of U.S. Marines urinating on corpses to predict the global backlash at seeing videos of Guantánamo troops hauling a captive to force-feedings.The Justice Department included the declaration in a renewed bid to prevent the public from seeing 32 videos made by U.S. forces at the detention center in Cuba. “While the videos at issue in this litigation do not in my opinion depict any improper treatment of the detainees, but rather the lawful, humane and appropriate interaction between guards and detainees,” wrote U.S. Navy Rear Adm. Sinclair Harris, “persons and entities hostile to the United States and its detention of enemy belligerents at Guantánamo Bay are likely to think otherwise.”Harris is vice director of operations at the Department of Defense Joint Staff, and said he had watched some of the videos — which lawyers say portray troops forcing captive Abu Wa’el Dhiab to tube feedings. The admiral said he concluded the images could be used for propaganda purposes to stoke anti-American sentiment and put U.S. citizens at risk in Iraq and Afghanistan.
  • Dhiab, 43, was cleared for release from Guantánamo years ago but can’t be repatriated to his native Syria, a nation now wracked with Islamic State violence. Instead, Uruguay has offered him sanctuary in a deal that was sidelined first by the Pentagon then by that South American nation’s elections. He has been protesting by hunger striking.Dhiab wants the videos released, according to one of his attorneys, Cori Crider, and so does a consortium of 16 media organizations, which petitioned a federal court in Washington, D.C. On Oct. 3, Judge Gladys Kessler ordered the U.S. government to obscure the faces and identities in the videos of everyone but the captive, then make them public. Tuesday, U.S. government lawyers notified Kessler’s court that it would file an appeal.
  • Dhiab’s attorney argues that ugly optics are no excuse.“I’ve seen the videos — and of course they’re upsetting,” Crider said Wednesday by email from Reprieve, a London-based law firm that represents Dhiab at no charge. “But that’s no reason to hide the truth from Americans.” “By that logic, think of all the government scandals that never would have seen the light of day,” she added, citing the 2003 photos of guards abusing detainees at Abu Ghraib prison in Iraq and images of the 1968 My Lai massacre that “changed the conversation about Vietnam.”Reprieve’s legal team discovered there were recordings during a forced-feeding challenge; the detention center says it has since discontinued taping the tube feedings for reasons of patient privacy.
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  • Harris suggested the videos could lead to the “perceived mistreatment of individuals,” and serve as a recruiting tool for the Islamic State. In his declaration he noted that South Florida journalist Steven Sotloff was forced by his captors to make an anti-Guantánamo statement before he was beheaded earlier this year. When Sotloff was killed, he was clad in an orange jumpsuit that has come to symbolize the prison in southeast Cuba.
  • Harris argued against release based on “prior experience from the release of certain provocative photographs and information.” He noted that “in 2012 the release of a video depicting Marines urinating on the corpses of alleged Taliban members was used as a recruitment tool for the Taliban and led to an Afghan soldier attacking and killing French troops.”It is not known when the U.S. Court of Appeals for the District of Columbia Circuit would take up the Justice Department appeal because Tuesday’s filing was not the appeal itself but notice to the court that the Obama administration was appealing Kessler’s release order.Separately, the prison camps commander Navy Rear Adm. Kyle Cozad, argued that disclosure of the videos would tip captives to certain techniques used by its tackle-and-shackle squad of soldiers — something Judge Kessler ridiculed in her ruling as “implausible” because the captives experience what is portrayed in the videos.
  • Cozad, however, suggested in a heavily redacted 13-page sworn statement that if the videos are released he might restrict access to news media in the cellblocks, a popular distraction at the detention center that the admiral characterized as “important for intellectual stimulation and overall morale.”He also listed a series of assaults that apparently occurred since he took over this summer, including a captive who resisted his force-feeding by biting a guard and another who hit a soldier in the face with a handcuffed fist.He called the videos a useful tool for the prison, saying staff likened them to “an NFL team watching video of the previous week’s football game to determine what plays worked well, what they did wrong, and what they could do better during the next game.”
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    If DOJ does not win its appeal, watch for the GITMO prisoner to be suddenly released in order to moot his case so the video doesn't have to be disclosed.  
Paul Merrell

Trump's Immigration Order Expands the Definition of 'Criminal' - The New York Times - 1 views

  • After President Trump signed two sweeping executive orders on immigration on Wednesday, most of the attention was on his plans to build a wall along the border with Mexico and to hold back money from “sanctuary cities.” But the most immediate effect may come from language about deportation priorities that is tucked into the border wall order. It offers an expansive definition of who is considered a criminal — a category of people Mr. Trump has said he would target for deportation. Immigration agents will now have wider latitude to enforce federal laws and are being encouraged to deport broad swaths of unauthorized immigrants.
  • Each presidential administration must decide who it considers a priority for deportation. Mr. Trump’s order focuses on anyone who has been charged with a criminal offense, even if it has not led to a conviction. He also includes, according to language in the order, anyone who has “committed acts that constitute a chargeable criminal offense,” meaning anyone the authorities believe has broken any type of law — regardless of whether that person has been charged with a crime.Mr. Trump’s order also includes anyone who has engaged in “fraud or willful misrepresentation in connection with any official matter or application before a governmental agency,” a category that includes anyone who has used a false Social Security number to obtain a job, as many unauthorized immigrants do. Anyone who has received a final order to leave the country, but has not left, is also considered a priority.Finally, he allows the targeting of anyone who “in the judgment of an immigration officer” poses a risk to either public safety or national security. That gives immigration officers the broad authority they have been pressing for, and no longer requires them to receive a review from a supervisor before targeting individuals.
  • The order defines criminal loosely, and includes anyone who has crossed the border illegally — which is a criminal misdemeanor. Anyone who has abused any public benefits program is also considered a criminal under the order.The Obama administration, which deported nearly 400,000 people per year during its first five years, initially included those convicted of minor offenses such as shoplifting. But it later changed its policy to target primarily those who had been convicted of serious crimes, were considered national security threats or were recent arrivals. By the end of President Barack Obama’s time in office, around 90 percent of the country’s 11 million undocumented immigrants were not considered a priority for deportation. According to the Migration Policy Institute, a nonpartisan think tank, roughly 820,000 undocumented immigrants currently have a criminal record.
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