U.S. District Judge Andrew S. Hanen issued an injunction yesterday against programs announced by President Obama last November that would shield millions of undocumented immigrants from deportation. Led by Texas, twenty-six states are suing the federal government over the programs, arguing that President Obama had acted beyond the boundaries of his legal authority and that the programs would create significant new costs for states. In a statement, Texas Attorney General Ken Paxton said, “This injunction makes it clear that the president is not a law unto himself, and must work with our elected leaders in Congress and satisfy the courts in a fashion our Founding Fathers envisioned.” Thirteen states, the District of Columbia, 33 mayors, and the Conference of Mayors have filed an amicus brief in support of the federal government.
In a 123-page opinion that accompanied the injunction, Judge Hanen did not rule on the legality of the programs, Deferred Action for Parents of Americans (DAPA) and the expansion of Obama’s 2012 Deferred Action for Childhood Arrivals (DACA). However, he wrote that, by failing to provide the notice-and-comment period customary in federal rulemaking, the administration did not meet the requirements of the Administrative Procedure Act. He also noted that the injunction was needed to make time for a full trial on the case. “There will be no effective way of putting the toothpaste back in the tube” if the program were to start before a final ruling, he wrote. The government was due to begin receiving applications for the expanded DACA program on Wednesday.
The White House has indicated that it will appeal the decision at the Fifth U.S. Circuit Court of Appeals. A statement released by the White House early today said, “The district court’s decision wrongly prevents these lawful, common-sense policies from taking effect and the Department of Justice has indicated that it will appeal that decision.” The administration is also widely expected to seek an emergency stay of the injunction, though it is unlikely that a stay will be granted before the application phase of the DACA expansion was due to begin.
Meanwhile, Congress is currently dead-locked over attempts by Republican lawmakers in the House of Representatives to make the rollback of Obama’s executive actions on immigration a condition for funding the Department of Homeland Security. The department’s current funding expires on February 27.
In a primetime address to the nation last night, President Obama announced sweeping executive action on immigration. The president’s plans include a new deferred action program that will reportedly protect as many as 5 million undocumented immigrants from deportation. “Our immigration system is broken, and everybody knows it,” Obama said.
The announcement belatedly fulfills the president’s promise to issue executive orders on immigration in the face of Congress’s failure to pass a comprehensive reform bill. “I continue to believe that the best way to solve this problem is by working together to pass that kind of common sense law. But until that happens, there are actions I have the legal authority to take as president,” Obama said.
According to statements by the Republican congressional leadership, the president’s action may have put Congress’s stalled efforts to pass a bipartisan, comprehensive bill into deep-freeze. “With this action, the president has chosen to deliberately sabotage any chance of enacting bipartisan reforms that he claims to seek,” said John Boehner, the Republican Speaker of the House.
The action expands the scope of “administrative relief” first offered in June 2012 through Deferred Action for Childhood Arrivals (DACA)—an action that gave temporary legal status to 1.2 million undocumented youth brought to the U.S. as children. Protection from deportation will now also include the parents of U.S. citizen children and legal permanent residents who have lived in the U.S. for at least five years, and expands eligibility of DACA by not including an age limit of those eligible, as long as they came to the U.S. before the age of 15. In addition to deferred action, Obama outlined plans to beef up border security efforts, recalibrate law-enforcement strategies around immigration violations, and reform specific authorizations and benefits associated with existing visa programs.
The president is due to attend an event at Del Sol High School in Las Vegas, Nevada on Friday afternoon to build support for his initiative. Obama unveiled plans for comprehensive immigration reform at Del Sol nearly two years ago.
Due to the high volume of unaccompanied minors coming from Central America, the Texas state government announced yesterday that it would relax the rules governing the required conditions in its shelters. The regulatory changes reduced the number of square feet required for each child, increased the number of children assigned to a single toilet, sink and shower, and allows the minors to sleep on cots when standard beds are unavailable.
The announcement comes one day after the U.S. Department of Health and Human services said that it would be closing three emergency shelters currently situated on military bases in California, Texas and Oklahoma. The shelter at Fort Sill in Oklahoma could close as early as Friday. More than 7,700 children have been housed at the three shelters since May, many of whom have since been reunited with family.
And in a last-minute vote on Friday—hours before the start of August recess—the Republican majority in the House of Representatives approved legislation that would modify a 2008 anti-human-trafficking law in order to make it easier to deport unaccompanied minors and block President Obama’s 2012 Deferred Action for Childhood Arrivals (DACA) program. The chamber also approved $694 million in emergency funding for federal agencies dealing with the crisis, far less than the $3.7 billion requested by President Obama. It is unlikely that these bills will pass the Democrat-controlled Senate.
This week’s likely top stories: Mercosur leaders meet in Caracas; former General Hugo Carvajal returns to Venezuela; California Governor Jerry Brown visits Mexico; Mexican Congress discusses energy reform; Argentina nears its debt deadline.
Mercosur leaders to address Israel at Mercosur summit: Brazilian President Dilma Rousseff is expected to lead Mercosur leaders in condemning Israel’s military offensive in the Gaza Strip at Tuesday’s summit of Mercosur presidents in Caracas. Last Thursday, Israel referred to Brazil as a “diplomatic dwarf” after Rousseff recalled Brazil’s ambassador to Israel and the Brazilian Foreign Ministry cited Israel’s “disproportionate use of force” in Gaza. All five presidents of Mercosur’s full members—Argentina, Brazil, Paraguay, Uruguay and Venezuela—are expected to attend the summit, along with Bolivian President Evo Morales, whose country is in the process of joining the bloc. Argentine President Cristina Fernández is also expected to deliver a speech condemning “vulture funds” only one day before Argentine debt talks are set to expire.
Venezuelan ex-general freed in Aruba: Former Venezuelan General Hugo Carvajal received a hero’s welcome in Venezuela after he was released from detention by Aruban authorities on Sunday. U.S. officials have accused Carvajal of aiding in drug trafficking and supporting left-wing guerillas in Colombia. While Carvajal was waiting to be confirmed as Venezuela’s consul in Aruba, he was arrested last Wednesday at the request of the United States, but the Dutch government finally agreed that he “should have diplomatic immunity as nominated consul to Aruba.” The United States has accused the Venezuelan government of threatening the governments of Aruba and the Netherlands to release the former general.
California Gov. Jerry Brown trade mission to Mexico: California Governor Jerry Brown has arrived in Mexico to discuss immigration and trade with Mexican President Enrique Peña Nieto and leaders from Central America. The governor will meet with Peña Nieto today and with Central American leaders on Tuesday to discuss the wave of undocumented minors arriving in the United States. The focus of the trip will be the economy and trade, and the governor will be joined by a delegation of more than 100 state government, business, economic development, investment and policy leaders to foster trade, educational exchanges, climate change, and tourism between California and Mexico.
Mexico’s Chamber of Deputies to discuss energy reform legislation: Members of Mexico’s lower house will begin discussion today on secondary legislation for Mexican energy reform. The reform will permit the participation of private national and foreign investment in Mexico’s oil and gas company PEMEX and the Comisón Federal de Electricidad (CFE–Federal Electricity Commission) for the first time in the country’s history. The Partido Acción Nacional (National Action Party—PAN) has promoted the creation of a Fondo Mexicano del Petróleo (Mexican Fund for Oil) with profits derived from the oil industry in order to invest in infrastructure and technology. The director of CFE, Enrique Ochoa Reza, emphasized the benefits of the reform, including generating cheaper and more environmentally friendly forms of energy.
Argentina at risk of default as debt deadline nears: Upon the news that the Argentine government will not meet with a debt mediator until tomorrow, Argentina’s government bonds dropped to a one-month low today. The Argentine government has met with court-appointed mediator Daniel Pollack on four occasions, and negotiations over $1.5 billion in unpaid debts remained deadlocked after no progress had been made with talks on Friday. If negotiations are not completed by July 30, or a court delay is not offered, Argentina will default for the second time in only 13 years.
This Friday, presidents of the Northern Triangle countries of El Salvador, Guatemala and Honduras will meet with President Barack Obama in Washington DC to deal with the crisis of unaccompanied minors arriving in the U.S. from Central America.
Migration between these countries is not new, and has been high on the multilateral agenda for years. The U.S., Mexico and Central America share not only geographic proximity, but historical, social, political, economic, and cultural ties.
The non-authorized flow of adults and children between Central America, Mexico and the U.S. continues to alarm all sides, with over 347,000 nationals from Mexico and Central America removed from the U.S. in FY 2013 alone, according to the U.S. Department of Homeland Security (DHS). This comprised about 94 percent of all U.S. deportations in 2013—but does not account for the high numbers of Central American migrants removed from Mexico.
Yet it is the recent spike of minors attempting to illegally cross the U.S.-Mexico border from Mexico and the Northern Triangle—from 19,418 children in FY 2009 to 56,547 in FY 2014—that opened a major inquiry into the recurring immigration crisis, prompting quick political responses and visits between U.S., Mexican and Central American officials.
During the past few months, the United States, Mexico and Central American governments have brought attention to the number of unaccompanied minors fleeing towards the U.S. from Honduras, El Salvador, Guatemala, and Mexico.
A recent study by the Pew Research Center shows that the number of unaccompanied children ages 12 and younger caught at the U.S.-Mexico border this fiscal year rose 117 percent, compared to last fiscal year. U.S. Customs and Border Protection reported that by May 31 this year, unaccompanied minors apprehended at the southwest U.S. border included 13,282 children from Honduras, 11,577 from Mexico, 11,479 from Guatemala, and 9,850 from El Salvador. The Wall Street Journal stated that the total number of unaccompanied children taken into custody at the end of June had climbed to 57,525.
The U.S. Department of Homeland Security published a map that identifies the origins of the unaccompanied children and the factors causing child migration to the United States. In the case of Guatemala, the map indicated that many Guatemalan children come from rural areas and are probably seeking economic opportunities in the U.S., while many children from Honduras and El Salvador are coming from regions with high crime rates and are likely seeking refuge from violence.
Massachusetts voters are split on whether they support Governor Deval Patrick’s plan to temporarily shelter 1,000 unaccompanied young immigrants in the state, according to a Boston Globe poll released today. Half of the 404 voters polled expressed support for Gov. Patrick’s plan, and 43 percent opposed it, with a margin of error of plus or minus 4.9 percentage points. Responses to the poll split along political lines, with 79 percent of Republicans opposing the plan and 69 percent of Democrats supporting it. As of the end of June, 733 minors had already been discharged to Massachusetts.
In an emotional address on Friday during which he called the situation at the southern border a “humanitarian crisis,” Gov. Patrick said the state could provide temporary shelter for up to four months at one of two military facilities in the towns of Bourne or Chicopee. He made clear that all services rendered at either facility relating to unaccompanied minors would be staffed and paid for by the federal government. But the mayor of Chicopee, Richard Kos, strongly opposed using the city’s Westover Air Reserve Base as an option, citing concerns about “security issues and maintaining normal operations.”
While generally regarded as a liberal state, the poll showed that Massachusetts residents are more moderate on immigration issues. Asked whether the migrant children should be allowed to stay in the U.S. after judicial hearings, and only 39 percent answered yes, while 43 percent said they should be deported. And only 52 percent of those polled support a path to citizenship for immigrants already in the country illegally, which is in line with national poll results.
Three U.S. conservative political groups are organizing over 300 anti-immigration demonstrations across the country on Friday and Saturday to protest the federal government’s decision to relocate unaccompanied minors in Texas to other states.
The American Legal Immigration Political Action Committee (ALIPAC), Overpasses for America and Make Them Listen are coordinating efforts along with other Tea Party-associated groups to protests in front of state capitols, Mexican embassies and elsewhere.
“Our goal is to unify Americans of every race, political party, and walk of life against this Obama-inspired invasion of our American homeland,” said Paul Gheen, president of the North Carolina-based ALIPAC. The groups are frustrated over what they perceive as a deliberate lack of enforcement of current immigration laws, as 57,000 youth from Central America and Mexico have entered the U.S. illegally thus far this year.
The protests come one week after a bipartisan group of governors expressed concern about the relocations and how much they will cost their respective states. Many local governments officials have complained about a lack of communication coming from U.S. Immigration and Customs Enforcement (ICE) and Border Patrol about whether buses of immigrant children would be coming and, if so, when.
Protests are also being planned far from the U.S.-Mexico border. The conservative group Oregonians for Immigration Reform is also organizing protests in five cities, including Portland.
The U.S. Congress has less than three weeks to reach a compromise on immigration that would address the surge of unaccompanied minors before Congress’ August recess.
President Obama requested $3.7 billion from the legislative branch to respond to the situation through increased deportation, a surge in border control agents and aid for the sending countries. However, an agreement on how much funding to provide—and where to allocate those funds—has yet to be made.
The humanitarian crisis has led to increased cooperation between Mexico and Central American sending countries in an attempt to crack down on the criminal organizations trafficking the children north. However, high rates of violent crime and impunity in Central America—particularly the Northern Triangle region of Honduras, Guatemala and El Salvador—continue to contribute to unusually high rates of child migration.
The White House is expected to meet with the Congressional Hispanic Caucus today to discuss expedited deportations and the president’s funding request. It is unclear how the U.S. immigration system will manage the influx of unaccompanied minors if Congress does not act before the August recess.
This week’s likely top stories: BRICS leaders meet in Brazil; Argentina and Russia sign energy agreements; U.S. considers action on child immigrants; Colombian forces strike FARC; Argentine soccer fans riot.
BRICS leaders to launch new bank at summit: Leaders from Brazil, Russia, India, China, and South Africa will convene in Fortaleza, Brazil for the sixth BRICS summit on Tuesday. The leaders will launch the “New Development Bank” (NDB) with $50 billion in initial capital to allow developing nations to secure infrastructure construction loans, pending legislative approval from all five BRICS countries. The BRICS countries also plan to set up the Contingent Reserve Arrangement (CRA)—a $100 billion emergency lending pool for countries facing currency crises—whose purpose would be similar to that of the International Monetary Fund (IMF). It is not yet clear how the lending criteria of the CRA will differ from the IMF, if at all. China will contribute $41billion in initial funding to the CRA, South Africa will contribute $5 billion, and Brazil, Russia and India will each contribute $18 billion.
Argentina and Russia reach agreements on nuclear power: Russian President Vladimir Putin and Argentine President Cristina Fernández de Kirchner signed a number of energy deals on Saturday while the Russian leader visited Buenos Aires to cooperate on nuclear energy and other projects. Putin announced that Russia will help build a nuclear reactor and bases for a satellite system in Argentina and may help construct two hydroelectric plants. Fernández de Kirchner confirmed that Russia is also interested in investing in Argentina’s Vaca Muerta shale formation and is planning to send a delegation to the area. On Friday, Putin was in Cuba meeting with Raúl and Fidel Castro to discuss energy, security, and health cooperation between Cuba and Russia.
U.S. Congress to consider $3.7 billion for child immigrants: After U.S. President Barack Obama requested $3.7 billion in funding last week to address the growing crisis of young undocumented immigrants crossing the U.S.-Mexico border, Democrats and Republicans are deeply divided on how to proceed. Some Republicans have said that the $3.7 billion propose spends too little on border security. Many have advocated overturning a 2008 law signed by former President George W. Bush intended to protect unaccompanied children from human and sex trafficking, arguing that the children should be immediately returned to their home countries. Time is running out for congressional action, as Congress will begin a month-long break in August.
FARC guerrillas killed by Colombian army and police: Colombian national police and military killed 12 presumed guerrillas from the Fuerzas Armadas Revolucionarias de Colombia (The Revolutionary Armed Forces of Colombia—FARC) on Sunday in the northwestern Colombian department of Antioquia. In a joint security operation, the police and military forces also seized weapons, computers, cellphones and USB memory sticks that could be useful for Colombian military intelligence. This comes after Saturdays’ capture of Manuel Cepeda Vargas—a member of FARC accused of more than 40 terrorist acts–in another joint operation between the police and army in the southwestern department of Cauca. Peace talks between the Colombian government and the FARC will resume in Havana on Tuesday.
World Cup riots in Argentina: An initially peaceful gathering of Argentine soccer fans near the Obelisk monument in Buenos Aires turned violent late on Sunday night as some hardcore fans rioted in response to the Argentine soccer team’s 0-1 loss to Germany in the 2014 World Cup final, making Germany the first European team to claim the World Cup trophy on American soil. As rioting and looting broke out along Avenida 9 de julio in Buenos Aires, police fired tear gas and rubber bullets and used water cannons on the crowd. At least 15 police officers were reported injured in the violence, and at least 50 people were detained. The Argentine national team is expected to return to Buenos Aires on Monday.