9th U.S. Circuit Court of Appeals9th U.S. Circuit Court of Appeals
Court Strikes Down Berkeley's Landmark Ban on Natural Gas in New Construction
Judge Was Right to Protect ICE Detainees From COVID-19 'Tinderbox,' Court Rules
Bay Area Courts Challenged Trump on Immigration. Now the Cases Head to Supreme Court
Appeals Court: Trump Wrongly Diverted $2.5B for Border Wall
Federal Appeals Court in SF Temporarily Halts Trump’s ‘Remain in Mexico’ Policy
Judges in San Francisco to Weigh in on Asylum-Seekers' Right to Bond Hearings
Court Rules U.S. Can Reject Asylum Along Parts of Mexico Border
Trump Administration's Bid to Scuttle California's Sanctuary Laws Falls Flat in Court
Asylum-Seekers Can Appeal Fast-Track Deportations, Court Rules
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She previously covered immigration. Farida was \u003ca href=\"https://www.ccnma.org/2022-most-influential-latina-journalists\">named\u003c/a> one of the 10 Most Influential Latina Journalists in California in 2022 by the California Chicano News Media Association. Her work has won awards from the Society of Professional Journalists (Northern California), as well as a national and regional Edward M. Murrow Award for the collaborative reporting projects “Dangerous Air” and “Graying California.” \u003c/span>\u003cspan style=\"font-weight: 400;\">Before joining KQED, Farida worked as a producer at Radio Bilingüe, a national public radio network. Farida earned her master’s degree in journalism from Stanford University.\u003c/span>","avatar":"https://secure.gravatar.com/avatar/c3ab27c5554b67b478f80971e515aa02?s=600&d=blank&r=g","twitter":"FaridaJhabvala","facebook":null,"instagram":null,"linkedin":"https://www.linkedin.com/in/faridajhabvala/","sites":[{"site":"news","roles":["editor"]},{"site":"stateofhealth","roles":["author"]}],"headData":{"title":"Farida Jhabvala Romero | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/c3ab27c5554b67b478f80971e515aa02?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/c3ab27c5554b67b478f80971e515aa02?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/fjhabvala"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11946999":{"type":"posts","id":"news_11946999","meta":{"index":"posts_1591205157","site":"news","id":"11946999","score":null,"sort":[1681779853000]},"guestAuthors":[],"slug":"court-strikes-down-berkeleys-landmark-ban-on-natural-gas-in-new-construction","title":"Court Strikes Down Berkeley's Landmark Ban on Natural Gas in New Construction","publishDate":1681779853,"format":"standard","headTitle":"Court Strikes Down Berkeley’s Landmark Ban on Natural Gas in New Construction | KQED","labelTerm":{"site":"news"},"content":"\u003cp>A federal appeals court on Monday struck down Berkeley’s first-in-the-nation ordinance banning natural gas hookups in new buildings, ruling that it conflicted with federal law.\u003c/p>\n\u003cp>\u003ca href=\"https://cdn.ca9.uscourts.gov/datastore/opinions/2023/04/17/21-16278.pdf\">In its decision (PDF)\u003c/a>, a three-judge panel of the 9th Circuit Court of Appeals sided with the \u003ca href=\"https://www.calrest.org/news/ninth-circuit-court-appeals-city-berkeley-cannot-ban-natural-gas\">California Restaurant Association\u003c/a>, a powerful industry group that had sued the city. The CRA had argued the ordinance banning natural gas piping also effectively banned natural gas products, in violation of a nearly 50-year-old \u003ca href=\"https://www.congress.gov/bill/94th-congress/senate-bill/622\">U.S. energy law\u003c/a> that, among many other things, authorizes federal officials to set national efficiency standards.\u003c/p>\n\u003cp>The 9th Circuit sided with the CRA in finding that the federal law preempts Berkeley’s ordinance.\u003c/p>\n\u003cp>“In sum, Berkeley can’t bypass preemption by banning natural gas piping within buildings rather than banning natural gas products themselves,” the panel wrote in its 3–0 ruling.\u003c/p>\n\u003cp>“Congress ensured that States and localities could not prevent consumers from using … products [covered under federal law] in their homes, kitchens, and businesses.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The panel, composed of the court’s most conservative members, including two Trump appointees, rejected \u003ca href=\"https://www.sfchronicle.com/food/restaurants/article/Berkeley-s-ban-on-natural-gas-in-new-buildings-16302504.php\">a federal judge’s 2021\u003c/a> ruling upholding the ordinance.\u003c/p>\n\u003cp>“It’s disappointing the Ninth Circuit held that Berkeley, like many other cities around the country, cannot take common sense measures to protect its constituents from climate change,” Berkeley Mayor Jesse Arreguín said in a statement following Monday’s ruling. “Berkeley is evaluating the decision and its next steps.”\u003c/p>\n\u003cp>Berkeley’s ordinance, which was \u003ca href=\"https://www.kqed.org/news/11761889/berkeley-becomes-first-city-in-california-to-ban-natural-gas-in-most-new-buildings\">unanimously approved\u003c/a> by the City Council in 2019 and went into effect the following year, bans the use of natural gas pipes in most new residential and commercial construction. The measure was hailed by environmentalists, who argue that scaling back the use of the planet-warming fossil fuels in buildings is essential to reaching greenhouse gas reduction goals to fight climate change.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"gas-ban\"]Since then, dozens of other cities in California, including San Francisco, San José and Los Angeles, have passed similar measures to prohibit gas lines in new construction projects. And both \u003ca href=\"https://www.sfchronicle.com/climate/article/bay-area-regulators-vote-end-sales-key-gas-home-17836615.php\">regional\u003c/a> and \u003ca href=\"https://www.sfchronicle.com/bayarea/article/california-will-ban-the-sale-of-natural-gas-17460877.php\">statewide\u003c/a> air regulators have recently issued rules phasing out the sale of new gas-powered furnaces and water heaters.\u003c/p>\n\u003cp>It was not immediately clear how those various initiatives will be affected by Monday’s ruling. Berkeley is likely to ask the full 11-judge appeals court to review the case.\u003c/p>\n\u003cp>In a statement on Monday, the CRA cheered the ruling, arguing that natural gas appliances are crucial for the state’s already struggling restaurant industry, and calling the city’s gas ordinance “an overreaching measure beyond the scope of any city.”\u003c/p>\n\u003cp>“The panel’s decision sets an important precedent for future cases, especially with other cities and states considering restrictions on natural gas, and it prevents a patchwork of disparate regulations and protects consumer choice,” CRA attorney Courtland Reichman said in the statement.\u003c/p>\n\u003cp>But a coalition of environmental groups contend \u003ca href=\"https://www.kqed.org/news/11788199/environmentalists-say-natural-gas-industry-behind-restaurant-groups-challenge-to-berkeley-gas-ban\">the oil and gas industry is squarely behind\u003c/a> the group’s legal challenge.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The Natural Resources Defense Council and Earthjustice, among other organizations, claim the gas industry has partnered with the restaurant association and other trade groups in a surreptitious campaign to block such bans and discourage other cities from pursuing similar electrification efforts.\u003c/p>\n\n","blocks":[],"excerpt":"A three-judge panel ruled the first-in-the-nation ordinance, which bans the use of natural gas pipes in most new residential and commercial construction, violates a federal energy law.","status":"publish","parent":0,"modified":1681920448,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":16,"wordCount":574},"headData":{"title":"Court Strikes Down Berkeley's Landmark Ban on Natural Gas in New Construction | KQED","description":"A three-judge panel ruled the first-in-the-nation ordinance, which bans the use of natural gas pipes in most new residential and commercial construction, violates a federal energy law.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Court Strikes Down Berkeley's Landmark Ban on Natural Gas in New Construction","datePublished":"2023-04-18T01:04:13.000Z","dateModified":"2023-04-19T16:07:28.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11946999/court-strikes-down-berkeleys-landmark-ban-on-natural-gas-in-new-construction","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal appeals court on Monday struck down Berkeley’s first-in-the-nation ordinance banning natural gas hookups in new buildings, ruling that it conflicted with federal law.\u003c/p>\n\u003cp>\u003ca href=\"https://cdn.ca9.uscourts.gov/datastore/opinions/2023/04/17/21-16278.pdf\">In its decision (PDF)\u003c/a>, a three-judge panel of the 9th Circuit Court of Appeals sided with the \u003ca href=\"https://www.calrest.org/news/ninth-circuit-court-appeals-city-berkeley-cannot-ban-natural-gas\">California Restaurant Association\u003c/a>, a powerful industry group that had sued the city. The CRA had argued the ordinance banning natural gas piping also effectively banned natural gas products, in violation of a nearly 50-year-old \u003ca href=\"https://www.congress.gov/bill/94th-congress/senate-bill/622\">U.S. energy law\u003c/a> that, among many other things, authorizes federal officials to set national efficiency standards.\u003c/p>\n\u003cp>The 9th Circuit sided with the CRA in finding that the federal law preempts Berkeley’s ordinance.\u003c/p>\n\u003cp>“In sum, Berkeley can’t bypass preemption by banning natural gas piping within buildings rather than banning natural gas products themselves,” the panel wrote in its 3–0 ruling.\u003c/p>\n\u003cp>“Congress ensured that States and localities could not prevent consumers from using … products [covered under federal law] in their homes, kitchens, and businesses.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The panel, composed of the court’s most conservative members, including two Trump appointees, rejected \u003ca href=\"https://www.sfchronicle.com/food/restaurants/article/Berkeley-s-ban-on-natural-gas-in-new-buildings-16302504.php\">a federal judge’s 2021\u003c/a> ruling upholding the ordinance.\u003c/p>\n\u003cp>“It’s disappointing the Ninth Circuit held that Berkeley, like many other cities around the country, cannot take common sense measures to protect its constituents from climate change,” Berkeley Mayor Jesse Arreguín said in a statement following Monday’s ruling. “Berkeley is evaluating the decision and its next steps.”\u003c/p>\n\u003cp>Berkeley’s ordinance, which was \u003ca href=\"https://www.kqed.org/news/11761889/berkeley-becomes-first-city-in-california-to-ban-natural-gas-in-most-new-buildings\">unanimously approved\u003c/a> by the City Council in 2019 and went into effect the following year, bans the use of natural gas pipes in most new residential and commercial construction. The measure was hailed by environmentalists, who argue that scaling back the use of the planet-warming fossil fuels in buildings is essential to reaching greenhouse gas reduction goals to fight climate change.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"gas-ban"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Since then, dozens of other cities in California, including San Francisco, San José and Los Angeles, have passed similar measures to prohibit gas lines in new construction projects. And both \u003ca href=\"https://www.sfchronicle.com/climate/article/bay-area-regulators-vote-end-sales-key-gas-home-17836615.php\">regional\u003c/a> and \u003ca href=\"https://www.sfchronicle.com/bayarea/article/california-will-ban-the-sale-of-natural-gas-17460877.php\">statewide\u003c/a> air regulators have recently issued rules phasing out the sale of new gas-powered furnaces and water heaters.\u003c/p>\n\u003cp>It was not immediately clear how those various initiatives will be affected by Monday’s ruling. Berkeley is likely to ask the full 11-judge appeals court to review the case.\u003c/p>\n\u003cp>In a statement on Monday, the CRA cheered the ruling, arguing that natural gas appliances are crucial for the state’s already struggling restaurant industry, and calling the city’s gas ordinance “an overreaching measure beyond the scope of any city.”\u003c/p>\n\u003cp>“The panel’s decision sets an important precedent for future cases, especially with other cities and states considering restrictions on natural gas, and it prevents a patchwork of disparate regulations and protects consumer choice,” CRA attorney Courtland Reichman said in the statement.\u003c/p>\n\u003cp>But a coalition of environmental groups contend \u003ca href=\"https://www.kqed.org/news/11788199/environmentalists-say-natural-gas-industry-behind-restaurant-groups-challenge-to-berkeley-gas-ban\">the oil and gas industry is squarely behind\u003c/a> the group’s legal challenge.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The Natural Resources Defense Council and Earthjustice, among other organizations, claim the gas industry has partnered with the restaurant association and other trade groups in a surreptitious campaign to block such bans and discourage other cities from pursuing similar electrification efforts.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11946999/court-strikes-down-berkeleys-landmark-ban-on-natural-gas-in-new-construction","authors":["1263"],"categories":["news_19906","news_6188","news_8","news_356"],"tags":["news_4863","news_129","news_6252","news_30247","news_32647","news_19436","news_32648","news_20530","news_17907"],"featImg":"news_11938935","label":"news"},"news_11861367":{"type":"posts","id":"news_11861367","meta":{"index":"posts_1591205157","site":"news","id":"11861367","score":null,"sort":[1613785578000]},"guestAuthors":[],"slug":"judge-was-right-to-protect-ice-detainees-from-covid-19-tinderbox-court-rules","title":"Judge Was Right to Protect ICE Detainees From COVID-19 'Tinderbox,' Court Rules","publishDate":1613785578,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Immigrants who sued to be released from detention during the COVID-19 pandemic have won support from a federal appeals court in San Francisco. A three-judge panel of the 9th U.S. Circuit Court of Appeals agreed Thursday afternoon that conditions in two California facilities were so hazardous they likely violated the Constitution.\u003c/p>\n\u003cp>Last spring, \u003ca href=\"https://www.kqed.org/news/11813475/sf-public-defender-sues-for-release-of-ice-detainees-to-reduce-crowding\">the detainees sued\u003c/a> U.S. Immigration and Customs Enforcement, saying the impossibility of social distancing and the lack of COVID-19 testing and measures like masks and disinfectant put them at risk of illness and death.\u003c/p>\n\u003cp>U.S. District Judge Vince Chhabria agreed, calling crowded conditions a “tinderbox” at the Yuba County Jail and the privately run Mesa Verde ICE Processing Facility in Bakersfield.\u003c/p>\n\u003cp>Chhabria issued a series of injunctions \u003ca href=\"https://www.kqed.org/news/11832472/people-are-terrified-sf-judge-orders-covid-19-testing-at-ice-facility\">to force ICE to improve\u003c/a> the conditions of confinement. And he reviewed scores of bail applications, eventually releasing more than 130 people from the two facilities.\u003c/p>\n\u003cp>The Trump administration and the private prison company GEO Group appealed, saying the judge lacked authority to remedy conditions or release detainees.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In an unpublished ruling Thursday, the 9th U.S. Circuit Court of Appeals disagreed, saying that Chhabria had acted properly and that the plaintiffs had shown they were likely to succeed in proving that detention conditions in April violated their right to due process under the Fifth Amendment to the U.S. Constitution.\u003c/p>\n\u003cp>Citing an earlier decision, the three judges – Marsha Berzon, Morgan Christen and Bridget Bade – wrote, “The Fifth Amendment requires the government to provide conditions of reasonable health and safety to people in its custody.”\u003c/p>\n\u003cp>Ultimately the Mesa Verde facility suffered an outbreak of COVID-19 in August, and the Yuba County Jail was hit by the virus in December. Almost 70 detained immigrants eventually contracted COVID-19 at the two facilities, \u003ca href=\"https://www.ice.gov/coronavirus#detStat\">according to ICE\u003c/a>. Those who got sick included \u003ca href=\"https://www.kqed.org/news/11856995/they-didnt-listen-to-us-ice-detainee-who-waged-hunger-strikes-for-covid-19-protections-gets-virus\">one man who had participated in hunger strikes\u003c/a> to draw attention to COVID-19 risks at Yuba County Jail.\u003c/p>\n\u003cp>[aside postID=news_11856995 hero='https://ww2.kqed.org/app/uploads/sites/10/2021/01/Herrera-1020x771.jpg']Bree Bernwanger, a senior attorney with the Lawyers' Committee for Civil Rights of the San Francisco Bay Area, argued the case. She said the 9th Circuit’s ruling is a reminder that ICE officials must prioritize the safety of people in their custody over the agency’s interest in detaining them.\u003c/p>\n\u003cp>“ICE violates the Constitution when it subjects people to an unreasonable risk of harm in detention,” she said. “And the risk of contracting COVID is a serious one that is constitutionally protected.”\u003c/p>\n\u003cp>Bernwanger also noted that ICE detention is a form of civil custody, meant to hold people facing possible deportation if they are a danger to the public or unlikely to appear in immigration court as scheduled.\u003c/p>\n\u003cp>She said the fact that those who were let free are back in their homes, safe from the pandemic, and with only rare allegations that any of them violated the court order for their release shows that ICE detention is largely unnecessary.\u003c/p>\n\u003cp>“ICE detention is a sham,” Bernwanger said. “It hasn't been keeping anyone safer. It's actually just been more dangerous to our communities.”\u003c/p>\n\u003cp>An ICE spokesman said the agency is currently reviewing the 9th Circuit’s decision and has no further comment because the matter is in litigation.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The 9th Circuit panel referred the case to a mediation program to work out next steps, noting that conditions in ICE detention have changed considerably in recent months, as the pandemic progressed and Chhabria ordered additional protections.\u003c/p>\n\n","blocks":[],"excerpt":"Crowded conditions and ICE’s lack of action posed grave health risks that likely violated the constitutional rights of detained immigrants, the 9th U.S. Circuit Court of Appeals ruled.","status":"publish","parent":0,"modified":1613793176,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":608},"headData":{"title":"Judge Was Right to Protect ICE Detainees From COVID-19 'Tinderbox,' Court Rules | KQED","description":"Crowded conditions and ICE’s lack of action posed grave health risks that likely violated the constitutional rights of detained immigrants, the 9th U.S. Circuit Court of Appeals ruled.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Judge Was Right to Protect ICE Detainees From COVID-19 'Tinderbox,' Court Rules","datePublished":"2021-02-20T01:46:18.000Z","dateModified":"2021-02-20T03:52:56.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11861367 https://ww2.kqed.org/news/?p=11861367","disqusUrl":"https://ww2.kqed.org/news/2021/02/19/judge-was-right-to-protect-ice-detainees-from-covid-19-tinderbox-court-rules/","disqusTitle":"Judge Was Right to Protect ICE Detainees From COVID-19 'Tinderbox,' Court Rules","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2021/02/HendricksImmigrantDetentionRuling20210219.mp3","path":"/news/11861367/judge-was-right-to-protect-ice-detainees-from-covid-19-tinderbox-court-rules","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Immigrants who sued to be released from detention during the COVID-19 pandemic have won support from a federal appeals court in San Francisco. A three-judge panel of the 9th U.S. Circuit Court of Appeals agreed Thursday afternoon that conditions in two California facilities were so hazardous they likely violated the Constitution.\u003c/p>\n\u003cp>Last spring, \u003ca href=\"https://www.kqed.org/news/11813475/sf-public-defender-sues-for-release-of-ice-detainees-to-reduce-crowding\">the detainees sued\u003c/a> U.S. Immigration and Customs Enforcement, saying the impossibility of social distancing and the lack of COVID-19 testing and measures like masks and disinfectant put them at risk of illness and death.\u003c/p>\n\u003cp>U.S. District Judge Vince Chhabria agreed, calling crowded conditions a “tinderbox” at the Yuba County Jail and the privately run Mesa Verde ICE Processing Facility in Bakersfield.\u003c/p>\n\u003cp>Chhabria issued a series of injunctions \u003ca href=\"https://www.kqed.org/news/11832472/people-are-terrified-sf-judge-orders-covid-19-testing-at-ice-facility\">to force ICE to improve\u003c/a> the conditions of confinement. And he reviewed scores of bail applications, eventually releasing more than 130 people from the two facilities.\u003c/p>\n\u003cp>The Trump administration and the private prison company GEO Group appealed, saying the judge lacked authority to remedy conditions or release detainees.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In an unpublished ruling Thursday, the 9th U.S. Circuit Court of Appeals disagreed, saying that Chhabria had acted properly and that the plaintiffs had shown they were likely to succeed in proving that detention conditions in April violated their right to due process under the Fifth Amendment to the U.S. Constitution.\u003c/p>\n\u003cp>Citing an earlier decision, the three judges – Marsha Berzon, Morgan Christen and Bridget Bade – wrote, “The Fifth Amendment requires the government to provide conditions of reasonable health and safety to people in its custody.”\u003c/p>\n\u003cp>Ultimately the Mesa Verde facility suffered an outbreak of COVID-19 in August, and the Yuba County Jail was hit by the virus in December. Almost 70 detained immigrants eventually contracted COVID-19 at the two facilities, \u003ca href=\"https://www.ice.gov/coronavirus#detStat\">according to ICE\u003c/a>. Those who got sick included \u003ca href=\"https://www.kqed.org/news/11856995/they-didnt-listen-to-us-ice-detainee-who-waged-hunger-strikes-for-covid-19-protections-gets-virus\">one man who had participated in hunger strikes\u003c/a> to draw attention to COVID-19 risks at Yuba County Jail.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11856995","hero":"https://ww2.kqed.org/app/uploads/sites/10/2021/01/Herrera-1020x771.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Bree Bernwanger, a senior attorney with the Lawyers' Committee for Civil Rights of the San Francisco Bay Area, argued the case. She said the 9th Circuit’s ruling is a reminder that ICE officials must prioritize the safety of people in their custody over the agency’s interest in detaining them.\u003c/p>\n\u003cp>“ICE violates the Constitution when it subjects people to an unreasonable risk of harm in detention,” she said. “And the risk of contracting COVID is a serious one that is constitutionally protected.”\u003c/p>\n\u003cp>Bernwanger also noted that ICE detention is a form of civil custody, meant to hold people facing possible deportation if they are a danger to the public or unlikely to appear in immigration court as scheduled.\u003c/p>\n\u003cp>She said the fact that those who were let free are back in their homes, safe from the pandemic, and with only rare allegations that any of them violated the court order for their release shows that ICE detention is largely unnecessary.\u003c/p>\n\u003cp>“ICE detention is a sham,” Bernwanger said. “It hasn't been keeping anyone safer. It's actually just been more dangerous to our communities.”\u003c/p>\n\u003cp>An ICE spokesman said the agency is currently reviewing the 9th Circuit’s decision and has no further comment because the matter is in litigation.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The 9th Circuit panel referred the case to a mediation program to work out next steps, noting that conditions in ICE detention have changed considerably in recent months, as the pandemic progressed and Chhabria ordered additional protections.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11861367/judge-was-right-to-protect-ice-detainees-from-covid-19-tinderbox-court-rules","authors":["259"],"categories":["news_1169","news_6188","news_8"],"tags":["news_19935","news_4863","news_27350","news_27504","news_21027","news_6884","news_20202","news_23454","news_27797","news_20530","news_27660","news_17907","news_28635","news_25025"],"featImg":"news_11861403","label":"news"},"news_11842931":{"type":"posts","id":"news_11842931","meta":{"index":"posts_1591205157","site":"news","id":"11842931","score":null,"sort":[1603224086000]},"guestAuthors":[],"slug":"bay-area-courts-challenged-trump-on-immigration-now-the-cases-head-to-supreme-court","title":"Bay Area Courts Challenged Trump on Immigration. Now the Cases Head to Supreme Court","publishDate":1603224086,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Two controversial Trump administration immigration policies that were ruled illegal by federal courts in the San Francisco Bay Area will be decided by the U.S. Supreme Court in coming months, the high court announced Monday.\u003c/p>\n\u003cp>One case deals with President Donald Trump’s approach to funding the border wall, The other deals with the policy known as “Remain in Mexico,” aimed at keeping asylum seekers out of the United States while they await hearings in immigration court.\u003c/p>\n\u003cp>Both the wall and the asylum restrictions have been central to the president’s emphasis on halting immigration at the U.S.-Mexico border, and casting immigrants as a threat. The cases also raise the question of how much power the president has to implement his policies without restriction, legal scholars say.\u003c/p>\n\u003cp>But the outcome of the Nov. 3 presidential election could affect the future of these border policies more than the Supreme Court. If Democratic nominee and former Vice President Joe Biden wins, he could roll them back, leaving the cases moot.\u003c/p>\n\u003ch3>\u003cstrong>Looking for Funds for a Border Fence\u003c/strong>\u003c/h3>\n\u003cp>Trump made building “a big, beautiful wall” a central campaign theme in 2016. But Congress granted less than $1.4 billion for border fencing last year, far short of the $5.7 billion the administration sought. So the president announced a state of emergency, alleging that it enabled him to redirect billions of dollars that Congress had appropriated to the Defense Department for other purposes.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='Dror Ladin, ACLU senior staff attorney']'Every lower court that has considered the case has found that the President has no authority to waste billions of taxpayer dollars on construction.'[/pullquote]\u003c/p>\n\u003cp>The Sierra Club and the Southern Border Communities Coalition \u003ca href=\"https://www.aclu.org/cases/sierra-club-v-trump-challenge-trumps-national-emergency-declaration-construct-border-wall\">sued\u003c/a>, saying that the move violated the separation of powers spelled out in the U.S. Constitution, which gives Congress the sole right to appropriate funds. And a federal judge in Oakland — U.S. District Judge Haywood Gilliam — ruled in June 2019 that the diversion of funds was illegal. The 9th U.S. Circuit Court of Appeals agreed, but the U.S. Supreme Court allowed construction to proceed while the case is being decided.\u003c/p>\n\u003cp>“Every lower court that has considered the case has found that the President has no authority to waste billions of taxpayer dollars on construction,” Dror Ladin, a senior staff attorney at the ACLU and lead counsel in the case, said in a statement. “We look forward to making the same case before the Supreme Court and finally putting a stop to the administration’s unconstitutional power grab.”\u003c/p>\n\u003cp>The Trump administration says it has built 341 miles so far, but almost all of that is new fencing to replace sections of the existing fence, which covers close to 700 miles of the 2,000 mile border.\u003c/p>\n\u003ch3>\u003cstrong>A Policy to Deter Asylum Seekers\u003c/strong>\u003c/h3>\n\u003cp>The second case the high court agreed to hear deals with the 2018 Remain in Mexico policy, formally known as the \u003ca href=\"https://www.dhs.gov/news/2019/01/24/migrant-protection-protocols\">Migrant Protection Protocols\u003c/a>. The protocols aim to prevent migrants from “gaming” the asylum system for economic opportunity in the U.S. The policy allows U.S. border authorities, after an initial asylum screening, to turn back non-Mexican adults to wait for an immigration court hearing on the Mexican side of the border.\u003c/p>\n\u003cp>It is one of several actions by the administration that have transformed the U.S. asylum system and effectively kept out the increased number of people seeking refuge in this country. Since the start of the coronavirus crisis, federal officials have used emergency pandemic restrictions to expel most migrants at the border without even an asylum screening. [aside tag=\"immigration\" label=\"more coverage\"]\u003c/p>\n\u003cp>More than 66,000 asylum seekers have fallen under the Remain in Mexico plan since it began in January of last year, including more than \u003ca href=\"https://trac.syr.edu/immigration/reports/628/\">25,000 with cases pending\u003c/a> in immigration courts. Most have had to shelter in Mexican border cities where cartel and gang violence is rampant, and where it has proven \u003ca href=\"https://trac.syr.edu/immigration/reports/568/\">nearly impossible\u003c/a> for migrants to find U.S. lawyers to guide their cases through an unfamiliar immigration court system. Only a tiny fraction of them — 260 people in total — \u003ca href=\"https://trac.syr.edu/phptools/immigration/mpp/\">have won asylum\u003c/a>.\u003c/p>\n\u003cp>The program was \u003ca href=\"https://www.aclu.org/cases/innovation-law-lab-v-wolf\">challenged\u003c/a> by 11 asylum seekers and a group of immigrant legal service providers, including several in the Bay Area. Plaintiffs say the protocols do not provide “protection” to migrants, but rather put them in harm’s way.\u003c/p>\n\u003cp>“Thousands of families remain stranded in increasingly perilous conditions, where many have faced brutal violence and homelessness,” said Blaine Bookey, legal director for the San Francisco-based Center for Gender and Refugee Studies. “We will continue the fight to stop this cruelty once and for all.”\u003c/p>\n\u003cp>Last year, U.S. District Judge Richard Seeborg in San Francisco ruled that the policy likely violates the Immigration and Nationality Act, and other legal protections against returning immigrants to “unduly dangerous circumstances.” Again, the 9th Circuit agreed. And, again, the Supreme Court intervened to allow the policy to go forward while the case is litigated.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch3>\u003cstrong>Legal and Political Changes Could Affect Cases\u003c/strong>\u003c/h3>\n\u003cp>Oral arguments in the two cases will be scheduled for February at the earliest, legal analysts say. And by then, the legal and political landscape may have changed significantly. Judge Amy Coney Barrett may have been confirmed to fill the vacancy left by the death of Justice Ruth Bader Ginsburg, likely solidifying a conservative majority on the court. And the presidential election will have been decided.\u003c/p>\n\u003cp>But a more conservative court won’t necessarily rule in Trump’s favor, especially on the border wall funding case, said Kevin R. Johnson, dean of the UC Davis School of Law.\u003c/p>\n\u003cp>“If I had to guess, I’d say it’s more likely the [border wall] appropriations case will be upheld,” Johnson said. The court “may have a conservative bent, but they do respect the constitutional separation of powers framework.”\u003c/p>\n\u003cp>However, if Biden is elected, he could simply end the border wall construction and the \"Remain in Mexico\" policy, which were executive actions to begin with, and dismiss the government’s appeals to the Supreme Court, Johnson said.\u003c/p>\n\u003cp>“It makes all the difference who the president is,” he said. “If you wanted these cases to go away\u003cstrong>,\u003c/strong> you’d vote for a Biden-Harris ticket.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Asylum and border cases will go on trial next year, but if Biden is elected he could reverse the policies and make the cases moot","status":"publish","parent":0,"modified":1603224086,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":1102},"headData":{"title":"Bay Area Courts Challenged Trump on Immigration. Now the Cases Head to Supreme Court | KQED","description":"Asylum and border cases will go on trial next year, but if Biden is elected he could reverse the policies and make the cases moot","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Bay Area Courts Challenged Trump on Immigration. Now the Cases Head to Supreme Court","datePublished":"2020-10-20T20:01:26.000Z","dateModified":"2020-10-20T20:01:26.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11842931 https://ww2.kqed.org/news/?p=11842931","disqusUrl":"https://ww2.kqed.org/news/2020/10/20/bay-area-courts-challenged-trump-on-immigration-now-the-cases-head-to-supreme-court/","disqusTitle":"Bay Area Courts Challenged Trump on Immigration. Now the Cases Head to Supreme Court","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2020/10/WolffeHendricksSCOTUSImmigrationChallenge2Way.mp3","path":"/news/11842931/bay-area-courts-challenged-trump-on-immigration-now-the-cases-head-to-supreme-court","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Two controversial Trump administration immigration policies that were ruled illegal by federal courts in the San Francisco Bay Area will be decided by the U.S. Supreme Court in coming months, the high court announced Monday.\u003c/p>\n\u003cp>One case deals with President Donald Trump’s approach to funding the border wall, The other deals with the policy known as “Remain in Mexico,” aimed at keeping asylum seekers out of the United States while they await hearings in immigration court.\u003c/p>\n\u003cp>Both the wall and the asylum restrictions have been central to the president’s emphasis on halting immigration at the U.S.-Mexico border, and casting immigrants as a threat. The cases also raise the question of how much power the president has to implement his policies without restriction, legal scholars say.\u003c/p>\n\u003cp>But the outcome of the Nov. 3 presidential election could affect the future of these border policies more than the Supreme Court. If Democratic nominee and former Vice President Joe Biden wins, he could roll them back, leaving the cases moot.\u003c/p>\n\u003ch3>\u003cstrong>Looking for Funds for a Border Fence\u003c/strong>\u003c/h3>\n\u003cp>Trump made building “a big, beautiful wall” a central campaign theme in 2016. But Congress granted less than $1.4 billion for border fencing last year, far short of the $5.7 billion the administration sought. So the president announced a state of emergency, alleging that it enabled him to redirect billions of dollars that Congress had appropriated to the Defense Department for other purposes.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Every lower court that has considered the case has found that the President has no authority to waste billions of taxpayer dollars on construction.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Dror Ladin, ACLU senior staff attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Sierra Club and the Southern Border Communities Coalition \u003ca href=\"https://www.aclu.org/cases/sierra-club-v-trump-challenge-trumps-national-emergency-declaration-construct-border-wall\">sued\u003c/a>, saying that the move violated the separation of powers spelled out in the U.S. Constitution, which gives Congress the sole right to appropriate funds. And a federal judge in Oakland — U.S. District Judge Haywood Gilliam — ruled in June 2019 that the diversion of funds was illegal. The 9th U.S. Circuit Court of Appeals agreed, but the U.S. Supreme Court allowed construction to proceed while the case is being decided.\u003c/p>\n\u003cp>“Every lower court that has considered the case has found that the President has no authority to waste billions of taxpayer dollars on construction,” Dror Ladin, a senior staff attorney at the ACLU and lead counsel in the case, said in a statement. “We look forward to making the same case before the Supreme Court and finally putting a stop to the administration’s unconstitutional power grab.”\u003c/p>\n\u003cp>The Trump administration says it has built 341 miles so far, but almost all of that is new fencing to replace sections of the existing fence, which covers close to 700 miles of the 2,000 mile border.\u003c/p>\n\u003ch3>\u003cstrong>A Policy to Deter Asylum Seekers\u003c/strong>\u003c/h3>\n\u003cp>The second case the high court agreed to hear deals with the 2018 Remain in Mexico policy, formally known as the \u003ca href=\"https://www.dhs.gov/news/2019/01/24/migrant-protection-protocols\">Migrant Protection Protocols\u003c/a>. The protocols aim to prevent migrants from “gaming” the asylum system for economic opportunity in the U.S. The policy allows U.S. border authorities, after an initial asylum screening, to turn back non-Mexican adults to wait for an immigration court hearing on the Mexican side of the border.\u003c/p>\n\u003cp>It is one of several actions by the administration that have transformed the U.S. asylum system and effectively kept out the increased number of people seeking refuge in this country. Since the start of the coronavirus crisis, federal officials have used emergency pandemic restrictions to expel most migrants at the border without even an asylum screening. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"immigration","label":"more coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>More than 66,000 asylum seekers have fallen under the Remain in Mexico plan since it began in January of last year, including more than \u003ca href=\"https://trac.syr.edu/immigration/reports/628/\">25,000 with cases pending\u003c/a> in immigration courts. Most have had to shelter in Mexican border cities where cartel and gang violence is rampant, and where it has proven \u003ca href=\"https://trac.syr.edu/immigration/reports/568/\">nearly impossible\u003c/a> for migrants to find U.S. lawyers to guide their cases through an unfamiliar immigration court system. Only a tiny fraction of them — 260 people in total — \u003ca href=\"https://trac.syr.edu/phptools/immigration/mpp/\">have won asylum\u003c/a>.\u003c/p>\n\u003cp>The program was \u003ca href=\"https://www.aclu.org/cases/innovation-law-lab-v-wolf\">challenged\u003c/a> by 11 asylum seekers and a group of immigrant legal service providers, including several in the Bay Area. Plaintiffs say the protocols do not provide “protection” to migrants, but rather put them in harm’s way.\u003c/p>\n\u003cp>“Thousands of families remain stranded in increasingly perilous conditions, where many have faced brutal violence and homelessness,” said Blaine Bookey, legal director for the San Francisco-based Center for Gender and Refugee Studies. “We will continue the fight to stop this cruelty once and for all.”\u003c/p>\n\u003cp>Last year, U.S. District Judge Richard Seeborg in San Francisco ruled that the policy likely violates the Immigration and Nationality Act, and other legal protections against returning immigrants to “unduly dangerous circumstances.” Again, the 9th Circuit agreed. And, again, the Supreme Court intervened to allow the policy to go forward while the case is litigated.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>\u003cstrong>Legal and Political Changes Could Affect Cases\u003c/strong>\u003c/h3>\n\u003cp>Oral arguments in the two cases will be scheduled for February at the earliest, legal analysts say. And by then, the legal and political landscape may have changed significantly. Judge Amy Coney Barrett may have been confirmed to fill the vacancy left by the death of Justice Ruth Bader Ginsburg, likely solidifying a conservative majority on the court. And the presidential election will have been decided.\u003c/p>\n\u003cp>But a more conservative court won’t necessarily rule in Trump’s favor, especially on the border wall funding case, said Kevin R. Johnson, dean of the UC Davis School of Law.\u003c/p>\n\u003cp>“If I had to guess, I’d say it’s more likely the [border wall] appropriations case will be upheld,” Johnson said. The court “may have a conservative bent, but they do respect the constitutional separation of powers framework.”\u003c/p>\n\u003cp>However, if Biden is elected, he could simply end the border wall construction and the \"Remain in Mexico\" policy, which were executive actions to begin with, and dismiss the government’s appeals to the Supreme Court, Johnson said.\u003c/p>\n\u003cp>“It makes all the difference who the president is,” he said. “If you wanted these cases to go away\u003cstrong>,\u003c/strong> you’d vote for a Biden-Harris ticket.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11842931/bay-area-courts-challenged-trump-on-immigration-now-the-cases-head-to-supreme-court","authors":["259"],"categories":["news_1169","news_6188","news_8"],"tags":["news_4863","news_350","news_23087","news_20446","news_25786","news_20202","news_24941","news_20530","news_26112","news_28688","news_21038","news_1172"],"featImg":"news_11842953","label":"news"},"news_11826363":{"type":"posts","id":"news_11826363","meta":{"index":"posts_1591205157","site":"news","id":"11826363","score":null,"sort":[1593207537000]},"guestAuthors":[],"slug":"appeals-court-trump-wrongly-diverted-2-5b-for-border-wall","title":"Appeals Court: Trump Wrongly Diverted $2.5B for Border Wall","publishDate":1593207537,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A federal appeals court on Friday ruled against the Trump administration in its transfer of \u003ca href=\"https://www.kqed.org/news/11763752/supreme-court-allows-use-of-pentagon-funds-for-border-wall\">$2.5 billion from military construction projects\u003c/a> to build sections of the U.S. border wall with Mexico, ruling it illegally sidestepped Congress, which gets to decide how to use the funds.\u003c/p>\n\u003cp>The 9th U.S. Circuit Court of Appeals agreed with a coalition of border states and environmental groups that contended the money transfer was unlawful and that building the wall would pose environmental threats.\u003c/p>\n\u003cp>The ruling was the latest twist in the legal battle that has largely gone Trump’s way. Last July, the Supreme Court allowed the $2.5 billion to be spent while the litigation continued, blunting the impact of the latest appeals court action.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"California Attorney General Xavier Becerra\"]'Today, the court reminded the president — once again — that no one is above the law.'[/pullquote]\u003c/p>\n\u003cp>The administration has already awarded much of the money, including a $1.3 billion job in Arizona that was announced last month. Trump visited Yuma, Arizona, on Tuesday to mark completion of the 200th mile of border wall during his administration, much of it with the transferred military funds that the 9th Circuit panel found illegal.\u003c/p>\n\u003cp>After the $2.5 billion transfer of military funds, the Pentagon diverted another $3.6 billion that an appeals court in New Orleans ruled in January could be spent.\u003c/p>\n\u003cp>The 9th Circuit ruled that the Trump administration not only lacked the authority to authorize the transfer of funds, “but also violated an express constitutional prohibition designed to protect individual liberties.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The vote was 2-1 with judges appointed by former President Bill Clinton in the majority and a Trump nominee dissenting.\u003c/p>\n\u003cp>The panel said the government was proceeding with border wall construction without ensuring compliance with any environmental regulations, thereby harming the interests of Sierra Club members who visit the border region for hiking, bird watching and other recreational activities.\u003c/p>\n\u003cp>[aside tag=\"border-wall\" label=\"related coverage\"]\u003cbr>\nThe panel also held that the government failed to show that construction would halt the flow of illegal drugs. It said the administration had cited drug statistics but didn't address how the wall would have an impact on the problem.\u003c/p>\n\u003cp>“The executive branch's failure to show, in concrete terms, that the public's interest favors a border wall is particularly significant given that Congress determined fencing to be a lower budgetary priority and the Department of Justice's data points to a contrary conclusion,” the majority wrote.\u003c/p>\n\u003cp>California Attorney General Xavier Becerra, who led a 20-state coalition of attorneys general that sued the administration, praised the court decision.\u003c/p>\n\u003cp>“Today, the court reminded the president — once again — that no one is above the law,” Becerra said in a statement. “While the Trump administration steals public funds to build an unauthorized wall at the southern border, families across the country are struggling to pay their bills. They deserve to know that their hard-earned dollars are going where Congress intended — to benefit them and their communities.”\u003c/p>\n\u003cp>\u003cem>Associated Press writers Brian Melley in Los Angeles and Elliot Spagat in San Diego contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The 9th Circuit Court of Appeals ruled Friday that diverting $2.5 billion from military construction projects to build the wall illegally sidesteps Congress, which gets to decide how to use the funds.","status":"publish","parent":0,"modified":1593207537,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":16,"wordCount":545},"headData":{"title":"Appeals Court: Trump Wrongly Diverted $2.5B for Border Wall | KQED","description":"The 9th Circuit Court of Appeals ruled Friday that diverting $2.5 billion from military construction projects to build the wall illegally sidesteps Congress, which gets to decide how to use the funds.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Appeals Court: Trump Wrongly Diverted $2.5B for Border Wall","datePublished":"2020-06-26T21:38:57.000Z","dateModified":"2020-06-26T21:38:57.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11826363 https://ww2.kqed.org/news/?p=11826363","disqusUrl":"https://ww2.kqed.org/news/2020/06/26/appeals-court-trump-wrongly-diverted-2-5b-for-border-wall/","disqusTitle":"Appeals Court: Trump Wrongly Diverted $2.5B for Border Wall","nprByline":"Daisy Nguyen \u003cbr> Associated Press","path":"/news/11826363/appeals-court-trump-wrongly-diverted-2-5b-for-border-wall","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal appeals court on Friday ruled against the Trump administration in its transfer of \u003ca href=\"https://www.kqed.org/news/11763752/supreme-court-allows-use-of-pentagon-funds-for-border-wall\">$2.5 billion from military construction projects\u003c/a> to build sections of the U.S. border wall with Mexico, ruling it illegally sidestepped Congress, which gets to decide how to use the funds.\u003c/p>\n\u003cp>The 9th U.S. Circuit Court of Appeals agreed with a coalition of border states and environmental groups that contended the money transfer was unlawful and that building the wall would pose environmental threats.\u003c/p>\n\u003cp>The ruling was the latest twist in the legal battle that has largely gone Trump’s way. Last July, the Supreme Court allowed the $2.5 billion to be spent while the litigation continued, blunting the impact of the latest appeals court action.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Today, the court reminded the president — once again — that no one is above the law.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"California Attorney General Xavier Becerra","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The administration has already awarded much of the money, including a $1.3 billion job in Arizona that was announced last month. Trump visited Yuma, Arizona, on Tuesday to mark completion of the 200th mile of border wall during his administration, much of it with the transferred military funds that the 9th Circuit panel found illegal.\u003c/p>\n\u003cp>After the $2.5 billion transfer of military funds, the Pentagon diverted another $3.6 billion that an appeals court in New Orleans ruled in January could be spent.\u003c/p>\n\u003cp>The 9th Circuit ruled that the Trump administration not only lacked the authority to authorize the transfer of funds, “but also violated an express constitutional prohibition designed to protect individual liberties.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The vote was 2-1 with judges appointed by former President Bill Clinton in the majority and a Trump nominee dissenting.\u003c/p>\n\u003cp>The panel said the government was proceeding with border wall construction without ensuring compliance with any environmental regulations, thereby harming the interests of Sierra Club members who visit the border region for hiking, bird watching and other recreational activities.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"border-wall","label":"related coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nThe panel also held that the government failed to show that construction would halt the flow of illegal drugs. It said the administration had cited drug statistics but didn't address how the wall would have an impact on the problem.\u003c/p>\n\u003cp>“The executive branch's failure to show, in concrete terms, that the public's interest favors a border wall is particularly significant given that Congress determined fencing to be a lower budgetary priority and the Department of Justice's data points to a contrary conclusion,” the majority wrote.\u003c/p>\n\u003cp>California Attorney General Xavier Becerra, who led a 20-state coalition of attorneys general that sued the administration, praised the court decision.\u003c/p>\n\u003cp>“Today, the court reminded the president — once again — that no one is above the law,” Becerra said in a statement. “While the Trump administration steals public funds to build an unauthorized wall at the southern border, families across the country are struggling to pay their bills. They deserve to know that their hard-earned dollars are going where Congress intended — to benefit them and their communities.”\u003c/p>\n\u003cp>\u003cem>Associated Press writers Brian Melley in Los Angeles and Elliot Spagat in San Diego contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11826363/appeals-court-trump-wrongly-diverted-2-5b-for-border-wall","authors":["byline_news_11826363"],"categories":["news_1169","news_6188","news_8","news_13"],"tags":["news_4863","news_20446","news_1323"],"featImg":"news_11826380","label":"news"},"news_11804139":{"type":"posts","id":"news_11804139","meta":{"index":"posts_1591205157","site":"news","id":"11804139","score":null,"sort":[1582920998000]},"guestAuthors":[],"slug":"federal-appeals-court-in-sf-temporarily-halts-trumps-remain-in-mexico-policy","title":"Federal Appeals Court in SF Temporarily Halts Trump’s ‘Remain in Mexico’ Policy","publishDate":1582920998,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>A federal appeals court on Friday temporarily halted a Trump administration policy to make asylum-seekers \u003ca href=\"https://www.kqed.org/news/11758516/fear-confusion-and-separation-as-trump-administration-sends-migrants-back-to-mexico\" target=\"_blank\" rel=\"noopener noreferrer\">wait in Mexico\u003c/a> while their cases wind through U.S. immigration courts.\u003c/p>\n\u003cp>The same court decided to keep another major change on hold, one that denies asylum to anyone who enters the U.S. illegally from Mexico.\u003c/p>\n\u003cp>A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco ruled on the two policies that are central to President Trump’s asylum crackdown, dealing the administration a major setback, even if it proves temporary.\u003c/p>\n\u003cp>The question before the judges was whether to let the policies take effect during legal challenges.\u003c/p>\n\u003cp>The Trump administration has made asylum an increasingly remote possibility at a time when claims have soared. By 2017, the United States had become the world’s top destination for people seeking asylum.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The “Remain in Mexico” measure took effect in January 2019 and nearly 60,000 people have been sent back to wait for hearings. The court \u003ca href=\"https://www.kqed.org/news/11796825/one-year-into-trump-remain-in-mexico-policy-congress-increases-scrutiny\">declared the policy invalid\u003c/a>, but acknowledged the ruling only applied to California and Arizona, the only border states in their jurisdiction.\u003c/p>\n\u003cp>The other measure with far-reaching consequences denies asylum to anyone who passes through another country on the way to the U.S. border with Mexico without seeking protection there first. That policy took effect in September and is being challenged in a separate lawsuit.\u003c/p>\n\u003cp>Justice Department lawyers asserted that Trump was within his rights to impose the policies without Congress’ approval and that they would help deter asylum claims that lack merit.\u003c/p>\n\u003cp>Opponents, including the American Civil Liberties Union, argued that the administration violated U.S. law and obligations to international treaties by turning back people who will likely be persecuted because of their race, religion, nationality or political beliefs.\u003c/p>\n\u003cp>Judges William Fletcher and Richard Paez, who were both appointed by President Bill Clinton, sharply questioned government attorneys on “Remain in Mexico” during arguments Oct. 1. They voted to block it.\u003c/p>\n\u003cp>Judge Ferdinand Fernandez, an appointee of President Ronald Reagan, dissented.\u003c/p>\n\u003cp>Supporters of the \"Remain in Mexico\" policy note it has prevented asylum-seekers from being released in the United States with notices to appear in court, which they consider a major incentive for people to come.\u003c/p>\n\u003cp>Its expansion coincided with a sharp drop in Border Patrol arrests from a 13-year high in May, suggesting it may have had its intended effect. The Homeland Security Department called it “an indispensable tool” in an Oct. 28 report.\u003c/p>\n\u003cp>Opponents say it has exposed asylum-seekers to extreme danger in violent Mexican border cities while they wait for U.S. court hearings. \u003ca href=\"https://www.humanrightsfirst.org/\">Human Rights First\u003c/a>, an advocacy group that has criticized the policy, said in January that there were more than 800 public reports of rape, kidnapping, torture and other violent crimes against asylum-seekers who have been sent back to Mexico.\u003c/p>\n\u003cp>The policy was introduced at the border crossing in San Diego in January and initially focused on asylum-seekers from Guatemala, Honduras and El Salvador.\u003c/p>\n\u003cp>It expanded to crossings in Calexico, California, and the Texas cities of El Paso, Eagle Pass, Laredo, Brownsville, and included more people from Spanish-speaking countries.\u003c/p>\n\u003cp>[aside tag=\"remain-in-mexico\" label=\"Trump's Remain in Mexico policy\"]\u003c/p>\n\u003cp>The administration on Nov. 22 began busing asylum-seekers who crossed the border in Arizona from Tucson to El Paso, Texas, to be returned from Mexico from there, extending the policy across every major corridor for illegal border crossings.\u003c/p>\n\u003cp>In Laredo and Brownsville, asylum-seekers appear for hearings in tents on U.S. Customs and Border Protection property, connected by video to judges in other locations.\u003c/p>\n\u003cp>Mexicans are exempt, as are unaccompanied children.\u003c/p>\n\u003cp>The asylum ban on anyone who crosses the border illegally from Mexico also drew pointed questions from the judges during arguments. They asked whether the policy violated U.S. law that says it doesn't matter how people enter the country.\u003c/p>\n\u003cp>The U.S. Supreme Court declined to lift a ruling blocking the ban following an extraordinary spat last year between Trump and Chief Justice John Roberts.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The president denounced the judge who ruled against the ban as an \"Obama judge.\" Roberts said there was no such thing in a strongly worded statement defending judicial independence. Trump stood behind his comments.\u003c/p>\n\n","blocks":[],"excerpt":"A panel of the 9th U.S. Circuit Court of Appeals has temporarily halted a major Trump administration policy to make asylum-seekers wait in Mexico while their cases wind through U.S. immigration courts. ","status":"publish","parent":0,"modified":1584742427,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":728},"headData":{"title":"Federal Appeals Court in SF Temporarily Halts Trump’s ‘Remain in Mexico’ Policy | KQED","description":"A panel of the 9th U.S. Circuit Court of Appeals has temporarily halted a major Trump administration policy to make asylum-seekers wait in Mexico while their cases wind through U.S. immigration courts. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Federal Appeals Court in SF Temporarily Halts Trump’s ‘Remain in Mexico’ Policy","datePublished":"2020-02-28T20:16:38.000Z","dateModified":"2020-03-20T22:13:47.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11804139 https://ww2.kqed.org/news/?p=11804139","disqusUrl":"https://ww2.kqed.org/news/2020/02/28/federal-appeals-court-in-sf-temporarily-halts-trumps-remain-in-mexico-policy/","disqusTitle":"Federal Appeals Court in SF Temporarily Halts Trump’s ‘Remain in Mexico’ Policy","source":"News","sourceUrl":"https://www.kqed.org/","nprByline":"Elliot Spagat \u003cbr> Associated Press","path":"/news/11804139/federal-appeals-court-in-sf-temporarily-halts-trumps-remain-in-mexico-policy","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal appeals court on Friday temporarily halted a Trump administration policy to make asylum-seekers \u003ca href=\"https://www.kqed.org/news/11758516/fear-confusion-and-separation-as-trump-administration-sends-migrants-back-to-mexico\" target=\"_blank\" rel=\"noopener noreferrer\">wait in Mexico\u003c/a> while their cases wind through U.S. immigration courts.\u003c/p>\n\u003cp>The same court decided to keep another major change on hold, one that denies asylum to anyone who enters the U.S. illegally from Mexico.\u003c/p>\n\u003cp>A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco ruled on the two policies that are central to President Trump’s asylum crackdown, dealing the administration a major setback, even if it proves temporary.\u003c/p>\n\u003cp>The question before the judges was whether to let the policies take effect during legal challenges.\u003c/p>\n\u003cp>The Trump administration has made asylum an increasingly remote possibility at a time when claims have soared. By 2017, the United States had become the world’s top destination for people seeking asylum.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The “Remain in Mexico” measure took effect in January 2019 and nearly 60,000 people have been sent back to wait for hearings. The court \u003ca href=\"https://www.kqed.org/news/11796825/one-year-into-trump-remain-in-mexico-policy-congress-increases-scrutiny\">declared the policy invalid\u003c/a>, but acknowledged the ruling only applied to California and Arizona, the only border states in their jurisdiction.\u003c/p>\n\u003cp>The other measure with far-reaching consequences denies asylum to anyone who passes through another country on the way to the U.S. border with Mexico without seeking protection there first. That policy took effect in September and is being challenged in a separate lawsuit.\u003c/p>\n\u003cp>Justice Department lawyers asserted that Trump was within his rights to impose the policies without Congress’ approval and that they would help deter asylum claims that lack merit.\u003c/p>\n\u003cp>Opponents, including the American Civil Liberties Union, argued that the administration violated U.S. law and obligations to international treaties by turning back people who will likely be persecuted because of their race, religion, nationality or political beliefs.\u003c/p>\n\u003cp>Judges William Fletcher and Richard Paez, who were both appointed by President Bill Clinton, sharply questioned government attorneys on “Remain in Mexico” during arguments Oct. 1. They voted to block it.\u003c/p>\n\u003cp>Judge Ferdinand Fernandez, an appointee of President Ronald Reagan, dissented.\u003c/p>\n\u003cp>Supporters of the \"Remain in Mexico\" policy note it has prevented asylum-seekers from being released in the United States with notices to appear in court, which they consider a major incentive for people to come.\u003c/p>\n\u003cp>Its expansion coincided with a sharp drop in Border Patrol arrests from a 13-year high in May, suggesting it may have had its intended effect. The Homeland Security Department called it “an indispensable tool” in an Oct. 28 report.\u003c/p>\n\u003cp>Opponents say it has exposed asylum-seekers to extreme danger in violent Mexican border cities while they wait for U.S. court hearings. \u003ca href=\"https://www.humanrightsfirst.org/\">Human Rights First\u003c/a>, an advocacy group that has criticized the policy, said in January that there were more than 800 public reports of rape, kidnapping, torture and other violent crimes against asylum-seekers who have been sent back to Mexico.\u003c/p>\n\u003cp>The policy was introduced at the border crossing in San Diego in January and initially focused on asylum-seekers from Guatemala, Honduras and El Salvador.\u003c/p>\n\u003cp>It expanded to crossings in Calexico, California, and the Texas cities of El Paso, Eagle Pass, Laredo, Brownsville, and included more people from Spanish-speaking countries.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"remain-in-mexico","label":"Trump's Remain in Mexico policy "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The administration on Nov. 22 began busing asylum-seekers who crossed the border in Arizona from Tucson to El Paso, Texas, to be returned from Mexico from there, extending the policy across every major corridor for illegal border crossings.\u003c/p>\n\u003cp>In Laredo and Brownsville, asylum-seekers appear for hearings in tents on U.S. Customs and Border Protection property, connected by video to judges in other locations.\u003c/p>\n\u003cp>Mexicans are exempt, as are unaccompanied children.\u003c/p>\n\u003cp>The asylum ban on anyone who crosses the border illegally from Mexico also drew pointed questions from the judges during arguments. They asked whether the policy violated U.S. law that says it doesn't matter how people enter the country.\u003c/p>\n\u003cp>The U.S. Supreme Court declined to lift a ruling blocking the ban following an extraordinary spat last year between Trump and Chief Justice John Roberts.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The president denounced the judge who ruled against the ban as an \"Obama judge.\" Roberts said there was no such thing in a strongly worded statement defending judicial independence. Trump stood behind his comments.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11804139/federal-appeals-court-in-sf-temporarily-halts-trumps-remain-in-mexico-policy","authors":["byline_news_11804139"],"programs":["news_72"],"categories":["news_1169","news_6188","news_8","news_13"],"tags":["news_4863","news_23087","news_26233","news_18538","news_1323","news_19542","news_17968","news_26112"],"featImg":"news_11804147","label":"source_news_11804139"},"news_11781894":{"type":"posts","id":"news_11781894","meta":{"index":"posts_1591205157","site":"news","id":"11781894","score":null,"sort":[1571790068000]},"guestAuthors":[],"slug":"judges-in-san-francisco-to-weigh-in-on-asylum-seekers-right-to-bond-hearings","title":"Judges in San Francisco to Weigh in on Asylum-Seekers' Right to Bond Hearings","publishDate":1571790068,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A federal appeals court in San Francisco is considering whether thousands of asylum-seekers can be locked up for months or years, or whether they have a constitutional right to ask a judge for their release on bond.\u003c/p>\n\u003cp>A three-judge panel of the 9th U.S. Circuit Court of Appeals heard arguments Tuesday in a lawsuit challenging a Trump administration order that aims to detain asylum-seekers who enter the country without proper inspection until their cases are decided, a process that can take up to several years.\u003c/p>\n\u003cp>Just moments after Justice Department attorney Lauren Bingham began addressing the court, Judge Michael Hawkins cut her off with what would become a recurring question throughout the hearing.\u003c/p>\n\u003cp>“Are the people in the plaintiffs class subject to indefinite detention with no promise of a bond hearing? Yes or no?” asked Hawkins, a Clinton appointee.\u003c/p>\n\u003cp>Detention would not be indefinite, Bingham responded, because it would last only until an immigration judge decides if the government can deport that individual.\u003c/p>\n\u003cp>Bingham said immigrants who entered the country illegally — and passed initial interviews establishing a “credible fear” of persecution or torture — are entitled only to rights expressly given to them by Congress.\u003c/p>\n\u003cp>“There is a sliding scale of due process,” she said. “And the Supreme Court has said on multiple occasions that due process is a flexible concept that takes into account all of the different varying circumstances.”\u003c/p>\n\u003cp>[aside label=\"Related Coverage\" tag=\"asylum\"]\u003c/p>\n\u003cp>Last year, the U.S. Supreme Court ruled that immigration laws do not give detained immigrants the right to periodic bond hearings. But the justices also instructed lower courts to examine whether the U.S. Constitution requires such hearings.\u003c/p>\n\u003cp>In April, U.S. Attorney General William Barr, whose purview includes immigration courts, \u003ca href=\"https://www.justice.gov/eoir/file/1154747/download\" target=\"_blank\" rel=\"noopener\">issued the order\u003c/a> saying asylum-seekers who entered unlawfully are no longer eligible for release on bond, despite the fact that the practice has been around for decades.\u003c/p>\n\u003cp>The change is one of several efforts by the Trump administration to dramatically restrict humanitarian protections, arguing that migrants are abusing the U.S. asylum system.\u003c/p>\n\u003cp>Under Barr’s order, U.S. Immigration and Customs Enforcement can still decide to release asylum applicants. But plaintiff attorneys argue that if the policy takes effect, detainees would not have a fair shot at freedom because ICE is biased toward detaining people.\u003c/p>\n\u003cp>In criminal cases, defendants generally have the right to ask a judge to set them free while their cases are decided.\u003c/p>\n\u003cp>In July, a federal judge in Seattle issued a nationwide halt to Barr’s order. U.S. District Judge Marsha J. Pechman also said the government must provide bond hearings within seven days.\u003c/p>\n\u003cp>Pechman’s ruling provides critical protections that allow migrants seeking refuge in the U.S. to have a “genuine opportunity” to make their case for asylum, plaintiffs’ attorney Matt Adams told the 9th circuit panel.\u003c/p>\n\u003cp>“We have thousands of our class members who will not only have been deprived of their liberty for months and perhaps years,” said Adams, legal director at the Northwest Immigrant Rights Project. “But many will then have been deprived of the opportunity to obtain legal representation, to gather the evidence necessary to marshal their case, to present their case before the court.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Only one out of 10 asylum-seekers win their case without legal representation, \u003ca href=\"https://trac.syr.edu/immigration/reports/491/\" target=\"_blank\" rel=\"noopener\">according to\u003c/a> researchers at Syracuse University.\u003c/p>\n\u003cp>Government attorney Bingham cautioned the judges against requiring hearings within seven days.\u003c/p>\n\u003cp>“By requiring the bond hearings to happen so quickly with the government bearing the burden of proof, it incentivizes aliens to enter the United States illegally because they would then be entitled to greater process than if they properly reported to a port of entry,” said Bingham, referring to official border crossings.\u003c/p>\n\u003cp>Trump and other top administration officials argue that many asylum-seekers skip court hearings and disappear into the country after they are released from detention. But that’s not supported by several studies, including a \u003ca href=\"https://www.kqed.org/news/11756583/report-vast-majority-of-asylum-seeking-families-in-s-f-immigration-court-attend-all-hearings\" target=\"_blank\" rel=\"noopener\">recent analysis\u003c/a> that found that close to 98% of families applying for asylum in San Francisco’s immigration court showed up to every hearing.\u003c/p>\n\u003cp>About half of asylum-seekers who go before a judge and request release are granted bond while their case is decided, Adams told the panel of judges.\u003c/p>\n\u003cp>In the face of \u003ca href=\"https://www.cbp.gov/newsroom/national-media-release/claims-credible-fear-increase-fiscal-year-2018\" target=\"_blank\" rel=\"noopener\">growing numbers\u003c/a> of people claiming asylum, the Trump administration has moved aggressively to eliminate what officials call “loopholes” they say attract migrants from Central America.\u003c/p>\n\u003cp>Immigration advocates have challenged many of those policies — including one that denies asylum to people who fail to seek protection in a country they cross en route to the U.S., and another that forces asylum-seekers to remain in Mexico while an immigration judge decides their case.\u003c/p>\n\u003cp>“We've seen from this administration an assault on asylum,” said Michael Tan, a senior staff attorney with the ACLU Immigrants' Rights Project. “The sad reality — that this administration is all too aware of — is that a lot of people just give up, they'd rather risk their life and safety than stay locked up.”\u003c/p>\n\u003cp>The three-judge panel is expected to issue its ruling soon.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"A federal appeals court is considering whether thousands of asylum-seekers can be locked up for months or years, without the right to ask a judge to release them on bond.","status":"publish","parent":0,"modified":1571792243,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":27,"wordCount":887},"headData":{"title":"Judges in San Francisco to Weigh in on Asylum-Seekers' Right to Bond Hearings | KQED","description":"A federal appeals court is considering whether thousands of asylum-seekers can be locked up for months or years, without the right to ask a judge to release them on bond.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Judges in San Francisco to Weigh in on Asylum-Seekers' Right to Bond Hearings","datePublished":"2019-10-23T00:21:08.000Z","dateModified":"2019-10-23T00:57:23.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11781894 https://ww2.kqed.org/news/?p=11781894","disqusUrl":"https://ww2.kqed.org/news/2019/10/22/judges-in-san-francisco-to-weigh-in-on-asylum-seekers-right-to-bond-hearings/","disqusTitle":"Judges in San Francisco to Weigh in on Asylum-Seekers' Right to Bond Hearings","path":"/news/11781894/judges-in-san-francisco-to-weigh-in-on-asylum-seekers-right-to-bond-hearings","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal appeals court in San Francisco is considering whether thousands of asylum-seekers can be locked up for months or years, or whether they have a constitutional right to ask a judge for their release on bond.\u003c/p>\n\u003cp>A three-judge panel of the 9th U.S. Circuit Court of Appeals heard arguments Tuesday in a lawsuit challenging a Trump administration order that aims to detain asylum-seekers who enter the country without proper inspection until their cases are decided, a process that can take up to several years.\u003c/p>\n\u003cp>Just moments after Justice Department attorney Lauren Bingham began addressing the court, Judge Michael Hawkins cut her off with what would become a recurring question throughout the hearing.\u003c/p>\n\u003cp>“Are the people in the plaintiffs class subject to indefinite detention with no promise of a bond hearing? Yes or no?” asked Hawkins, a Clinton appointee.\u003c/p>\n\u003cp>Detention would not be indefinite, Bingham responded, because it would last only until an immigration judge decides if the government can deport that individual.\u003c/p>\n\u003cp>Bingham said immigrants who entered the country illegally — and passed initial interviews establishing a “credible fear” of persecution or torture — are entitled only to rights expressly given to them by Congress.\u003c/p>\n\u003cp>“There is a sliding scale of due process,” she said. “And the Supreme Court has said on multiple occasions that due process is a flexible concept that takes into account all of the different varying circumstances.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"asylum"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Last year, the U.S. Supreme Court ruled that immigration laws do not give detained immigrants the right to periodic bond hearings. But the justices also instructed lower courts to examine whether the U.S. Constitution requires such hearings.\u003c/p>\n\u003cp>In April, U.S. Attorney General William Barr, whose purview includes immigration courts, \u003ca href=\"https://www.justice.gov/eoir/file/1154747/download\" target=\"_blank\" rel=\"noopener\">issued the order\u003c/a> saying asylum-seekers who entered unlawfully are no longer eligible for release on bond, despite the fact that the practice has been around for decades.\u003c/p>\n\u003cp>The change is one of several efforts by the Trump administration to dramatically restrict humanitarian protections, arguing that migrants are abusing the U.S. asylum system.\u003c/p>\n\u003cp>Under Barr’s order, U.S. Immigration and Customs Enforcement can still decide to release asylum applicants. But plaintiff attorneys argue that if the policy takes effect, detainees would not have a fair shot at freedom because ICE is biased toward detaining people.\u003c/p>\n\u003cp>In criminal cases, defendants generally have the right to ask a judge to set them free while their cases are decided.\u003c/p>\n\u003cp>In July, a federal judge in Seattle issued a nationwide halt to Barr’s order. U.S. District Judge Marsha J. Pechman also said the government must provide bond hearings within seven days.\u003c/p>\n\u003cp>Pechman’s ruling provides critical protections that allow migrants seeking refuge in the U.S. to have a “genuine opportunity” to make their case for asylum, plaintiffs’ attorney Matt Adams told the 9th circuit panel.\u003c/p>\n\u003cp>“We have thousands of our class members who will not only have been deprived of their liberty for months and perhaps years,” said Adams, legal director at the Northwest Immigrant Rights Project. “But many will then have been deprived of the opportunity to obtain legal representation, to gather the evidence necessary to marshal their case, to present their case before the court.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Only one out of 10 asylum-seekers win their case without legal representation, \u003ca href=\"https://trac.syr.edu/immigration/reports/491/\" target=\"_blank\" rel=\"noopener\">according to\u003c/a> researchers at Syracuse University.\u003c/p>\n\u003cp>Government attorney Bingham cautioned the judges against requiring hearings within seven days.\u003c/p>\n\u003cp>“By requiring the bond hearings to happen so quickly with the government bearing the burden of proof, it incentivizes aliens to enter the United States illegally because they would then be entitled to greater process than if they properly reported to a port of entry,” said Bingham, referring to official border crossings.\u003c/p>\n\u003cp>Trump and other top administration officials argue that many asylum-seekers skip court hearings and disappear into the country after they are released from detention. But that’s not supported by several studies, including a \u003ca href=\"https://www.kqed.org/news/11756583/report-vast-majority-of-asylum-seeking-families-in-s-f-immigration-court-attend-all-hearings\" target=\"_blank\" rel=\"noopener\">recent analysis\u003c/a> that found that close to 98% of families applying for asylum in San Francisco’s immigration court showed up to every hearing.\u003c/p>\n\u003cp>About half of asylum-seekers who go before a judge and request release are granted bond while their case is decided, Adams told the panel of judges.\u003c/p>\n\u003cp>In the face of \u003ca href=\"https://www.cbp.gov/newsroom/national-media-release/claims-credible-fear-increase-fiscal-year-2018\" target=\"_blank\" rel=\"noopener\">growing numbers\u003c/a> of people claiming asylum, the Trump administration has moved aggressively to eliminate what officials call “loopholes” they say attract migrants from Central America.\u003c/p>\n\u003cp>Immigration advocates have challenged many of those policies — including one that denies asylum to people who fail to seek protection in a country they cross en route to the U.S., and another that forces asylum-seekers to remain in Mexico while an immigration judge decides their case.\u003c/p>\n\u003cp>“We've seen from this administration an assault on asylum,” said Michael Tan, a senior staff attorney with the ACLU Immigrants' Rights Project. “The sad reality — that this administration is all too aware of — is that a lot of people just give up, they'd rather risk their life and safety than stay locked up.”\u003c/p>\n\u003cp>The three-judge panel is expected to issue its ruling soon.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11781894/judges-in-san-francisco-to-weigh-in-on-asylum-seekers-right-to-bond-hearings","authors":["8659"],"programs":["news_72"],"categories":["news_1169","news_6188","news_8","news_13"],"tags":["news_4863","news_23087","news_26233","news_23653","news_21336","news_24253","news_1323","news_23687","news_20202","news_38"],"featImg":"news_11781912","label":"news_72"},"news_11767980":{"type":"posts","id":"news_11767980","meta":{"index":"posts_1591205157","site":"news","id":"11767980","score":null,"sort":[1565990362000]},"guestAuthors":[],"slug":"court-rules-u-s-can-reject-asylum-along-parts-of-mexico-border","title":"Court Rules U.S. Can Reject Asylum Along Parts of Mexico Border","publishDate":1565990362,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A federal appeals court's ruling Friday will allow the Trump administration to begin rejecting asylum along the U.S.-Mexico border in New Mexico and Texas for migrants who arrive after passing through a third country.\u003c/p>\n\u003cp>Under Friday's ruling from the 9th U.S. Circuit Court of Appeals in San Francisco, U.S. District Judge Jon Tigar's \u003ca href=\"https://www.kqed.org/news/11763296/federal-judge-in-s-f-halts-new-rule-targeting-central-american-asylum-seekers\" rel=\"noopener\" target=\"_blank\">July 24 order stopping the third-country policy\u003c/a> would only apply in California and Arizona, which are covered by the 9th Circuit.\u003c/p>\n\u003cp>The two busiest areas for unauthorized border crossings are in South Texas' Rio Grande Valley and the region around El Paso, Texas, which includes New Mexico. Nearly 50,000 people in July crossed the U.S. border without permission in those two regions, according to the U.S. Border Patrol.\u003c/p>\n\u003cp>The Trump administration policy would deny asylum to anyone who passes through another country on the way to the U.S. without seeking protection there. Most crossing the southern border are Central Americans fleeing violence and poverty, who would largely be ineligible. The policy would also apply to people from Africa, Asia and South America who come to the southern border to request asylum.\u003c/p>\n\u003cp>If the policy is implemented, ineligible migrants who cross in New Mexico and Texas could be detained and more quickly deported. The U.S. Department of Homeland Security did not immediately respond to a request for comment Friday.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Under American law, people can request asylum when they arrive in the U.S. regardless of how they enter. The law makes an exception for those who have come through a country considered to be \"safe\" pursuant to an agreement between the U.S. and that country.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11761305/this-obscure-treaty-is-the-blueprint-for-trumps-new-asylum-rule\" rel=\"noopener\" target=\"_blank\">Canada and the U.S. have a \"safe third country\" agreement\u003c/a>. But the U.S. doesn't have one with Mexico or countries in Central America. The Trump administration has tried to sign one with Guatemala, but the country's incoming president said this week that Guatemala would not be able to uphold a tentative deal reached by his predecessor.\u003c/p>\n\u003cp>The U.S. government is already turning away many asylum-seekers at the southern border.\u003c/p>\n\u003cp>About 30,000 people have been returned to Mexico to await asylum hearings under the government's Migrant Protection Protocols program. Tens of thousands of others are waiting in shelters and camps to present themselves to U.S. border agents at official ports of entry that have strict daily limits on asylum-seekers.\u003c/p>\n\u003cp>[aside postID='news_11763296,news_11761316,news_11761305' label='Related Coverage']\u003c/p>\n\u003cp>Mexico's asylum system is itself overwhelmed, and there are widespread reports of migrants being attacked and extorted. Border cities across from New Mexico and Texas include Juarez, Nuevo Laredo and Reynosa, all of which are well-known for their violence and gang presence.\u003c/p>\n\u003cp>Tigar had ruled the policy could expose migrants to violence and abuse, deny their rights under international law and return them to countries they were fleeing.\u003c/p>\n\u003cp>The appeals court ruled that Tigar's order hadn't considered whether a nationwide order was necessary and that there wasn't enough evidence presented yet to conclude that it was. The court instructed Tigar to \"further develop the record in support of a preliminary injunction\" extending nationwide.\u003c/p>\n\u003cp>Judges Mark Bennett and Milan Smith voted to limit Tigar's order. Judge A. Wallace Tashima dissented.\u003c/p>\n\u003cp>Tigar is a nominee of former President Barack Obama. Trump previously derided Tigar as an \"Obama judge\" after Tigar ruled against another set of asylum restrictions last year. That comment led to an unusual rebuke from Chief Justice John Roberts, who said the judiciary did not have \"Obama judges or Clinton judges.\"\u003c/p>\n\u003cp>Trump nominated Bennett, while Smith was nominated by former President George W. Bush. Tashima was nominated by former President Bill Clinton.\u003c/p>\n\u003cp>The American Civil Liberties Union and other legal groups had sued the Trump administration after it announced the restrictions last month.\u003c/p>\n\u003cp>\"We will continue fighting to end the ban entirely and permanently,\" said Lee Gelernt, a lawyer for the ACLU.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The U.S. Department of Justice declined to comment.\u003c/p>\n\n","blocks":[],"excerpt":"The Trump administration policy would deny asylum to anyone who passes through another country on the way to the U.S. without seeking protection there. ","status":"publish","parent":0,"modified":1565990362,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":676},"headData":{"title":"Court Rules U.S. Can Reject Asylum Along Parts of Mexico Border | KQED","description":"The Trump administration policy would deny asylum to anyone who passes through another country on the way to the U.S. without seeking protection there. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Court Rules U.S. Can Reject Asylum Along Parts of Mexico Border","datePublished":"2019-08-16T21:19:22.000Z","dateModified":"2019-08-16T21:19:22.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11767980 https://ww2.kqed.org/news/?p=11767980","disqusUrl":"https://ww2.kqed.org/news/2019/08/16/court-rules-u-s-can-reject-asylum-along-parts-of-mexico-border/","disqusTitle":"Court Rules U.S. Can Reject Asylum Along Parts of Mexico Border","nprByline":"Nomaan Merchant\u003cbr />Associated Press","path":"/news/11767980/court-rules-u-s-can-reject-asylum-along-parts-of-mexico-border","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal appeals court's ruling Friday will allow the Trump administration to begin rejecting asylum along the U.S.-Mexico border in New Mexico and Texas for migrants who arrive after passing through a third country.\u003c/p>\n\u003cp>Under Friday's ruling from the 9th U.S. Circuit Court of Appeals in San Francisco, U.S. District Judge Jon Tigar's \u003ca href=\"https://www.kqed.org/news/11763296/federal-judge-in-s-f-halts-new-rule-targeting-central-american-asylum-seekers\" rel=\"noopener\" target=\"_blank\">July 24 order stopping the third-country policy\u003c/a> would only apply in California and Arizona, which are covered by the 9th Circuit.\u003c/p>\n\u003cp>The two busiest areas for unauthorized border crossings are in South Texas' Rio Grande Valley and the region around El Paso, Texas, which includes New Mexico. Nearly 50,000 people in July crossed the U.S. border without permission in those two regions, according to the U.S. Border Patrol.\u003c/p>\n\u003cp>The Trump administration policy would deny asylum to anyone who passes through another country on the way to the U.S. without seeking protection there. Most crossing the southern border are Central Americans fleeing violence and poverty, who would largely be ineligible. The policy would also apply to people from Africa, Asia and South America who come to the southern border to request asylum.\u003c/p>\n\u003cp>If the policy is implemented, ineligible migrants who cross in New Mexico and Texas could be detained and more quickly deported. The U.S. Department of Homeland Security did not immediately respond to a request for comment Friday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Under American law, people can request asylum when they arrive in the U.S. regardless of how they enter. The law makes an exception for those who have come through a country considered to be \"safe\" pursuant to an agreement between the U.S. and that country.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11761305/this-obscure-treaty-is-the-blueprint-for-trumps-new-asylum-rule\" rel=\"noopener\" target=\"_blank\">Canada and the U.S. have a \"safe third country\" agreement\u003c/a>. But the U.S. doesn't have one with Mexico or countries in Central America. The Trump administration has tried to sign one with Guatemala, but the country's incoming president said this week that Guatemala would not be able to uphold a tentative deal reached by his predecessor.\u003c/p>\n\u003cp>The U.S. government is already turning away many asylum-seekers at the southern border.\u003c/p>\n\u003cp>About 30,000 people have been returned to Mexico to await asylum hearings under the government's Migrant Protection Protocols program. Tens of thousands of others are waiting in shelters and camps to present themselves to U.S. border agents at official ports of entry that have strict daily limits on asylum-seekers.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11763296,news_11761316,news_11761305","label":"Related Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Mexico's asylum system is itself overwhelmed, and there are widespread reports of migrants being attacked and extorted. Border cities across from New Mexico and Texas include Juarez, Nuevo Laredo and Reynosa, all of which are well-known for their violence and gang presence.\u003c/p>\n\u003cp>Tigar had ruled the policy could expose migrants to violence and abuse, deny their rights under international law and return them to countries they were fleeing.\u003c/p>\n\u003cp>The appeals court ruled that Tigar's order hadn't considered whether a nationwide order was necessary and that there wasn't enough evidence presented yet to conclude that it was. The court instructed Tigar to \"further develop the record in support of a preliminary injunction\" extending nationwide.\u003c/p>\n\u003cp>Judges Mark Bennett and Milan Smith voted to limit Tigar's order. Judge A. Wallace Tashima dissented.\u003c/p>\n\u003cp>Tigar is a nominee of former President Barack Obama. Trump previously derided Tigar as an \"Obama judge\" after Tigar ruled against another set of asylum restrictions last year. That comment led to an unusual rebuke from Chief Justice John Roberts, who said the judiciary did not have \"Obama judges or Clinton judges.\"\u003c/p>\n\u003cp>Trump nominated Bennett, while Smith was nominated by former President George W. Bush. Tashima was nominated by former President Bill Clinton.\u003c/p>\n\u003cp>The American Civil Liberties Union and other legal groups had sued the Trump administration after it announced the restrictions last month.\u003c/p>\n\u003cp>\"We will continue fighting to end the ban entirely and permanently,\" said Lee Gelernt, a lawyer for the ACLU.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The U.S. Department of Justice declined to comment.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11767980/court-rules-u-s-can-reject-asylum-along-parts-of-mexico-border","authors":["byline_news_11767980"],"programs":["news_72"],"categories":["news_1169","news_6188","news_8"],"tags":["news_4863","news_23087","news_23653","news_1323","news_24941","news_17041"],"featImg":"news_11768006","label":"news_72"},"news_11732523":{"type":"posts","id":"news_11732523","meta":{"index":"posts_1591205157","site":"news","id":"11732523","score":null,"sort":[1552572040000]},"guestAuthors":[],"slug":"trump-administrations-bid-to-scuttle-californias-sanctuary-laws-falls-flat-in-court","title":"Trump Administration's Bid to Scuttle California's Sanctuary Laws Falls Flat in Court","publishDate":1552572040,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A panel of federal judges on Wednesday appeared likely to uphold a lower court ruling that found California's so-called sanctuary policies do not interfere with the federal government's ability to enforce immigration law.\u003c/p>\n\u003cp>[aside tag='sanctuary-state' label='California, the sanctuary state.']\u003c/p>\n\u003cp>\"The state has enacted a statute that is an obstacle to the enforcement of federal law,\" U.S. Attorney Daniel Tenny told a panel of judges at a hearing at the 9th U.S. Circuit Court of Appeals in San Francisco.\u003c/p>\n\u003cp>To which Judge Milan Smith responded, \"Because it's an obstacle doesn't mean it's illegal, right?\"\u003c/p>\n\u003cp>Smith, appointed by President George W. Bush, told Tenny he could find nothing in federal law preventing California from refusing to support immigration authorities.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"You have California deciding, for its own policy reasons, that this is contrary to the interests of its public policy. It does not want to be part of it. It feels it's the wrong thing to do,\" Smith said. \"They're entitled to, under the governmental structure of the state of California.\"\u003c/p>\n\u003ch3>California's Sanctuary Laws\u003c/h3>\n\u003cp>California enacted a series of measures in 2017 to protect undocumented residents.\u003c/p>\n\u003cp>The most controversial measure, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB54\" target=\"_blank\" rel=\"noopener\">SB 54\u003c/a>, known as the \"state sanctuary law,\" limits local law enforcement cooperation with immigration agents — including sharing certain information with Immigration and Customs Enforcement.\u003c/p>\n\u003cp>Another law, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB103\" target=\"_blank\" rel=\"noopener\">AB 103,\u003c/a> empowers the California attorney general to monitor conditions in all immigrant detention facilities in the state for the next decade.\u003c/p>\n\u003cp>State Attorney General Xavier Becerra released his office's first \u003ca href=\"https://www.kqed.org/news/11728992/attorney-general-releases-first-report-on-immigration-detention-facilities-in-california\" target=\"_blank\" rel=\"noopener\">report\u003c/a> on the inspections in February.\u003c/p>\n\u003cp>The U.S. Department of Justice sued California on March 6, 2018, on the grounds that its sanctuary laws \"reflect a deliberate effort\" by the state to obstruct enforcement of federal immigration law.\u003c/p>\n\u003cp>Taken together, the laws “have the purpose and effect of making it more difficult for federal immigration officers to carry out their responsibilities in California,” the Justice Department said.\u003c/p>\n\u003cp>In July 2018, a federal judge in Sacramento rejected the Trump administration's bid to block SB 54 and AB 103. However, he struck down parts of a third bill, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB450\" target=\"_blank\" rel=\"noopener\">AB 450,\u003c/a> that would have required ICE to have a warrant to search privately owned businesses.\u003c/p>\n\u003cp>[pullquote size=\"small\" align=”right” citation=\"Judge Milan Smith, 9th U.S. Circuit Court of Appeals\"]'You have California deciding, for its own policy reasons, that this is contrary to the interests of its public policy. It does not want to be part of it. It feels it's the wrong thing to do.'[/pullquote]\u003c/p>\n\u003cp>At one point in court on Wednesday, Tenny denounced the obstacles that federal immigration authorities face in California, where they can no longer rely on local officials to transfer custody of undocumented people after they serve their criminal sentences.\u003c/p>\n\u003cp>\"You're legally permitted to take custody,\" he said. \"But you better get to the courthouse. You better get to the local police station fast and you better be ready to grab the person as soon as they walk out the door.\"\u003c/p>\n\u003cp>But Smith pushed back again, \"You're saying, 'Boy, this is really bad. It's really frustrating.' We'll grant you that ... I don't see why it's illegal. Is it illegal?\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>If the Trump administration loses its appeal before the 9th circuit, they are expected to petition the U.S. Supreme Court to hear the case.\u003c/p>\n\n","blocks":[],"excerpt":"A panel of federal judges on Wednesday appeared likely to uphold a lower court ruling that found California's so-called sanctuary policies do not interfere with the federal government's ability to enforce immigration law.\r\n","status":"publish","parent":0,"modified":1552589818,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":585},"headData":{"title":"Trump Administration's Bid to Scuttle California's Sanctuary Laws Falls Flat in Court | KQED","description":"A panel of federal judges on Wednesday appeared likely to uphold a lower court ruling that found California's so-called sanctuary policies do not interfere with the federal government's ability to enforce immigration law.\r\n","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Trump Administration's Bid to Scuttle California's Sanctuary Laws Falls Flat in Court","datePublished":"2019-03-14T14:00:40.000Z","dateModified":"2019-03-14T18:56:58.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11732523 https://ww2.kqed.org/news/?p=11732523","disqusUrl":"https://ww2.kqed.org/news/2019/03/14/trump-administrations-bid-to-scuttle-californias-sanctuary-laws-falls-flat-in-court/","disqusTitle":"Trump Administration's Bid to Scuttle California's Sanctuary Laws Falls Flat in Court","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2019/03/NinthCircuitSmalltcram190314.mp3","audioTrackLength":68,"path":"/news/11732523/trump-administrations-bid-to-scuttle-californias-sanctuary-laws-falls-flat-in-court","audioDuration":68000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A panel of federal judges on Wednesday appeared likely to uphold a lower court ruling that found California's so-called sanctuary policies do not interfere with the federal government's ability to enforce immigration law.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"sanctuary-state","label":"California, the sanctuary state. "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The state has enacted a statute that is an obstacle to the enforcement of federal law,\" U.S. Attorney Daniel Tenny told a panel of judges at a hearing at the 9th U.S. Circuit Court of Appeals in San Francisco.\u003c/p>\n\u003cp>To which Judge Milan Smith responded, \"Because it's an obstacle doesn't mean it's illegal, right?\"\u003c/p>\n\u003cp>Smith, appointed by President George W. Bush, told Tenny he could find nothing in federal law preventing California from refusing to support immigration authorities.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"You have California deciding, for its own policy reasons, that this is contrary to the interests of its public policy. It does not want to be part of it. It feels it's the wrong thing to do,\" Smith said. \"They're entitled to, under the governmental structure of the state of California.\"\u003c/p>\n\u003ch3>California's Sanctuary Laws\u003c/h3>\n\u003cp>California enacted a series of measures in 2017 to protect undocumented residents.\u003c/p>\n\u003cp>The most controversial measure, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB54\" target=\"_blank\" rel=\"noopener\">SB 54\u003c/a>, known as the \"state sanctuary law,\" limits local law enforcement cooperation with immigration agents — including sharing certain information with Immigration and Customs Enforcement.\u003c/p>\n\u003cp>Another law, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB103\" target=\"_blank\" rel=\"noopener\">AB 103,\u003c/a> empowers the California attorney general to monitor conditions in all immigrant detention facilities in the state for the next decade.\u003c/p>\n\u003cp>State Attorney General Xavier Becerra released his office's first \u003ca href=\"https://www.kqed.org/news/11728992/attorney-general-releases-first-report-on-immigration-detention-facilities-in-california\" target=\"_blank\" rel=\"noopener\">report\u003c/a> on the inspections in February.\u003c/p>\n\u003cp>The U.S. Department of Justice sued California on March 6, 2018, on the grounds that its sanctuary laws \"reflect a deliberate effort\" by the state to obstruct enforcement of federal immigration law.\u003c/p>\n\u003cp>Taken together, the laws “have the purpose and effect of making it more difficult for federal immigration officers to carry out their responsibilities in California,” the Justice Department said.\u003c/p>\n\u003cp>In July 2018, a federal judge in Sacramento rejected the Trump administration's bid to block SB 54 and AB 103. However, he struck down parts of a third bill, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB450\" target=\"_blank\" rel=\"noopener\">AB 450,\u003c/a> that would have required ICE to have a warrant to search privately owned businesses.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'You have California deciding, for its own policy reasons, that this is contrary to the interests of its public policy. It does not want to be part of it. It feels it's the wrong thing to do.'","name":"pullquote","attributes":{"named":{"size":"small","align":"”right”","citation":"Judge Milan Smith, 9th U.S. Circuit Court of Appeals","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>At one point in court on Wednesday, Tenny denounced the obstacles that federal immigration authorities face in California, where they can no longer rely on local officials to transfer custody of undocumented people after they serve their criminal sentences.\u003c/p>\n\u003cp>\"You're legally permitted to take custody,\" he said. \"But you better get to the courthouse. You better get to the local police station fast and you better be ready to grab the person as soon as they walk out the door.\"\u003c/p>\n\u003cp>But Smith pushed back again, \"You're saying, 'Boy, this is really bad. It's really frustrating.' We'll grant you that ... I don't see why it's illegal. Is it illegal?\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>If the Trump administration loses its appeal before the 9th circuit, they are expected to petition the U.S. Supreme Court to hear the case.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11732523/trump-administrations-bid-to-scuttle-californias-sanctuary-laws-falls-flat-in-court","authors":["6625"],"programs":["news_72"],"categories":["news_1169","news_6188","news_8","news_13"],"tags":["news_4863","news_1323","news_23978","news_23272"],"featImg":"news_11732826","label":"news_72"},"news_11731594":{"type":"posts","id":"news_11731594","meta":{"index":"posts_1591205157","site":"news","id":"11731594","score":null,"sort":[1552074791000]},"guestAuthors":[],"slug":"asylum-seekers-can-appeal-fast-track-deportations-court-rules","title":"Asylum-Seekers Can Appeal Fast-Track Deportations, Court Rules","publishDate":1552074791,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>A federal court in San Francisco made it harder Thursday for the U.S. government to quickly deport asylum-seekers if they fail an initial screening at the border.\u003c/p>\n\u003cp>A law passed by Congress in 1996 sharply limited the ability of asylum-seekers to access U.S. courts if they want to challenge decisions of an asylum officer and immigration judge. \u003c/p>\n\u003cp>Those limitations are unconstitutional, the Ninth U.S. Circuit Court of Appeals said.\u003c/p>\n\u003cp>Asylum-seekers are offered \"meager procedural protections,\" and the law prevents \"meaningful\" judicial review of whether the Department of Homeland Security applied the proper legal standards in rejecting an asylum claim, \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2019/03/07/18-55313.pdf\">wrote \u003c/a>Judge A. Wallace Tashima for the unanimous court. \"We think it obvious that the constitutional minimum ... is not satisfied by such a scheme.\"\u003c/p>\n\u003cp>The ruling could give thousands of asylum-seekers the right to seek review in the federal court system. Legal analysts say the decision is likely to be appealed by the Trump administration, which has changed policies on the border to try to \u003ca href=\"https://www.npr.org/2018/12/21/679057325/trump-administration-changes-border-policy-to-discourage-asylum-seekers\">discourage \u003c/a>asylum-seekers.\u003c/p>\n\u003cp>[aside label=\"Asylum-Seekers\" tag=\"asylum-seekers\"]\u003c/p>\n\u003cp>\"The historical and practical importance of this ruling cannot be overstated,\" said Lee Gelernt, deputy director of the American Civil Liberties Union's Immigrants' Rights project, who argued for the asylum-seekers. \"This decision reaffirms the Constitution's foundational principle that individuals deprived of their liberty must have access to a federal court,\" Gelernt said, according to The Associated Press.\u003c/p>\n\u003cp>The case centers on Vijayakumar Thuraissigiam, a Sri Lankan man who faced retribution after he supported a minority political candidate for office. Thuraissigiam says he was detained and beaten by Sri Lankan army officers, threatened with death, and lowered into a well, where he suffocated and lost consciousness.\u003c/p>\n\u003cp>Thuraissigiam fled the country and, in early 2017, entered the country at the U.S.-Mexico border at San Ysidro. Picked up by U.S. Customs and Border Protection, he told an asylum officer he was afraid to go back to Sri Lanka. But the asylum officer determined his fear was not \"credible,\" and an immigration judge agreed, sending the man back to DHS for removal.\u003c/p>\n\u003cp>Normally, that's where an asylum-seeker's legal journey would end. But the Ninth Circuit ruled that the \"Suspension Clause\" in the U.S. Constitution gives people like Thuraissigiam broad power to seek \u003cem>habeas corpus \u003c/em>review by the courts.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A 2008 Supreme Court case established that people must have a \"meaningful opportunity\" to demonstrate that the law was being applied erroneously. The law passed by Congress \"does not provide that meaningful opportunity,\" and therefore violates the constitution, the court said.\u003c/p>\n\u003cp>In his appeal, Thuraissigiam said that the asylum officer didn't ask questions that would reveal the extent of his fear, and also that there were \"communication problems\" between the officer, Thuraissigiam and the translator.\u003c/p>\n\u003cp>Thuraissigiam's case will now go back to a lower court for further deliberation.\u003c/p>\n\u003cp>\"This is a historic decision,\" Stephen Yale-Loehr, an immigration scholar at Cornell Law School, \u003ca href=\"https://www.nytimes.com/2019/03/07/us/asylum-seekers-ninth-circuit.html?action=click&module=Top%20Stories&pgtype=Homepage\">told \u003c/a>\u003cem>The\u003c/em> \u003cem>New York Times\u003c/em>. \"But the government will surely appeal this to the Supreme Court.\"\u003c/p>\n\u003cp>\"The decision could have major implications for migrants who are seeking asylum,\" said NPR's Joel Rose. \"It could also further clog an immigration court system that already has a massive backlog.\" \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2019 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Asylum-Seekers+Can+Appeal+Fast-Track+Deportations%2C+Court+Rules&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"A 1996 law limited the ability of immigrants to appeal asylum officers' decisions of whether they truly fear persecution in their home country. The Ninth U.S. Circuit Court of Appeals said those limits are unconstitutional.","status":"publish","parent":0,"modified":1552074791,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":561},"headData":{"title":"Asylum-Seekers Can Appeal Fast-Track Deportations, Court Rules | KQED","description":"A 1996 law limited the ability of immigrants to appeal asylum officers' decisions of whether they truly fear persecution in their home country. The Ninth U.S. Circuit Court of Appeals said those limits are unconstitutional.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Asylum-Seekers Can Appeal Fast-Track Deportations, Court Rules","datePublished":"2019-03-08T19:53:11.000Z","dateModified":"2019-03-08T19:53:11.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11731594 https://ww2.kqed.org/news/?p=11731594","disqusUrl":"https://ww2.kqed.org/news/2019/03/08/asylum-seekers-can-appeal-fast-track-deportations-court-rules/","disqusTitle":"Asylum-Seekers Can Appeal Fast-Track Deportations, Court Rules","source":"NPR","sourceUrl":"https://www.npr.org/","nprImageCredit":"Gregory Bull","nprByline":"Matthew S. Schwartz","nprImageAgency":"AP","nprStoryId":"701399813","nprApiLink":"http://api.npr.org/query?id=701399813&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2019/03/08/701399813/asylum-seekers-can-appeal-fast-track-deportations-court-rules?ft=nprml&f=701399813","nprRetrievedStory":"1","nprPubDate":"Fri, 08 Mar 2019 06:04:00 -0500","nprStoryDate":"Fri, 08 Mar 2019 05:33:00 -0500","nprLastModifiedDate":"Fri, 08 Mar 2019 06:04:48 -0500","path":"/news/11731594/asylum-seekers-can-appeal-fast-track-deportations-court-rules","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal court in San Francisco made it harder Thursday for the U.S. government to quickly deport asylum-seekers if they fail an initial screening at the border.\u003c/p>\n\u003cp>A law passed by Congress in 1996 sharply limited the ability of asylum-seekers to access U.S. courts if they want to challenge decisions of an asylum officer and immigration judge. \u003c/p>\n\u003cp>Those limitations are unconstitutional, the Ninth U.S. Circuit Court of Appeals said.\u003c/p>\n\u003cp>Asylum-seekers are offered \"meager procedural protections,\" and the law prevents \"meaningful\" judicial review of whether the Department of Homeland Security applied the proper legal standards in rejecting an asylum claim, \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2019/03/07/18-55313.pdf\">wrote \u003c/a>Judge A. Wallace Tashima for the unanimous court. \"We think it obvious that the constitutional minimum ... is not satisfied by such a scheme.\"\u003c/p>\n\u003cp>The ruling could give thousands of asylum-seekers the right to seek review in the federal court system. Legal analysts say the decision is likely to be appealed by the Trump administration, which has changed policies on the border to try to \u003ca href=\"https://www.npr.org/2018/12/21/679057325/trump-administration-changes-border-policy-to-discourage-asylum-seekers\">discourage \u003c/a>asylum-seekers.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Asylum-Seekers ","tag":"asylum-seekers"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The historical and practical importance of this ruling cannot be overstated,\" said Lee Gelernt, deputy director of the American Civil Liberties Union's Immigrants' Rights project, who argued for the asylum-seekers. \"This decision reaffirms the Constitution's foundational principle that individuals deprived of their liberty must have access to a federal court,\" Gelernt said, according to The Associated Press.\u003c/p>\n\u003cp>The case centers on Vijayakumar Thuraissigiam, a Sri Lankan man who faced retribution after he supported a minority political candidate for office. Thuraissigiam says he was detained and beaten by Sri Lankan army officers, threatened with death, and lowered into a well, where he suffocated and lost consciousness.\u003c/p>\n\u003cp>Thuraissigiam fled the country and, in early 2017, entered the country at the U.S.-Mexico border at San Ysidro. Picked up by U.S. Customs and Border Protection, he told an asylum officer he was afraid to go back to Sri Lanka. But the asylum officer determined his fear was not \"credible,\" and an immigration judge agreed, sending the man back to DHS for removal.\u003c/p>\n\u003cp>Normally, that's where an asylum-seeker's legal journey would end. But the Ninth Circuit ruled that the \"Suspension Clause\" in the U.S. Constitution gives people like Thuraissigiam broad power to seek \u003cem>habeas corpus \u003c/em>review by the courts.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A 2008 Supreme Court case established that people must have a \"meaningful opportunity\" to demonstrate that the law was being applied erroneously. The law passed by Congress \"does not provide that meaningful opportunity,\" and therefore violates the constitution, the court said.\u003c/p>\n\u003cp>In his appeal, Thuraissigiam said that the asylum officer didn't ask questions that would reveal the extent of his fear, and also that there were \"communication problems\" between the officer, Thuraissigiam and the translator.\u003c/p>\n\u003cp>Thuraissigiam's case will now go back to a lower court for further deliberation.\u003c/p>\n\u003cp>\"This is a historic decision,\" Stephen Yale-Loehr, an immigration scholar at Cornell Law School, \u003ca href=\"https://www.nytimes.com/2019/03/07/us/asylum-seekers-ninth-circuit.html?action=click&module=Top%20Stories&pgtype=Homepage\">told \u003c/a>\u003cem>The\u003c/em> \u003cem>New York Times\u003c/em>. \"But the government will surely appeal this to the Supreme Court.\"\u003c/p>\n\u003cp>\"The decision could have major implications for migrants who are seeking asylum,\" said NPR's Joel Rose. \"It could also further clog an immigration court system that already has a massive backlog.\" \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2019 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Asylum-Seekers+Can+Appeal+Fast-Track+Deportations%2C+Court+Rules&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11731594/asylum-seekers-can-appeal-fast-track-deportations-court-rules","authors":["byline_news_11731594"],"programs":["news_72"],"categories":["news_1169","news_6188","news_8","news_13"],"tags":["news_4863","news_23087","news_23653","news_1323","news_23138","news_20530","news_21038"],"featImg":"news_11731595","label":"source_news_11731594"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. 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You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. 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On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg","imageAlt":"On Our Watch from NPR and KQED","officialWebsiteLink":"/podcasts/onourwatch","meta":{"site":"news","source":"kqed","order":"1"},"link":"/podcasts/onourwatch","subscribe":{"apple":"https://podcasts.apple.com/podcast/id1567098962","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw","npr":"https://rpb3r.app.goo.gl/onourwatch","spotify":"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x","tuneIn":"https://tunein.com/radio/On-Our-Watch-p1436229/","stitcher":"https://www.stitcher.com/show/on-our-watch","rss":"https://feeds.npr.org/510360/podcast.xml"}},"on-the-media":{"id":"on-the-media","title":"On The Media","info":"Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. 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