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US Supreme Court hears challenge to Biden admin immigration policy

| By AFP | Chris Lefkow |

The US Supreme Court heard arguments on Tuesday in a case brought by border state Texas challenging the federal government’s right to decide which undocumented migrants should be targeted for deportation.

Defending the Biden’s administration’s policy, Solicitor General Elizabeth Prelogar said the federal government has to prioritize its efforts because it does not have the resources to pursue the 11 million undocumented “noncitizens” in the country.

“This is not about reducing enforcement of the immigration laws, it’s about prioritizing limited resources to say go after Person A instead of Person B,” Prelogar said.

After more than two hours of arguments, the nine justices on the conservative-majority court did not appear to fall clearly on one side or the other of the case, which also raises thorny questions of the legality of state challenges to federal policies.

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“It means that states can challenge the federal government on any policy with which they disagree,” Prelogar said. “Federal courts should not be transformed into open forums for each and every policy dispute between the states and the national government.”

Texas filed suit after the Department of Homeland Security, in a September 2021 memo, instructed US Immigration and Customs Enforcement (ICE) to concentrate expulsion efforts on persons who “pose a threat to national security, public safety, and border security.”

“We do not have the resources to apprehend and seek the removal of every one of these noncitizens,” Homeland Security Secretary Alejandro Mayorkas said. “Therefore, we need to exercise our discretion and determine whom to prioritize for immigration enforcement action.”

Texas solicitor general Judd Stone said prioritizing expulsion of undocumented migrants to certain categories of persons would impose costs on the state, which shares a border with Mexico and is an entry point for hundreds of thousands of immigrants every year.

“Texas suffers injuries, regardless of what it does, whether it detains, releases or paroles individuals because we have not only law enforcement costs, but social services costs and very serious threats of recidivism,” Stone said.

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‘Zenith of federal power’

Elena Kagan, one of the three liberal justices on the court, appeared skeptical about the costs argument and the potential danger of limiting federal authority.

“Immigration policy is supposed to be the zenith of federal power,” Kagan said. “And instead, we’re creating a system where a combination of states and courts can bring immigration policy to a dead halt.

“We’re going to be in a situation where every administration is confronted by suits by states that can, you know, bring a policy to a dead halt, to a dead stop, by just showing a dollars worth of costs,” Kagan said.

Conservative Justice Brett Kavanaugh asked the Texas solicitor general what would happen if the court rules in favor of Texas, whose Republican governor has been sending busloads of immigrants to Democratic-ruled states.

“If you prevail here, what will happen?” Kavanaugh said. “That’s a concern because I’m not sure much will change because they don’t have the resources to change.”

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The Biden administration’s move to target individuals considered a threat to national security or public safety for deportation represented a shift from the policy of the administration of former president Donald Trump, which called for the expulsion of “all removable aliens.”

The Biden policy was immediately challenged by several Republican-led states as being too narrow and was blocked by a court in Texas.

The Supreme Court is expected to issue its ruling by the end of June.

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International

Uribe requests freedom amid appeal of historic bribery conviction

Former Colombian President Álvaro Uribe on Monday requested that the Supreme Court restore his freedom while he appeals the historic 12-year house arrest sentence he received for bribery and procedural fraud.

Uribe, the most prominent figure of Colombia’s right wing, was convicted last week by a lower court for attempting to bribe paramilitary members into denying his ties to the violent anti-guerrilla squads.

Since Friday, the 73-year-old has been under house arrest at his residence in Rionegro, about 30 km from Medellín. The judge justified the measure by citing a risk of flight.

However, Uribe’s defense team rejected that argument and formally petitioned the court to immediately lift the detention order, claiming it lacks legal basis.

Uribe, a dominant force in Colombian politics for decades, is now the first former president in the country’s history to be convicted and placed under arrest, found guilty of witness tampering and obstruction of justice to prevent links to paramilitary groups.

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He has repeatedly denounced the trial as politically motivated, blaming pressure from the leftist government currently in power.

His political party, Centro Democrático, has called for nationwide protests on August 7 in support of Uribe, who remains popular for his hardline stance against guerrilla groups.

Uribe has until August 13 to submit his written appeal. The case will then move to the Bogotá High Court, which has until October 16 to uphold, overturn, or dismiss the sentence. If the deadline passes without a decision, the case will be archived.

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International

U.S. Embassy staff restricted as gunfire erupts near compound in Port-au-Prince

The poorest country in Latin America and the Caribbean is currently engulfed in a deep political crisis and a wave of violence driven by armed groups — a situation that an international security mission led by Kenya is attempting to stabilize.

Due to the worsening security conditions, the U.S. government has suspended all official movements of embassy personnel outside the compound in Port-au-Prince, the U.S. State Department announced Monday in a security alert posted on social media platform X.

“There are intense gunfights in the Tabarre neighborhood, near the U.S. Embassy,” the alert reads, urging the public to avoid the area.

Tabarre is a municipality located near Port-au-Prince International Airport, northeast of the Haitian capital.

According to a July report by the UN High Commissioner for Human Rights, at least 3,141 people were killed in Haitibetween January 1 and June 30 of this year.

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International

Israel says 136 food aid boxes airdropped into Gaza by six nations

The Israeli military announced on Sunday that 136 boxes of food aid were airdropped into Gaza by the United Arab Emirates, Jordan, Egypt, Germany, and Belgium.

“In recent hours, six countries conducted air drops of 136 aid packages containing food for residents in the southern and northern Gaza Strip,” read the statement, which added that the operation was coordinated by COGAT, the Israeli defense body overseeing civil affairs in the occupied Palestinian territories.

The Israeli military emphasized that they will “continue working to improve the humanitarian response alongside the international community” and reiterated their stance to “refute false allegations of deliberate famine in Gaza.”

The announcement comes as UN agencies warn Gaza faces an imminent risk of famine. More than one in three residents go days without eating, and other nutrition indicators have dropped to their worst levels since the conflict began.

The agencies also noted the difficulty of “collecting reliable data in current conditions, as Gaza’s health systems —already devastated by nearly three years of conflict— are collapsing.”

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Meanwhile, Gaza’s Hamas-run Health Ministry reported on Sunday that hospitals in the enclave recorded six deaths from hunger and malnutrition on Saturday, all of them adults.

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