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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

Ukraine declares nationwide energy emergency amid russian attacks and extreme cold

The Ukrainian government on Wednesday declared a nationwide energy state of emergency amid continued Russian military attacks and extreme winter weather, with nighttime temperatures dropping as low as minus 18 degrees Celsius.

“The consequences of Russian attacks and worsening weather conditions are severe (…) Overall, a state of emergency will be declared for Ukraine’s energy sector,” Ukrainian President Volodymyr Zelensky said in a statement posted on social media following a meeting with senior officials.

Zelensky announced the creation of a “permanent coordination headquarters” to manage the crisis in the capital, Kyiv, and tasked former defence minister and current energy chief Denys Shmyhal with overseeing support efforts for affected individuals and communities, including addressing power outages, heating shortages and other “practical issues.”

“There are many problems that require urgent solutions,” the president said, noting that repair crews, energy companies, municipal services and the State Emergency Service are working “around the clock” to restore electricity supplies. Kyiv has been particularly affected after Russian strikes last Friday disabled key parts of the power grid, as daytime temperatures hover around minus 12 degrees Celsius and plunge to minus 18 at night.

Zelensky added that public authorities will “maximize efforts with partners to obtain the necessary equipment and additional support,” while the government will ensure “maximum deregulation of all processes” to speed up the connection of backup power equipment to the grid. He also confirmed that work is underway to significantly increase electricity imports into Ukraine.

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The Ukrainian leader further instructed his Cabinet to review curfew regulations in light of the extreme cold, arguing that citizens must have the greatest possible access to assistance centers, while businesses should be given flexibility to plan their operations according to the state of the energy system.

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International

France joins Denmark’s ‘Operation Arctic Resistance’ in Greenland amid U.S. tensions

French President Emmanuel Macron confirmed in the early hours of Thursday (Wednesday afternoon in El Salvador) that France will take part in “Operation Arctic Resistance,” after Denmark announced it would expand its military presence in Greenland amid rising tensions with the United States over Washington’s stated ambitions regarding the semi-autonomous territory.

“At Denmark’s request, I have decided that France will participate in the joint exercises organized by Denmark in Greenland, ‘Operation Arctic Resistance,’” Macron said in a brief message posted on social media at 5:18 p.m.

The French president added that “the first French military elements are already on their way, with others to follow,” though he did not specify the number of troops being deployed or the scale of France’s planned contribution.

The governments of Sweden, Norway and Germany have also confirmed the deployment of military contingents to Greenland. Germany’s armed forces will send a 13-member reconnaissance team to the Greenlandic capital, Nuuk, to take part in a mission scheduled to run from Thursday through Saturday, according to the German Ministry of Defence.

Denmark’s announcement came shortly before a Danish delegation met at the White House with U.S. Vice President JD Vance and Secretary of State Marco Rubio to discuss Washington’s plans regarding Greenland. Copenhagen said the military activities would be carried out “in close cooperation with NATO allies.”

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International

Iran closes airspace amid U.S. threats and deadly nationwide protests

Iranian authorities closed the country’s airspace in the early hours of Thursday, according to data from flight-tracking website FlightRadar24, amid growing threats of a possible U.S. attack as protests across the country continue and have reportedly left thousands dead.

According to FlightRadar24, the Iranian government suspended all flights to and from the country, except for international flights that have received special authorization. The notice was initially issued for a duration of just over two hours.

The move comes after U.S. President Donald Trump in recent days threatened to strike Iran if its security forces failed to halt the deaths linked to weeks-long protests that began in Tehran and later spread to other Iranian cities. Despite the threats, the White House said diplomacy remains Trump’s preferred option.

Speaking from the Oval Office on Wednesday, Trump claimed that “the deaths in Iran have stopped” and said there would be no executions of protesters following his warnings to Tehran. He added that his administration would seek to verify those claims.

“I’ve been told the deaths in Iran are stopping. They’ve stopped, and that there are no plans for executions,” Trump told reporters, cautioning that the United States would be “very upset” if those assurances proved to be untrue.

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The statements contrast with reports from rights groups. The Norway-based NGO Iran Human Rights (IHRNGO) said on Wednesday that more than 3,400 people have been killed since the protests erupted. Meanwhile, Kurdish-Iranian rights group Hengaw reported this week that a 26-year-old Iranian man, Erfan Soltani, was facing execution as of Wednesday.

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