U.S. 9th Circuit Court of AppealsU.S. 9th Circuit Court of Appeals
Court Strikes Down Berkeley's Landmark Ban on Natural Gas in New Construction
Court Upholds California Ban on High-Capacity Magazines for Firearms
A Federal Court Blocks California's Ban on Private Detention Centers
Judge Was Right to Protect ICE Detainees From COVID-19 'Tinderbox,' Court Rules
Can Trump Administration Impose Tighter Restrictions on Asylum? Judges to Weigh In
Judge in Oakland Reinstates Nationwide Halt to Trump's Asylum Restrictions
Federal Appeals Court in S.F. Weighs Legal Rights of Kids Facing Deportation
Federal Court: Border Agent Doesn't Have Immunity in Teen's Killing At Mexican Border
Not Always 'Broken and Unfair'
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Murrow Award for news reporting and an investigative reporting award from the SPJ of Northern California.\r\n\r\nBefore joining KQED, Julie covered government and politics in Sacramento for Southern California Public Radio (SCPR). Her 2010 \u003ca href=\"https://www.scpr.org/specials/prisonmedical/\">series\u003c/a> on lapses in California’s prison medical care also won a regional Edward R. Murrow Award for investigative reporting and a Golden Mic Award from the RTNDA of Southern California.\r\n\r\nJulie began her career in journalism in 2000 as the deputy foreign editor for public radio's \u003cem>Marketplace, \u003c/em>while earning her master's degree in journalism from USC’s Annenberg School of Communication.","avatar":"https://secure.gravatar.com/avatar/4baedf201468df97be97c2a9dd7585d0?s=600&d=blank&r=g","twitter":"@SmallRadio2","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]},{"site":"stateofhealth","roles":["author"]},{"site":"science","roles":["author"]}],"headData":{"title":"Julie Small | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/4baedf201468df97be97c2a9dd7585d0?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/4baedf201468df97be97c2a9dd7585d0?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/jsmall"},"fjhabvala":{"type":"authors","id":"8659","meta":{"index":"authors_1591205172","id":"8659","found":true},"name":"Farida Jhabvala Romero","firstName":"Farida","lastName":"Jhabvala Romero","slug":"fjhabvala","email":"fjhabvala@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"\u003cspan style=\"font-weight: 400;\">Farida Jhabvala Romero is a Labor Correspondent for KQED. 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_11897702":{"type":"posts","id":"news_11897702","meta":{"index":"posts_1591205157","site":"news","id":"11897702","score":null,"sort":[1638320993000]},"guestAuthors":[],"slug":"court-upholds-california-ban-on-high-capacity-magazines-for-firearms","title":"Court Upholds California Ban on High-Capacity Magazines for Firearms","publishDate":1638320993,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>The 9th U.S. Circuit Court of Appeals overturned a ruling by two of its judges and upheld California's ban on high-capacity magazines Tuesday in a split decision that may be headed for the U.S. Supreme Court.\u003c/p>\n\u003cp>\"The statute outlaws no weapon, but only limits the size of the magazine that may be used with firearms,\" the court said in the 7-4 ruling.\u003c/p>\n\u003cp>The majority reasoned that \"the record demonstrates that the limitation interferes only minimally with the core right of self-defense, as there is no evidence that anyone ever has been unable to defend his or her home and family due to the lack of a large-capacity magazine; and that the limitation saves lives.\"\u003c/p>\n\u003cp>The 11-member panel of the San Francisco-based court acted after two of three judges on a smaller 9th Circuit panel last year ruled the state's ban on magazines holding more than 10 bullets violates the U.S. Constitution's protection of the right to bear firearms.[pullquote size=\"medium\" align=\"right\" citation=\"9th Circuit Judge Patrick Bumatay\"]'If California's law applied nationwide, it would require confiscating half of all existing firearms magazines in this country.'[/pullquote]\u003c/p>\n\u003cp>Gun owners' rights groups plan to appeal the ruling to the U.S. Supreme Court. They have been trying to get firearms cases before a high court that tilts more to the right because of appointments by former President Donald Trump. Ninth Circuit Judge Patrick Bumatay, who was appointed by Trump, wrote a dissent and said large-capacity magazines are \"commonly used\" by Americans for self-defense.\u003c/p>\n\u003cp>\"Indeed, these magazines are lawfully owned by millions of people nationwide and come standard on the most popular firearms sold today,\" he wrote. \"If California's law applied nationwide, it would require confiscating half of all existing firearms magazines in this country.\"\u003c/p>\n\u003cp>His dissent was joined by two other judges, while a fourth judge wrote a separate dissenting opinion.\u003c/p>\n\u003cp>The majority decision hinged in part on which legal standard should be used to determine the outcome, and the 9th Circuit's majority chose the more stringent standard. It found that \"intermediate scrutiny applied because the ban imposed only a minimal burden on the core Second Amendment right to keep and bear arms.\"\u003c/p>\n\u003cp>Gun rights groups hope the Supreme Court will select a lower legal standard for Second Amendment cases in an upcoming decision on a New York law restricting concealed weapons.\u003c/p>\n\u003cp>\"We're disappointed but not surprised that this particular 11-judge panel had the numbers to overturn the lower court decision. But the fight is far from over,\" said Chuck Michel, the California Rifle and Pistol Association's president and general counsel. Seven judges on the 9th Circuit panel were appointed by Democratic presidents.\u003c/p>\n\u003cp>\"The panel is bitterly factioned, and the dissenting judges are all suggesting that the Supreme Court needs to take this case to explain how a Second Amendment challenge should be reviewed,\" he said.\u003c/p>\n\u003cp>Gun control proponents and California Attorney General Rob Bonta hailed the ruling, with Bonta calling it \"a victory for public safety in California.\"\u003c/p>\n\u003cp>He called California's ban on large-capacity magazines a commonsense way to confront \"an epidemic\" of gun violence \"including devastating mass shootings.\"\u003c/p>\n\u003cp>Bonta noted that the court's majority said every mass shooting with 20 or more deaths in the last 50 years involved large-capacity magazines, as did about three-quarters of those with 10 or more deaths. More than twice as many people were killed or injured in mass shootings with high-capacity magazines than those with less firepower, the court said.\u003c/p>\n\u003cp>Jonathan Lowy, chief counsel and vice president for legal at the Brady gun control advocacy group, said the court's majority rightly held that \"the Constitution, properly understood, does not prevent Americans from enacting the gun laws they want and need to protect their families and communities, and it does not entitle people to weapons of war.\"\u003c/p>\n\u003cp>Four years ago, San Diego-based U.S. District Judge Roger Benitez declared unconstitutional a state law that since 2000 had prohibited buying or selling large-capacity magazines. That law barred new sales or imports but let those who had the magazines before then keep them. Benitez also barred the state from enforcing a voter-approved law that would have prohibited gun owners from possessing magazines holding more than 10 bullets. The practical impact was that those who already possessed weapons with such magazines would have had to turn them in.\u003c/p>\n\u003cp>Gun groups estimated that more than 1 million high-capacity magazines may have legally flooded into California during a one-week window before Benitez stayed his ruling pending appeal. The three-judge 9th Circuit panel upheld Benitez's ruling and kept the stay in place.\u003c/p>\n\u003cp>Aside from the effect on high-capacity magazine laws in California and other states, Tuesday's ruling helps to unjam a roadblock in other pending cases over the state's ban on assault weapons. Everytown for Gun Safety, a leading group seeking firearms restrictions, said state officials' appeal of Benitez's ruling this year throwing out California's assault weapon restrictions was on hold while the 9th Circuit considered the ban on high-capacity magazines. The assault weapons ruling is also on hold while the appeals court considers the same issues in a different case, where a different federal judge upheld the state's ban in 2018.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"A panel of the 9th U.S. Circuit Court of Appeals has upheld California's ban on high-capacity magazines in a split decision that may be headed for the U.S. Supreme Court.","status":"publish","parent":0,"modified":1638323842,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":908},"headData":{"title":"Court Upholds California Ban on High-Capacity Magazines for Firearms | KQED","description":"A panel of the 9th U.S. Circuit Court of Appeals has upheld California's ban on high-capacity magazines in a split decision that may be headed for the U.S. Supreme Court.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Court Upholds California Ban on High-Capacity Magazines for Firearms","datePublished":"2021-12-01T01:09:53.000Z","dateModified":"2021-12-01T01:57:22.000Z","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":"11897702 https://ww2.kqed.org/news/?p=11897702","disqusUrl":"https://ww2.kqed.org/news/2021/11/30/court-upholds-california-ban-on-high-capacity-magazines-for-firearms/","disqusTitle":"Court Upholds California Ban on High-Capacity Magazines for Firearms","nprByline":"Don Thompson\u003cbr>The Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11897702/court-upholds-california-ban-on-high-capacity-magazines-for-firearms","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The 9th U.S. Circuit Court of Appeals overturned a ruling by two of its judges and upheld California's ban on high-capacity magazines Tuesday in a split decision that may be headed for the U.S. Supreme Court.\u003c/p>\n\u003cp>\"The statute outlaws no weapon, but only limits the size of the magazine that may be used with firearms,\" the court said in the 7-4 ruling.\u003c/p>\n\u003cp>The majority reasoned that \"the record demonstrates that the limitation interferes only minimally with the core right of self-defense, as there is no evidence that anyone ever has been unable to defend his or her home and family due to the lack of a large-capacity magazine; and that the limitation saves lives.\"\u003c/p>\n\u003cp>The 11-member panel of the San Francisco-based court acted after two of three judges on a smaller 9th Circuit panel last year ruled the state's ban on magazines holding more than 10 bullets violates the U.S. Constitution's protection of the right to bear firearms.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'If California's law applied nationwide, it would require confiscating half of all existing firearms magazines in this country.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"9th Circuit Judge Patrick Bumatay","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Gun owners' rights groups plan to appeal the ruling to the U.S. Supreme Court. They have been trying to get firearms cases before a high court that tilts more to the right because of appointments by former President Donald Trump. Ninth Circuit Judge Patrick Bumatay, who was appointed by Trump, wrote a dissent and said large-capacity magazines are \"commonly used\" by Americans for self-defense.\u003c/p>\n\u003cp>\"Indeed, these magazines are lawfully owned by millions of people nationwide and come standard on the most popular firearms sold today,\" he wrote. \"If California's law applied nationwide, it would require confiscating half of all existing firearms magazines in this country.\"\u003c/p>\n\u003cp>His dissent was joined by two other judges, while a fourth judge wrote a separate dissenting opinion.\u003c/p>\n\u003cp>The majority decision hinged in part on which legal standard should be used to determine the outcome, and the 9th Circuit's majority chose the more stringent standard. It found that \"intermediate scrutiny applied because the ban imposed only a minimal burden on the core Second Amendment right to keep and bear arms.\"\u003c/p>\n\u003cp>Gun rights groups hope the Supreme Court will select a lower legal standard for Second Amendment cases in an upcoming decision on a New York law restricting concealed weapons.\u003c/p>\n\u003cp>\"We're disappointed but not surprised that this particular 11-judge panel had the numbers to overturn the lower court decision. But the fight is far from over,\" said Chuck Michel, the California Rifle and Pistol Association's president and general counsel. Seven judges on the 9th Circuit panel were appointed by Democratic presidents.\u003c/p>\n\u003cp>\"The panel is bitterly factioned, and the dissenting judges are all suggesting that the Supreme Court needs to take this case to explain how a Second Amendment challenge should be reviewed,\" he said.\u003c/p>\n\u003cp>Gun control proponents and California Attorney General Rob Bonta hailed the ruling, with Bonta calling it \"a victory for public safety in California.\"\u003c/p>\n\u003cp>He called California's ban on large-capacity magazines a commonsense way to confront \"an epidemic\" of gun violence \"including devastating mass shootings.\"\u003c/p>\n\u003cp>Bonta noted that the court's majority said every mass shooting with 20 or more deaths in the last 50 years involved large-capacity magazines, as did about three-quarters of those with 10 or more deaths. More than twice as many people were killed or injured in mass shootings with high-capacity magazines than those with less firepower, the court said.\u003c/p>\n\u003cp>Jonathan Lowy, chief counsel and vice president for legal at the Brady gun control advocacy group, said the court's majority rightly held that \"the Constitution, properly understood, does not prevent Americans from enacting the gun laws they want and need to protect their families and communities, and it does not entitle people to weapons of war.\"\u003c/p>\n\u003cp>Four years ago, San Diego-based U.S. District Judge Roger Benitez declared unconstitutional a state law that since 2000 had prohibited buying or selling large-capacity magazines. That law barred new sales or imports but let those who had the magazines before then keep them. Benitez also barred the state from enforcing a voter-approved law that would have prohibited gun owners from possessing magazines holding more than 10 bullets. The practical impact was that those who already possessed weapons with such magazines would have had to turn them in.\u003c/p>\n\u003cp>Gun groups estimated that more than 1 million high-capacity magazines may have legally flooded into California during a one-week window before Benitez stayed his ruling pending appeal. The three-judge 9th Circuit panel upheld Benitez's ruling and kept the stay in place.\u003c/p>\n\u003cp>Aside from the effect on high-capacity magazine laws in California and other states, Tuesday's ruling helps to unjam a roadblock in other pending cases over the state's ban on assault weapons. Everytown for Gun Safety, a leading group seeking firearms restrictions, said state officials' appeal of Benitez's ruling this year throwing out California's assault weapon restrictions was on hold while the 9th Circuit considered the ban on high-capacity magazines. The assault weapons ruling is also on hold while the appeals court considers the same issues in a different case, where a different federal judge upheld the state's ban in 2018.\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>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11897702/court-upholds-california-ban-on-high-capacity-magazines-for-firearms","authors":["byline_news_11897702"],"categories":["news_8","news_13"],"tags":["news_25450","news_1103","news_30317","news_932","news_17907"],"featImg":"news_11897717","label":"news"},"news_11891221":{"type":"posts","id":"news_11891221","meta":{"index":"posts_1591205157","site":"news","id":"11891221","score":null,"sort":[1633542347000]},"guestAuthors":[],"slug":"a-federal-court-blocks-californias-ban-on-private-detention-centers","title":"A Federal Court Blocks California's Ban on Private Detention Centers","publishDate":1633542347,"format":"standard","headTitle":"NPR | KQED News","labelTerm":{"term":253,"site":"news"},"content":"\u003cp>A split federal appeals court in California ruled on Tuesday that a state law banning private detention facilities can't be enforced because it likely will intrude on the immigration authority held by the federal government.\u003c/p>\n\u003cp>The \u003ca href=\"https://cdn.ca9.uscourts.gov/datastore/opinions/2021/10/05/20-56172.pdf\">2-1 decision\u003c/a> from the U.S. Court of Appeals for the 9th Circuit also reverses an earlier trial court's dismissal of prior challenges to California's \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB32\">AB 32\u003c/a>.\u003c/p>\n\u003cp>Gov. Gavin Newsom signed the ban into law in 2019. It sought to curtail California's cooperation with the federal government on immigration detention by slowly closing private detention facilities in the state by 2028.\u003c/p>\n\u003cp>A lawsuit challenging the rule was brought by the Trump administration and GEO Group, a company that operates two private immigration detention centers. The Biden administration pursued this lawsuit after Donald Trump left office, \u003ca href=\"https://www.npr.org/2021/06/15/1006728924/biden-wants-to-end-for-profit-immigrant-detention-his-administration-isnt-so-sur\">despite campaign promises by Biden\u003c/a> that he would close privately run detention centers.\u003cbr>\n[ad fullwidth]\u003cbr>\nIn his decision, Judge Kenneth Lee wrote that Congress granted the secretary of the Department of Homeland Security \"broad discretion over immigrant detention, including the right to contract with private companies to operate detention facilities.\"\u003c/p>\n\u003cp>Lee wrote, \"AB 32 cannot stand because it conflicts with this federal power and discretion given to the Secretary in an area that remains in the exclusive realm of the federal government, and it bars the Secretary from doing what federal immigration law explicitly permits him or her to do.\"\u003c/p>\n\u003cp>Judge Bridget Bade and Lee, who were in the majority, were appointed by then-President Donald Trump. The dissenter, Judge Mary Murguia, is the sole member appointed by a Democratic president.\u003c/p>\n\u003cp>Murguia wrote in her dissent that AB 32 actually said \"nothing about immigration, and it did not mention the federal government. Therefore, there was no justification for treating AB 32 as a regulation of immigration rather than one of health and safety.\"\u003c/p>\n\u003cp>Although the law was applied to immigration detention centers in the state, it didn't apply to only those locations, but rather to a variety of federal and state facilities, she said.\u003c/p>\n\u003cp>California Attorney General Rob Bonta indicated that the state plans to appeal the court's decision.\u003c/p>\n\u003cp>\"California is committed to protecting the health and safety of all people, irrespective of whether they are in custody or civil detention,\" Bonta said in a statement Tuesday. \"When we passed AB 32, we sent a clear message that putting an end to for-profit detention centers is key to achieving that goal. Prisons and detention centers shouldn't be places of profit.\"\u003c/p>\n\u003cp>https://twitter.com/AGRobBonta/status/1445482719610241032\u003c/p>\n\u003cp>This ruling comes as the Biden administration is facing a major surge in immigration, particularly from Haitian migrants, to the U.S. border.\u003c/p>\n\u003cp>[aside label ='Related Coverage' tag='prisons']Refugee admissions to the U.S. fell to a record low during the 2021 budget year, despite Biden's pledge to reverse restrictions under the Trump administration, The Associated Press reported this week. A total of 11,445 refugees were allowed into the country during the budget year that ended Thursday — far below the nation's cap of 62,500 for the 2021 budget year that Biden set in May.\u003c/p>\n\u003cp>Advocates shared concerns Tuesday over allowing privately run immigration detention centers to stay open in the face of the ongoing crush at the border.\u003c/p>\n\u003cp>The \u003ca href=\"https://docs.google.com/document/d/1-MFJfacM0j1VuoieB6swCP-0NaBpL4yHyjFihtl-e14/edit\">Dignity Not Detention Coalition, which pushed for the passage of AB 32, said in a statement\u003c/a>, \"The long record of medical neglect and systemic abuses plaguing detention — and the anti-Blackness and racism deeply embedded in the system — must not be swept under the rug. Today's ruling is a stark lesson about the threat unchecked corporate power poses to the democratic process.\"\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"After California passed AB 32 in 2018, the Trump administration and a private prison company that operates two private immigration detention center challenged the law in the courts.","status":"publish","parent":0,"modified":1633551060,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":15,"wordCount":618},"headData":{"title":"A Federal Court Blocks California's Ban on Private Detention Centers | KQED","description":"After California passed AB 32 in 2018, the Trump administration and a private prison company that operates two private immigration detention center challenged the law in the courts.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"A Federal Court Blocks California's Ban on Private Detention Centers","datePublished":"2021-10-06T17:45:47.000Z","dateModified":"2021-10-06T20:11:00.000Z","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":"11891221 https://ww2.kqed.org/news/?p=11891221","disqusUrl":"https://ww2.kqed.org/news/2021/10/06/a-federal-court-blocks-californias-ban-on-private-detention-centers/","disqusTitle":"A Federal Court Blocks California's Ban on Private Detention Centers","nprByline":"\u003ca href=\"https://www.npr.org/people/930959243/jaclyn-diaz\">Jaclyn Diaz\u003c/a>","path":"/news/11891221/a-federal-court-blocks-californias-ban-on-private-detention-centers","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A split federal appeals court in California ruled on Tuesday that a state law banning private detention facilities can't be enforced because it likely will intrude on the immigration authority held by the federal government.\u003c/p>\n\u003cp>The \u003ca href=\"https://cdn.ca9.uscourts.gov/datastore/opinions/2021/10/05/20-56172.pdf\">2-1 decision\u003c/a> from the U.S. Court of Appeals for the 9th Circuit also reverses an earlier trial court's dismissal of prior challenges to California's \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB32\">AB 32\u003c/a>.\u003c/p>\n\u003cp>Gov. Gavin Newsom signed the ban into law in 2019. It sought to curtail California's cooperation with the federal government on immigration detention by slowly closing private detention facilities in the state by 2028.\u003c/p>\n\u003cp>A lawsuit challenging the rule was brought by the Trump administration and GEO Group, a company that operates two private immigration detention centers. The Biden administration pursued this lawsuit after Donald Trump left office, \u003ca href=\"https://www.npr.org/2021/06/15/1006728924/biden-wants-to-end-for-profit-immigrant-detention-his-administration-isnt-so-sur\">despite campaign promises by Biden\u003c/a> that he would close privately run detention centers.\u003cbr>\n\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>\u003cbr>\nIn his decision, Judge Kenneth Lee wrote that Congress granted the secretary of the Department of Homeland Security \"broad discretion over immigrant detention, including the right to contract with private companies to operate detention facilities.\"\u003c/p>\n\u003cp>Lee wrote, \"AB 32 cannot stand because it conflicts with this federal power and discretion given to the Secretary in an area that remains in the exclusive realm of the federal government, and it bars the Secretary from doing what federal immigration law explicitly permits him or her to do.\"\u003c/p>\n\u003cp>Judge Bridget Bade and Lee, who were in the majority, were appointed by then-President Donald Trump. The dissenter, Judge Mary Murguia, is the sole member appointed by a Democratic president.\u003c/p>\n\u003cp>Murguia wrote in her dissent that AB 32 actually said \"nothing about immigration, and it did not mention the federal government. Therefore, there was no justification for treating AB 32 as a regulation of immigration rather than one of health and safety.\"\u003c/p>\n\u003cp>Although the law was applied to immigration detention centers in the state, it didn't apply to only those locations, but rather to a variety of federal and state facilities, she said.\u003c/p>\n\u003cp>California Attorney General Rob Bonta indicated that the state plans to appeal the court's decision.\u003c/p>\n\u003cp>\"California is committed to protecting the health and safety of all people, irrespective of whether they are in custody or civil detention,\" Bonta said in a statement Tuesday. \"When we passed AB 32, we sent a clear message that putting an end to for-profit detention centers is key to achieving that goal. Prisons and detention centers shouldn't be places of profit.\"\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1445482719610241032"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>This ruling comes as the Biden administration is facing a major surge in immigration, particularly from Haitian migrants, to the U.S. border.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"prisons"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Refugee admissions to the U.S. fell to a record low during the 2021 budget year, despite Biden's pledge to reverse restrictions under the Trump administration, The Associated Press reported this week. A total of 11,445 refugees were allowed into the country during the budget year that ended Thursday — far below the nation's cap of 62,500 for the 2021 budget year that Biden set in May.\u003c/p>\n\u003cp>Advocates shared concerns Tuesday over allowing privately run immigration detention centers to stay open in the face of the ongoing crush at the border.\u003c/p>\n\u003cp>The \u003ca href=\"https://docs.google.com/document/d/1-MFJfacM0j1VuoieB6swCP-0NaBpL4yHyjFihtl-e14/edit\">Dignity Not Detention Coalition, which pushed for the passage of AB 32, said in a statement\u003c/a>, \"The long record of medical neglect and systemic abuses plaguing detention — and the anti-Blackness and racism deeply embedded in the system — must not be swept under the rug. Today's ruling is a stark lesson about the threat unchecked corporate power poses to the democratic process.\"\u003cbr>\n\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>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11891221/a-federal-court-blocks-californias-ban-on-private-detention-centers","authors":["byline_news_11891221"],"categories":["news_1169","news_6188","news_8"],"tags":["news_245","news_616","news_26724","news_29994","news_24020","news_2728","news_3674","news_17907"],"affiliates":["news_253"],"featImg":"news_11891235","label":"news_253"},"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_11777573":{"type":"posts","id":"news_11777573","meta":{"index":"posts_1591205157","site":"news","id":"11777573","score":null,"sort":[1569980153000]},"guestAuthors":[],"slug":"can-trump-administration-impose-tighter-restrictions-on-asylum-judges-to-weigh-in","title":"Can Trump Administration Impose Tighter Restrictions on Asylum? Judges to Weigh In","publishDate":1569980153,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Federal judges on Tuesday challenged government lawyers over the legality of a Trump administration rule that denies asylum to people who don't come through a designated port of entry, even though the law specifically allows them to apply — regardless of where they enter the U.S.\u003c/p>\n\u003cp>[aside tag='immigration' label='Related Coverage']The exchange was part of a hearing before the 9th U.S. Circuit Court of Appeals on two cases challenging Trump administration policies restricting access to asylum protections for tens of thousands of migrants at the U.S.-Mexico border. The hearing in San Francisco addressed both the “port of entry” rule and another policy that forces most non-Mexicans who seek asylum at the border to wait in Mexico while their cases are heard in U.S. immigration court.\u003c/p>\n\u003cp>The administration has sought to deter the growing number of families and others seeking safe haven in the United States, many of whom say they are fleeing violence in Central America from which their government fails to protect them. The policies are part of a larger effort by the administration to restrict immigration overall.\u003c/p>\n\u003cp>In the first case, Justice Department attorney Scott Stewart asked the three-judge panel to overturn a lower court ruling last December that blocked the “port of entry” rule. The government has said the restriction is “an important rule designed to address a crisis at our southern border that is overwhelming our asylum system.”\u003c/p>\n\u003cp>In court, Stewart said the rule is valid because it still allows people who don’t come through a port of entry to apply for asylum — even if none of them will be granted it.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“This ability to apply for asylum, your honor, doesn’t guarantee any substantive outcome,” Stewart told the judges. “This authority to grant asylum is imbued with discretion.”\u003c/p>\n\u003cp>Judge Richard Paez cut him off.\u003c/p>\n\u003cp>“It seems kind of odd that Congress has pretty specifically set out when an alien can apply — whether or not at a designated port of entry — and then the agency comes along and promulgates a regulation that basically just wipes that out. How is that consistent with the text of the statute?” asked Paez, who was appointed to the bench by President Bill Clinton.\u003c/p>\n\u003cp>Representing a group of immigrant legal service organizations challenging the “port of entry” rule, ACLU attorney Lee Gelernt argued that the asylum restriction was in blatant violation with the language of the law.\u003c/p>\n\u003cp>“We do not think it would have made sense for Congress to say — and twice now, 1980 and 1996 — you may apply regardless,” said Gelernt. “Congress looked at this issue, understood how dangerous it was to eliminate asylum for people who couldn't make it to a port of entry, and put that language in.”\u003c/p>\n\u003cp>The second case before the 9th Circuit Tuesday dealt with the Trump administration’s Migration Protection Protocols, known as the “Remain in Mexico” policy. It requires many non-Mexicans who seek asylum at the border to wait in Mexico for their cases to be heard in U.S. immigration court.\u003c/p>\n\u003cp>In April, U.S. District Judge Richard Seeborg in San Francisco blocked the policy. But the following month, the 9th Circuit allowed it to take effect while the government appeals Seeborg’s preliminary injunction. As of late August, 38,000 people had been ordered to remain in Mexico while their asylum cases proceed.\u003c/p>\n\u003cp>[aside tag='asylum-seekers' label='More Coverage']ACLU attorney Judy Rabinovitz argued that the forced return to Mexico was illegal and asked the court to allow the lower court’s injunction to block it. In particular, she said it was urgent to stop the U.S. from returning asylum-seekers to a country where they could face danger — a requirement of international law known by the French term “non-refoulement.”\u003c/p>\n\u003cp>“The greatest suffering is with respect to those individuals who are being returned to persecution or torture despite the non-refoulement obligation,” said Rabinovitz. “Our concern is just to ensure that we get relief for those people.”\u003c/p>\n\u003cp>Judge William Fletcher, another Clinton appointee, challenged Department of Justice attorney Stewart, suggesting that the interview used to place migrants into the Remain in Mexico program is flawed.\u003c/p>\n\u003cp>“You don’t even ask if they have any kind of fear,” said Fletcher. “You're not even asking them the key question with respect to refoulement, that is to say, ‘Are you afraid?’ ”\u003c/p>\n\u003cp>Stewart replied that the government doesn’t need to ask because asylum-seekers can volunteer that they fear being sent back to Mexico.\u003c/p>\n\u003cp>Douglas Oviedo, an evangelical pastor from Honduras, is one of the plaintiffs in the Remain in Mexico case. He is one of a few people who have won asylum through that program.\u003c/p>\n\u003cp>Speaking after the hearing, Oviedo said he spent 11 months in a Tijuana migrant shelter, unable to work. Central American migrants face discrimination in Mexico but, even worse, they are preyed upon by local gangs and drug cartels and also by the Mexican police. Women are raped and young people are extorted, he said.\u003c/p>\n\u003cp>“Women and children are hiding in the shelters,” he said. “Migrants don’t leave because they’re afraid to go out in the streets.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Farida Jhabvala Romero contributed to this report.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"The Trump administration has sought to deter the growing number of families and others seeking safe haven in the U.S., many of whom say they are fleeing violence in Central America.","status":"publish","parent":0,"modified":1570121508,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":929},"headData":{"title":"Can Trump Administration Impose Tighter Restrictions on Asylum? Judges to Weigh In | KQED","description":"The Trump administration has sought to deter the growing number of families and others seeking safe haven in the U.S., many of whom say they are fleeing violence in Central America.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Can Trump Administration Impose Tighter Restrictions on Asylum? Judges to Weigh In","datePublished":"2019-10-02T01:35:53.000Z","dateModified":"2019-10-03T16:51:48.000Z","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":"11777573 https://ww2.kqed.org/news/?p=11777573","disqusUrl":"https://ww2.kqed.org/news/2019/10/01/can-trump-administration-impose-tighter-restrictions-on-asylum-judges-to-weigh-in/","disqusTitle":"Can Trump Administration Impose Tighter Restrictions on Asylum? Judges to Weigh In","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2019/10/315541Romero9thcircuit.mp3","audioTrackLength":119,"path":"/news/11777573/can-trump-administration-impose-tighter-restrictions-on-asylum-judges-to-weigh-in","audioDuration":120000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Federal judges on Tuesday challenged government lawyers over the legality of a Trump administration rule that denies asylum to people who don't come through a designated port of entry, even though the law specifically allows them to apply — regardless of where they enter the U.S.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"immigration","label":"Related Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The exchange was part of a hearing before the 9th U.S. Circuit Court of Appeals on two cases challenging Trump administration policies restricting access to asylum protections for tens of thousands of migrants at the U.S.-Mexico border. The hearing in San Francisco addressed both the “port of entry” rule and another policy that forces most non-Mexicans who seek asylum at the border to wait in Mexico while their cases are heard in U.S. immigration court.\u003c/p>\n\u003cp>The administration has sought to deter the growing number of families and others seeking safe haven in the United States, many of whom say they are fleeing violence in Central America from which their government fails to protect them. The policies are part of a larger effort by the administration to restrict immigration overall.\u003c/p>\n\u003cp>In the first case, Justice Department attorney Scott Stewart asked the three-judge panel to overturn a lower court ruling last December that blocked the “port of entry” rule. The government has said the restriction is “an important rule designed to address a crisis at our southern border that is overwhelming our asylum system.”\u003c/p>\n\u003cp>In court, Stewart said the rule is valid because it still allows people who don’t come through a port of entry to apply for asylum — even if none of them will be granted it.\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>“This ability to apply for asylum, your honor, doesn’t guarantee any substantive outcome,” Stewart told the judges. “This authority to grant asylum is imbued with discretion.”\u003c/p>\n\u003cp>Judge Richard Paez cut him off.\u003c/p>\n\u003cp>“It seems kind of odd that Congress has pretty specifically set out when an alien can apply — whether or not at a designated port of entry — and then the agency comes along and promulgates a regulation that basically just wipes that out. How is that consistent with the text of the statute?” asked Paez, who was appointed to the bench by President Bill Clinton.\u003c/p>\n\u003cp>Representing a group of immigrant legal service organizations challenging the “port of entry” rule, ACLU attorney Lee Gelernt argued that the asylum restriction was in blatant violation with the language of the law.\u003c/p>\n\u003cp>“We do not think it would have made sense for Congress to say — and twice now, 1980 and 1996 — you may apply regardless,” said Gelernt. “Congress looked at this issue, understood how dangerous it was to eliminate asylum for people who couldn't make it to a port of entry, and put that language in.”\u003c/p>\n\u003cp>The second case before the 9th Circuit Tuesday dealt with the Trump administration’s Migration Protection Protocols, known as the “Remain in Mexico” policy. It requires many non-Mexicans who seek asylum at the border to wait in Mexico for their cases to be heard in U.S. immigration court.\u003c/p>\n\u003cp>In April, U.S. District Judge Richard Seeborg in San Francisco blocked the policy. But the following month, the 9th Circuit allowed it to take effect while the government appeals Seeborg’s preliminary injunction. As of late August, 38,000 people had been ordered to remain in Mexico while their asylum cases proceed.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"asylum-seekers","label":"More Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>ACLU attorney Judy Rabinovitz argued that the forced return to Mexico was illegal and asked the court to allow the lower court’s injunction to block it. In particular, she said it was urgent to stop the U.S. from returning asylum-seekers to a country where they could face danger — a requirement of international law known by the French term “non-refoulement.”\u003c/p>\n\u003cp>“The greatest suffering is with respect to those individuals who are being returned to persecution or torture despite the non-refoulement obligation,” said Rabinovitz. “Our concern is just to ensure that we get relief for those people.”\u003c/p>\n\u003cp>Judge William Fletcher, another Clinton appointee, challenged Department of Justice attorney Stewart, suggesting that the interview used to place migrants into the Remain in Mexico program is flawed.\u003c/p>\n\u003cp>“You don’t even ask if they have any kind of fear,” said Fletcher. “You're not even asking them the key question with respect to refoulement, that is to say, ‘Are you afraid?’ ”\u003c/p>\n\u003cp>Stewart replied that the government doesn’t need to ask because asylum-seekers can volunteer that they fear being sent back to Mexico.\u003c/p>\n\u003cp>Douglas Oviedo, an evangelical pastor from Honduras, is one of the plaintiffs in the Remain in Mexico case. He is one of a few people who have won asylum through that program.\u003c/p>\n\u003cp>Speaking after the hearing, Oviedo said he spent 11 months in a Tijuana migrant shelter, unable to work. Central American migrants face discrimination in Mexico but, even worse, they are preyed upon by local gangs and drug cartels and also by the Mexican police. Women are raped and young people are extorted, he said.\u003c/p>\n\u003cp>“Women and children are hiding in the shelters,” he said. “Migrants don’t leave because they’re afraid to go out in the streets.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Farida Jhabvala Romero contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11777573/can-trump-administration-impose-tighter-restrictions-on-asylum-judges-to-weigh-in","authors":["259"],"programs":["news_72"],"categories":["news_1169","news_6188","news_8","news_13"],"tags":["news_350","news_23087","news_26233","news_23653","news_23629","news_20202","news_26112","news_17041","news_17907"],"featImg":"news_11777623","label":"news_72"},"news_11772775":{"type":"posts","id":"news_11772775","meta":{"index":"posts_1591205157","site":"news","id":"11772775","score":null,"sort":[1568053840000]},"guestAuthors":[],"slug":"judge-in-oakland-may-reinstate-nationwide-bar-on-asylum-restrictions","title":"Judge in Oakland Reinstates Nationwide Halt to Trump's Asylum Restrictions","publishDate":1568053840,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A federal judge in Oakland has reinstated his nationwide halt to a Trump administration policy that effectively eliminates asylum protections for thousands of Central Americans who travel through Mexico each month and seek refuge in the U.S.\u003c/p>\n\u003cp>In a ruling issued Monday, U.S. District Judge Jon Tigar said blocking the asylum restrictions across the country was the only way to provide “complete relief” to the plaintiffs: four California-based organizations that offer legal aid and other services to asylum-seekers in various states.\u003c/p>\n\u003cp>Under \u003ca href=\"https://www.kqed.org/news/11761316/trump-administration-implementing-3rd-country-rule-on-migrants-seeking-asylum\">the administration’s rule\u003c/a>, which took effect July 16, immigrants are ineligible for asylum if they crossed another country en route to the U.S. without seeking protections there first.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" tag=\"asylum\"]\u003c/p>\n\u003cp>Tigar said the plaintiff groups, which claimed significant costs under the new policy, had already established a “sufficient likelihood of irreparable harm.”\u003c/p>\n\u003cp>“The question now before the Court is whether those harms can be addressed by any relief short of nationwide injunction. The answer is that they cannot,” wrote Tigar in his ruling.\u003c/p>\n\u003cp>Tigar’s decision means migrants arriving anywhere along the southern border will now be eligible to apply for asylum as intended by Congress’ U.S. Refugee Act of 1980, said Michael Smith, who directs the refugee rights program at the East Bay Sanctuary Covenant in Berkeley, a plaintiff organization.\u003c/p>\n\u003cp>“The law says they are eligible to apply no matter how they got here,” said Smith. “So the law is clearly on our side. But this administration is going to fight against asylum on all fronts.”\u003c/p>\n\u003cp>The White House slammed Tigar's ruling in a statement.\u003c/p>\n\u003cp>\"Immigration and border security policy cannot be run by any single district court judge who decides to issue a nationwide injunction. This ruling is a gift to human smugglers and traffickers and undermines the rule of law,\" read the \u003ca href=\"https://www.whitehouse.gov/briefings-statements/statement-press-secretary-75/\" target=\"_blank\" rel=\"noopener\">statement\u003c/a> from the Press Secretary.\u003c/p>\n\u003cp>The Trump administration is expected to request the 9th U.S. Circuit Court of Appeals to review Tigar’s decision. That court had limited a \u003ca href=\"https://www.kqed.org/news/11763296/federal-judge-in-s-f-halts-new-rule-targeting-central-american-asylum-seekers\" target=\"_blank\" rel=\"noopener\">previous nationwide injunction\u003c/a> Tigar ordered July 24 to temporarily block the so-called “third country rule” while it is challenged in court.\u003c/p>\n\u003cp>Last month, the appellate judges declined the federal government’s request to dissolve the ban completely, but they restricted it to the nine western states within the appeals court’s jurisdiction, reasoning the judge hadn’t shown enough evidence to support a nationwide halt. That meant the new asylum restrictions were applying to migrants who crossed the border into Texas and New Mexico, but not into California and Arizona.\u003c/p>\n\u003cp>The three judge panel at the appeals court also ruled that Tigar retained jurisdiction to “further develop the record” to support extending the suspension to the rest of the country. That opened the door for plaintiff organizations to ask Tiger to consider additional evidence and restore the nationwide injunction on the third country rule.\u003c/p>\n\u003cp>Tigar’s ruling Monday built a fuller case for the injunction. It comes as the Trump administration asked the U.S. Supreme Court last month to intervene and allow it to fully implement the third country rule.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>At a hearing last week in Tigar’s courtroom in Oakland, East Bay Sanctuary Covenant, Al Otro Lado, Innovation Law Lab, and Central American Resource Center of Los Angeles said the partial injunction doesn’t make sense because they often represent asylum seekers outside the 9th Circuit’s jurisdiction, or represent people who came to California after entering the country through Texas and New Mexico. The organizations also claimed they’ll bear significant costs and workload from having to operate under a patchwork of asylum restrictions across the U.S.\u003c/p>\n\u003cp>U.S. Justice Department attorney Scott Stewart argued that additional evidence submitted by plaintiffs failed to show that the third country rule must be halted nationwide.\u003c/p>\n\u003cp>“They are essentially repackaging arguments they already made,” said Stewart. “We knew their operations were nationwide and the 9th Circuit still deemed the record insufficient.”\u003c/p>\n\u003cp>Stewart also argued that the appellate judges did not grant Tigar the authority to fully block the asylum restrictions once again. But Tigar seemed unconvinced.\u003c/p>\n\u003cp>“What would be the purpose of developing the record on a nationwide injunction if I didn’t have authority to issue one?” he asked Stewart.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Lee Gelernt, ACLU attorney\"]'The stakes in this case could not be higher. This rule we're talking about effectively would end asylum at the southern border for everyone except Mexicans who don't have to transit through a third country.'[/pullquote]\u003c/p>\n\u003cp>Government officials argue the third country policy is needed to reduce the influx of Central American migrants seeking asylum protections at the southern border, which the administration says has overwhelmed the country’s immigration system.\u003c/p>\n\u003cp>“This interim rule will help reduce a major 'pull' factor driving irregular migration to the United States,” said Department of Homeland Security Acting Secretary Kevin K. McAleenan, announcing the third country rule on July 15.\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>Canada and the U.S. have a \u003ca href=\"https://www.kqed.org/news/11761305/this-obscure-treaty-is-the-blueprint-for-trumps-new-asylum-rule\" target=\"_blank\" rel=\"noopener\">\"safe third country\" agreement\u003c/a>. But the U.S. doesn't have one with Mexico. The Trump administration announced an agreement this summer with Guatemala, but the country's incoming president \u003ca href=\"https://time.com/5651664/guatemala-president-elect-us-migrant-deal/\" target=\"_blank\" rel=\"noopener\">said last month\u003c/a> that Guatemala would not be able to uphold the deal reached by his predecessor.\u003c/p>\n\u003cp>The administration maintains that “loopholes” in current laws allow migrants to ask for asylum, whether or not they have legitimate claims, and then be released into the U.S. while their cases are decided by an immigration judge, which can take years.\u003c/p>\n\u003cp>Between 2017 and 2018, asylum applications increased by nearly 70%, according to government figures.\u003c/p>\n\u003cp>The majority of migrants apprehended by U.S. authorities at the southern border are Central American families and children. Many say they are fleeing extreme violence and that their governments fail to protect them.\u003c/p>\n\u003cp>The Trump administration rule includes exceptions for people who were denied protection claims elsewhere or were victims of human trafficking. But immigrant advocates argue that the policy shatters asylum protections established by Congress four decades ago.\u003c/p>\n\u003cp>“The stakes in this case could not be higher,” said Lee Gelernt, an ACLU attorney representing the plaintiffs. “This rule we're talking about effectively would end asylum at the southern border for everyone except Mexicans who don't have to transit through a third country. So we believe that it's clearly unlawful.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Federal judge blocks Trump administration rule that eliminates asylum for tens of thousands of Central Americans at the U.S.-Mexico border.","status":"publish","parent":0,"modified":1568075511,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":31,"wordCount":1157},"headData":{"title":"Judge in Oakland Reinstates Nationwide Halt to Trump's Asylum Restrictions | KQED","description":"Federal judge blocks Trump administration rule that eliminates asylum for tens of thousands of Central Americans at the U.S.-Mexico border.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Judge in Oakland Reinstates Nationwide Halt to Trump's Asylum Restrictions","datePublished":"2019-09-09T18:30:40.000Z","dateModified":"2019-09-10T00:31:51.000Z","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":"11772775 https://ww2.kqed.org/news/?p=11772775","disqusUrl":"https://ww2.kqed.org/news/2019/09/09/judge-in-oakland-may-reinstate-nationwide-bar-on-asylum-restrictions/","disqusTitle":"Judge in Oakland Reinstates Nationwide Halt to Trump's Asylum Restrictions","audioTrackLength":88,"path":"/news/11772775/judge-in-oakland-may-reinstate-nationwide-bar-on-asylum-restrictions","parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal judge in Oakland has reinstated his nationwide halt to a Trump administration policy that effectively eliminates asylum protections for thousands of Central Americans who travel through Mexico each month and seek refuge in the U.S.\u003c/p>\n\u003cp>In a ruling issued Monday, U.S. District Judge Jon Tigar said blocking the asylum restrictions across the country was the only way to provide “complete relief” to the plaintiffs: four California-based organizations that offer legal aid and other services to asylum-seekers in various states.\u003c/p>\n\u003cp>Under \u003ca href=\"https://www.kqed.org/news/11761316/trump-administration-implementing-3rd-country-rule-on-migrants-seeking-asylum\">the administration’s rule\u003c/a>, which took effect July 16, immigrants are ineligible for asylum if they crossed another country en route to the U.S. without seeking protections there first.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","tag":"asylum"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Tigar said the plaintiff groups, which claimed significant costs under the new policy, had already established a “sufficient likelihood of irreparable harm.”\u003c/p>\n\u003cp>“The question now before the Court is whether those harms can be addressed by any relief short of nationwide injunction. The answer is that they cannot,” wrote Tigar in his ruling.\u003c/p>\n\u003cp>Tigar’s decision means migrants arriving anywhere along the southern border will now be eligible to apply for asylum as intended by Congress’ U.S. Refugee Act of 1980, said Michael Smith, who directs the refugee rights program at the East Bay Sanctuary Covenant in Berkeley, a plaintiff organization.\u003c/p>\n\u003cp>“The law says they are eligible to apply no matter how they got here,” said Smith. “So the law is clearly on our side. But this administration is going to fight against asylum on all fronts.”\u003c/p>\n\u003cp>The White House slammed Tigar's ruling in a statement.\u003c/p>\n\u003cp>\"Immigration and border security policy cannot be run by any single district court judge who decides to issue a nationwide injunction. This ruling is a gift to human smugglers and traffickers and undermines the rule of law,\" read the \u003ca href=\"https://www.whitehouse.gov/briefings-statements/statement-press-secretary-75/\" target=\"_blank\" rel=\"noopener\">statement\u003c/a> from the Press Secretary.\u003c/p>\n\u003cp>The Trump administration is expected to request the 9th U.S. Circuit Court of Appeals to review Tigar’s decision. That court had limited a \u003ca href=\"https://www.kqed.org/news/11763296/federal-judge-in-s-f-halts-new-rule-targeting-central-american-asylum-seekers\" target=\"_blank\" rel=\"noopener\">previous nationwide injunction\u003c/a> Tigar ordered July 24 to temporarily block the so-called “third country rule” while it is challenged in court.\u003c/p>\n\u003cp>Last month, the appellate judges declined the federal government’s request to dissolve the ban completely, but they restricted it to the nine western states within the appeals court’s jurisdiction, reasoning the judge hadn’t shown enough evidence to support a nationwide halt. That meant the new asylum restrictions were applying to migrants who crossed the border into Texas and New Mexico, but not into California and Arizona.\u003c/p>\n\u003cp>The three judge panel at the appeals court also ruled that Tigar retained jurisdiction to “further develop the record” to support extending the suspension to the rest of the country. That opened the door for plaintiff organizations to ask Tiger to consider additional evidence and restore the nationwide injunction on the third country rule.\u003c/p>\n\u003cp>Tigar’s ruling Monday built a fuller case for the injunction. It comes as the Trump administration asked the U.S. Supreme Court last month to intervene and allow it to fully implement the third country rule.\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>At a hearing last week in Tigar’s courtroom in Oakland, East Bay Sanctuary Covenant, Al Otro Lado, Innovation Law Lab, and Central American Resource Center of Los Angeles said the partial injunction doesn’t make sense because they often represent asylum seekers outside the 9th Circuit’s jurisdiction, or represent people who came to California after entering the country through Texas and New Mexico. The organizations also claimed they’ll bear significant costs and workload from having to operate under a patchwork of asylum restrictions across the U.S.\u003c/p>\n\u003cp>U.S. Justice Department attorney Scott Stewart argued that additional evidence submitted by plaintiffs failed to show that the third country rule must be halted nationwide.\u003c/p>\n\u003cp>“They are essentially repackaging arguments they already made,” said Stewart. “We knew their operations were nationwide and the 9th Circuit still deemed the record insufficient.”\u003c/p>\n\u003cp>Stewart also argued that the appellate judges did not grant Tigar the authority to fully block the asylum restrictions once again. But Tigar seemed unconvinced.\u003c/p>\n\u003cp>“What would be the purpose of developing the record on a nationwide injunction if I didn’t have authority to issue one?” he asked Stewart.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'The stakes in this case could not be higher. This rule we're talking about effectively would end asylum at the southern border for everyone except Mexicans who don't have to transit through a third country.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Lee Gelernt, ACLU attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Government officials argue the third country policy is needed to reduce the influx of Central American migrants seeking asylum protections at the southern border, which the administration says has overwhelmed the country’s immigration system.\u003c/p>\n\u003cp>“This interim rule will help reduce a major 'pull' factor driving irregular migration to the United States,” said Department of Homeland Security Acting Secretary Kevin K. McAleenan, announcing the third country rule on July 15.\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>Canada and the U.S. have a \u003ca href=\"https://www.kqed.org/news/11761305/this-obscure-treaty-is-the-blueprint-for-trumps-new-asylum-rule\" target=\"_blank\" rel=\"noopener\">\"safe third country\" agreement\u003c/a>. But the U.S. doesn't have one with Mexico. The Trump administration announced an agreement this summer with Guatemala, but the country's incoming president \u003ca href=\"https://time.com/5651664/guatemala-president-elect-us-migrant-deal/\" target=\"_blank\" rel=\"noopener\">said last month\u003c/a> that Guatemala would not be able to uphold the deal reached by his predecessor.\u003c/p>\n\u003cp>The administration maintains that “loopholes” in current laws allow migrants to ask for asylum, whether or not they have legitimate claims, and then be released into the U.S. while their cases are decided by an immigration judge, which can take years.\u003c/p>\n\u003cp>Between 2017 and 2018, asylum applications increased by nearly 70%, according to government figures.\u003c/p>\n\u003cp>The majority of migrants apprehended by U.S. authorities at the southern border are Central American families and children. Many say they are fleeing extreme violence and that their governments fail to protect them.\u003c/p>\n\u003cp>The Trump administration rule includes exceptions for people who were denied protection claims elsewhere or were victims of human trafficking. But immigrant advocates argue that the policy shatters asylum protections established by Congress four decades ago.\u003c/p>\n\u003cp>“The stakes in this case could not be higher,” said Lee Gelernt, an ACLU attorney representing the plaintiffs. “This rule we're talking about effectively would end asylum at the southern border for everyone except Mexicans who don't have to transit through a third country. So we believe that it's clearly unlawful.”\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/11772775/judge-in-oakland-may-reinstate-nationwide-bar-on-asylum-restrictions","authors":["8659"],"programs":["news_72"],"categories":["news_1169","news_6188","news_8"],"tags":["news_23087","news_26233","news_26232","news_26287","news_1323","news_26594","news_17907"],"featImg":"news_11754757","label":"news_72"},"news_11711925":{"type":"posts","id":"news_11711925","meta":{"index":"posts_1591205157","site":"news","id":"11711925","score":null,"sort":[1544637911000]},"guestAuthors":[],"slug":"federal-appeals-court-in-s-f-reconsiders-whether-kids-facing-deportation-have-right-to-a-lawyer","title":"Federal Appeals Court in S.F. Weighs Legal Rights of Kids Facing Deportation","publishDate":1544637911,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>\u003cspan style=\"font-weight: 400\">In a rare move, a federal appeals court in San Francisco reheard a lawsuit Monday on whether children facing deportation have the right to a government-appointed attorney in immigration court.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The teenager at the center of the case, referred to in court documents by his initials C. J., fled Honduras at the age of 13 after a gang tried to recruit him at gunpoint, according to his attorneys. But his claim for asylum was subsequently rejected by a U.S. immigration court.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Attorneys with the \u003ca href=\"https://www.aclusocal.org/en/press-releases/federal-court-re-hear-cjlg-lawsuit-behalf-child-refugee\">American Civil Liberties Union contend\u003c/a> that the teenager did not get a fair hearing because he could not afford an attorney and the government did not provide one.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Unlike in criminal court, neither children nor adults in immigration court are entitled to a government-provided attorney if they can’t otherwise afford to obtain one.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">After a three-judge panel of the 9th U.S. Circuit Court of Appeals initially rejected C.J.’s claim for a lawyer earlier this year, the boy’s legal team requested a review of the arguments by a full panel of 11 judges.\u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">At Monday's rehearing, the full panel of judges peppered attorneys on both sides of the case -- \u003cem>C.J.L.G v. Whitaker\u003c/em> -- with rapid-fire questions. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Ahilan Arulanantham, senior counsel with the American Civil Liberties Union of Southern California, told the panel that the immigration judge who rejected C.J.’s claim failed to inform the teenager that he could be eligible for U.S. residency under the Special Immigrant Juvenile Status program. C.J.’s case, he said, is a good example of why children need attorneys in asylum proceedings. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Most of these children are eligible for some form of relief in the current system,” Arulanantham said. “If they’re going to have any serious possibility of obtaining it, they need legal representation.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But Deputy Assistant Attorney General Scott Stewart told the judges that minors in immigration court have no categorical right to an attorney.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I couldn't commit to a particular case where it would be constitutionally required to appoint counsel,” Stewart said, rejecting the notion that a subset of children might require counsel in order to get a fair hearing, such as very young children or those with particularly complex cases.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I mean, what the law requires, your honor, due process in this context, requires it's a fundamentally fair proceeding,” Stewart said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">That prompted a response of disbelief from Judge Andrew Hurwitz, an Obama appointee to the appeals court. “So in your view there can be a ‘fundamentally fair proceeding’ with a 2-year-old in front of an immigration judge, with no representation at all,” he said\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Stewart argued that immigration judges are neutral arbiters, committed to the welfare of the child. And, he said, the judge in C.J.’s case had thoroughly investigated his claim before deciding to deny it.\u003c/span>\u003c/p>\n\u003cp>Just one in 10 asylum-seekers (of any age) who lack legal representation win their cases, while asylum-seekers who have lawyers win almost half the time, according to \u003ca href=\"http://trac.syr.edu/immigration/reports/491/\">research\u003c/a> by Syracuse University's Transactional Records Access Clearinghouse.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A ruling is expected in the next several months, and could affect \u003ca href=\"http://trac.syr.edu/phptools/immigration/juvenile/\">tens of thousands of children\u003c/a> seeking asylum or other protections from deportation.\u003c/span>\u003c/p>\n\n","blocks":[],"excerpt":"Unlike in criminal court, neither children nor adults in immigration court are entitled to a government-provided attorney if they can’t otherwise afford to obtain one.","status":"publish","parent":0,"modified":1553667031,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":568},"headData":{"title":"Federal Appeals Court in S.F. Weighs Legal Rights of Kids Facing Deportation | KQED","description":"Unlike in criminal court, neither children nor adults in immigration court are entitled to a government-provided attorney if they can’t otherwise afford to obtain one.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Federal Appeals Court in S.F. Weighs Legal Rights of Kids Facing Deportation","datePublished":"2018-12-12T18:05:11.000Z","dateModified":"2019-03-27T06:10:31.000Z","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":"11711925 https://ww2.kqed.org/news/?p=11711925","disqusUrl":"https://ww2.kqed.org/news/2018/12/12/federal-appeals-court-in-s-f-reconsiders-whether-kids-facing-deportation-have-right-to-a-lawyer/","disqusTitle":"Federal Appeals Court in S.F. Weighs Legal Rights of Kids Facing Deportation","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2018/12/TCRAM20181211Small9thCircuit.mp3","audioTrackLength":103,"path":"/news/11711925/federal-appeals-court-in-s-f-reconsiders-whether-kids-facing-deportation-have-right-to-a-lawyer","parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-weight: 400\">In a rare move, a federal appeals court in San Francisco reheard a lawsuit Monday on whether children facing deportation have the right to a government-appointed attorney in immigration court.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The teenager at the center of the case, referred to in court documents by his initials C. J., fled Honduras at the age of 13 after a gang tried to recruit him at gunpoint, according to his attorneys. But his claim for asylum was subsequently rejected by a U.S. immigration court.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Attorneys with the \u003ca href=\"https://www.aclusocal.org/en/press-releases/federal-court-re-hear-cjlg-lawsuit-behalf-child-refugee\">American Civil Liberties Union contend\u003c/a> that the teenager did not get a fair hearing because he could not afford an attorney and the government did not provide one.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Unlike in criminal court, neither children nor adults in immigration court are entitled to a government-provided attorney if they can’t otherwise afford to obtain one.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">After a three-judge panel of the 9th U.S. Circuit Court of Appeals initially rejected C.J.’s claim for a lawyer earlier this year, the boy’s legal team requested a review of the arguments by a full panel of 11 judges.\u003c/span>\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>\u003cspan style=\"font-weight: 400\">At Monday's rehearing, the full panel of judges peppered attorneys on both sides of the case -- \u003cem>C.J.L.G v. Whitaker\u003c/em> -- with rapid-fire questions. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Ahilan Arulanantham, senior counsel with the American Civil Liberties Union of Southern California, told the panel that the immigration judge who rejected C.J.’s claim failed to inform the teenager that he could be eligible for U.S. residency under the Special Immigrant Juvenile Status program. C.J.’s case, he said, is a good example of why children need attorneys in asylum proceedings. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Most of these children are eligible for some form of relief in the current system,” Arulanantham said. “If they’re going to have any serious possibility of obtaining it, they need legal representation.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But Deputy Assistant Attorney General Scott Stewart told the judges that minors in immigration court have no categorical right to an attorney.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I couldn't commit to a particular case where it would be constitutionally required to appoint counsel,” Stewart said, rejecting the notion that a subset of children might require counsel in order to get a fair hearing, such as very young children or those with particularly complex cases.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I mean, what the law requires, your honor, due process in this context, requires it's a fundamentally fair proceeding,” Stewart said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">That prompted a response of disbelief from Judge Andrew Hurwitz, an Obama appointee to the appeals court. “So in your view there can be a ‘fundamentally fair proceeding’ with a 2-year-old in front of an immigration judge, with no representation at all,” he said\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Stewart argued that immigration judges are neutral arbiters, committed to the welfare of the child. And, he said, the judge in C.J.’s case had thoroughly investigated his claim before deciding to deny it.\u003c/span>\u003c/p>\n\u003cp>Just one in 10 asylum-seekers (of any age) who lack legal representation win their cases, while asylum-seekers who have lawyers win almost half the time, according to \u003ca href=\"http://trac.syr.edu/immigration/reports/491/\">research\u003c/a> by Syracuse University's Transactional Records Access Clearinghouse.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A ruling is expected in the next several months, and could affect \u003ca href=\"http://trac.syr.edu/phptools/immigration/juvenile/\">tens of thousands of children\u003c/a> seeking asylum or other protections from deportation.\u003c/span>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11711925/federal-appeals-court-in-s-f-reconsiders-whether-kids-facing-deportation-have-right-to-a-lawyer","authors":["6625"],"programs":["news_72"],"categories":["news_1169","news_6188","news_8"],"tags":["news_350","news_23653","news_20202","news_6883","news_17907","news_6886"],"featImg":"news_11660927","label":"news_72"},"news_11685677":{"type":"posts","id":"news_11685677","meta":{"index":"posts_1591205157","site":"news","id":"11685677","score":null,"sort":[1533752363000]},"guestAuthors":[],"slug":"federal-court-border-agent-doesnt-have-immunity-in-teens-killing-at-mexican-border","title":"Federal Court: Border Agent Doesn't Have Immunity in Teen's Killing At Mexican Border","publishDate":1533752363,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A federal appeals court is allowing a lawsuit over a Border Patrol agent's killing of a Mexican teenager to proceed, saying that if the plaintiff's version of events is correct, the agent \"violated a clearly established constitutional right and is thus not immune from suit.\"\u003c/p>\n\u003cp>In her lawsuit, Araceli Rodriguez says U.S. Border Patrol agent Lonnie Swartz violated her son's Fourth Amendment rights against unreasonable search and seizure, as well as his Fifth Amendment rights — a claim that essentially accuses Swartz of executing her son without due process.\u003c/p>\n\u003cp>Ruling that Rodriguez's case should proceed, the majority of a panel for the 9th U.S. Circuit Court of Appeals stated: \"We cannot imagine anyone whose conscience would not be shocked by the cold-blooded murder of an innocent person walking down the street in Mexico or Canada by a U.S. Border Patrol agent on the American side of the border.\"\u003c/p>\n\u003cp>The panel voted 2-1 to allow the suit against Swartz to move ahead. The civil case has raised complicated questions about law enforcement agents' legal immunity -- and whether the U.S. Constitution might sometimes apply to a foreign citizen along the border. Amid a proliferation of similar incidents in recent years, the Supreme Court has not yet issued a blanket ruling to cover all the aspects of such cases.\u003c/p>\n\u003cp>Swartz fired at Jose Antonio Elena Rodriguez from the U.S. side of the border, but his bullets struck and killed Elena Rodriguez, 16, on the other side, in Nogales, Mexico. The killing took place late on the night of Oct. 12, 2012, when Swartz shot Elena Rodriguez around 10 times, including eight times in the back, according to the medical examiner in Sonora, Mexico.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The American agent said he had acted in self-defense after rocks were thrown over the border. Swartz fired from behind a tall metal fence on an embankment that runs parallel to — and some 20 feet above — International Street in Nogales, where Elena Rodriguez had been walking when he was killed.\u003c/p>\n\u003cp>The incident produced a legal first in 2015, when Swartz was indicted on murder charges for the cross-border shooting. That criminal trial ended in April, when \u003ca href=\"https://www.npr.org/sections/thetwo-way/2018/04/24/605157363/border-patrol-agent-acquitted-in-2012-fatal-shooting-of-mexican-teen\">a jury acquitted Swartz\u003c/a> of murder and deadlocked on a count of manslaughter.\u003c/p>\n\u003cp>Swartz \"has been on unpaid administrative leave since his indictment in 2015,\" his attorney, Sean Chapman, told NPR.\u003c/p>\n\u003cp>When asked about any plans to appeal Tuesday's ruling, Chapman said, \"We will either file a motion for rehearing en banc\" — referring to the full circuit court, rather than a three-judge panel — or ask the Supreme Court to take the case.\u003c/p>\n\u003cp>In allowing the civil lawsuit to proceed, the 9th Circuit judges also moved to give new context to a legal precedent the Supreme Court set in 1971, in its ruling in \u003cem>Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics\u003c/em>. The landmark \u003cem>Bivens\u003c/em> case covered the actions of federal agents who were found to have violated constitutional protections, but it did not involve a cross-border action.\u003c/p>\n\u003cp>As they invoked \u003cem>Bivens\u003c/em> in the current case, Judge Andrew Kleinfeld and Edward Korman said in the majority opinion written by Kleinfeld that they did so because \"no other adequate remedy was available.\"\u003c/p>\n\u003cp>In his dissent, Judge Milan Smith Jr. said that it's up to Congress, not the courts, to provide a remedy for damages in such cases. The court was going too far in extending \u003cem>Bivens, \u003c/em>he said.\u003c/p>\n\u003cp>\"In holding to the contrary,\" Smith wrote, \"the majority creates a circuit split, oversteps separation-of-powers principles, and disregards Supreme Court law. I therefore respectfully dissent.\"\u003c/p>\n\u003cp>The \"circuit split\" Smith mentioned refers to the 9th Circuit reaching a different conclusion than the 5th Circuit did in a recent similar case — a situation that likely bolsters the chance that the Supreme Court will eventually take up the issue.\u003c/p>\n\u003cp>The judges who ruled in Rodriguez's favor said that while federal law bars the U.S. from being accountable to foreign laws, the plaintiff in this case is seeking to hold Swartz accountable under the U.S. Constitution.\u003c/p>\n\u003cp>Kleinfeld wrote in his opinion, \"We are applying the Constitution to afford a remedy to an alien under these circumstances.\"\u003c/p>\n\u003cp>The Rodriguez case had been put on hold in late 2016, as the Supreme Court was considering \u003cem>Hernandez v. Mesa\u003c/em>, a case that revolved around a U.S. Border Patrol agent who shot and killed 15-year-old Sergio Hernandez, in a culvert between the U.S. and Mexico at the El Paso, Texas, border.\u003c/p>\n\u003cp>Last summer, the Supreme Court \u003ca href=\"https://www.npr.org/2017/06/27/534528654/mom-of-cross-border-shooting-victim-still-waiting-for-victory\">sent the Hernandez case back to the U.S. 5th Circuit Court of Appeals\u003c/a> and gave the plaintiffs a partial victory by saying the lower court made a mistake when it found the U.S. border agent in that case, Jesus Mesa Jr., had qualified immunity. In part, the lower court had reasoned that Hernandez wasn't protected by the Constitution because he wasn't a U.S. citizen.\u003c/p>\n\u003cp>In its ruling, the Supreme Court said that because Mesa hadn't known \"Hernandez's nationality and the extent of his ties to the United States\" when he shot at him, those facts were irrelevant to deciding whether the agent's actions were legal.\u003c/p>\n\u003cp>Citing that aspect of the Supreme Court ruling, the 9th Circuit judges said the facts about Elena Rodriguez's citizenship were similarly irrelevant.\u003c/p>\n\u003cp>It would be \"bizarre,\" the majority opinion stated, for Swartz to be granted qualified immunity on the grounds that the teenager was not a U.S. citizen.\u003c/p>\n\u003cp>Reacting to the ruling in Arizona, Art del Cueto, head of the local Border Patrol Union, warned that it could embolden people who want to carry out cross-border attacks on U.S. agents, \u003ca href=\"https://news.azpm.org/p/news-articles/2018/8/7/134512-appeals-court-no-immunity-for-agent-in-cross-border-killing/\">as Arizona Public Media reports\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Rodriguez has pursued her lawsuit with the help of the American Civil Liberties Union. After Tuesday's appeals court ruling, Lee Gelernt, deputy director of the ACLU's Immigrants' Rights Project, said, \"The ruling could not have come at a more important time, when this administration is seeking to further militarize the border.\"\u003c/p>\n\u003cdiv class=\"fullattribution\">\u003cem>Copyright 2018 \u003ca href=\"http://www.npr.org/\" target=\"_blank\" rel=\"noopener\">NPR\u003c/a>.\u003c/em>\u003c/div>\n\n","blocks":[],"excerpt":"It would be 'bizarre,' the majority opinion states, for a border agent to be granted qualified immunity on the grounds that the teenager was not a U.S. citizen. ","status":"publish","parent":0,"modified":1533776052,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":1035},"headData":{"title":"Federal Court: Border Agent Doesn't Have Immunity in Teen's Killing At Mexican Border | KQED","description":"It would be 'bizarre,' the majority opinion states, for a border agent to be granted qualified immunity on the grounds that the teenager was not a U.S. citizen. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Federal Court: Border Agent Doesn't Have Immunity in Teen's Killing At Mexican Border","datePublished":"2018-08-08T18:19:23.000Z","dateModified":"2018-08-09T00:54:12.000Z","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":"11685677 https://ww2.kqed.org/news/?p=11685677","disqusUrl":"https://ww2.kqed.org/news/2018/08/08/federal-court-border-agent-doesnt-have-immunity-in-teens-killing-at-mexican-border/","disqusTitle":"Federal Court: Border Agent Doesn't Have Immunity in Teen's Killing At Mexican Border","nprImageCredit":"Max Herman","nprByline":"Bill Chappell\u003cbr>\u003cstrong>\u003ca href=\"https://www.npr.org/2018/08/08/636642524/federal-court-border-agent-doesnt-have-immunity-in-teen-s-killing-at-mexican-bor\">NPR\u003c/strong>\u003c/a>","nprImageAgency":"NurPhoto via Getty Images","nprStoryId":"636642524","nprApiLink":"http://api.npr.org/query?id=636642524&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2018/08/08/636642524/federal-court-border-agent-doesnt-have-immunity-in-teen-s-killing-at-mexican-bor?ft=nprml&f=636642524","nprRetrievedStory":"1","nprPubDate":"Wed, 08 Aug 2018 13:22:00 -0400","nprStoryDate":"Wed, 08 Aug 2018 11:48:11 -0400","nprLastModifiedDate":"Wed, 08 Aug 2018 13:22:59 -0400","path":"/news/11685677/federal-court-border-agent-doesnt-have-immunity-in-teens-killing-at-mexican-border","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal appeals court is allowing a lawsuit over a Border Patrol agent's killing of a Mexican teenager to proceed, saying that if the plaintiff's version of events is correct, the agent \"violated a clearly established constitutional right and is thus not immune from suit.\"\u003c/p>\n\u003cp>In her lawsuit, Araceli Rodriguez says U.S. Border Patrol agent Lonnie Swartz violated her son's Fourth Amendment rights against unreasonable search and seizure, as well as his Fifth Amendment rights — a claim that essentially accuses Swartz of executing her son without due process.\u003c/p>\n\u003cp>Ruling that Rodriguez's case should proceed, the majority of a panel for the 9th U.S. Circuit Court of Appeals stated: \"We cannot imagine anyone whose conscience would not be shocked by the cold-blooded murder of an innocent person walking down the street in Mexico or Canada by a U.S. Border Patrol agent on the American side of the border.\"\u003c/p>\n\u003cp>The panel voted 2-1 to allow the suit against Swartz to move ahead. The civil case has raised complicated questions about law enforcement agents' legal immunity -- and whether the U.S. Constitution might sometimes apply to a foreign citizen along the border. Amid a proliferation of similar incidents in recent years, the Supreme Court has not yet issued a blanket ruling to cover all the aspects of such cases.\u003c/p>\n\u003cp>Swartz fired at Jose Antonio Elena Rodriguez from the U.S. side of the border, but his bullets struck and killed Elena Rodriguez, 16, on the other side, in Nogales, Mexico. The killing took place late on the night of Oct. 12, 2012, when Swartz shot Elena Rodriguez around 10 times, including eight times in the back, according to the medical examiner in Sonora, Mexico.\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 American agent said he had acted in self-defense after rocks were thrown over the border. Swartz fired from behind a tall metal fence on an embankment that runs parallel to — and some 20 feet above — International Street in Nogales, where Elena Rodriguez had been walking when he was killed.\u003c/p>\n\u003cp>The incident produced a legal first in 2015, when Swartz was indicted on murder charges for the cross-border shooting. That criminal trial ended in April, when \u003ca href=\"https://www.npr.org/sections/thetwo-way/2018/04/24/605157363/border-patrol-agent-acquitted-in-2012-fatal-shooting-of-mexican-teen\">a jury acquitted Swartz\u003c/a> of murder and deadlocked on a count of manslaughter.\u003c/p>\n\u003cp>Swartz \"has been on unpaid administrative leave since his indictment in 2015,\" his attorney, Sean Chapman, told NPR.\u003c/p>\n\u003cp>When asked about any plans to appeal Tuesday's ruling, Chapman said, \"We will either file a motion for rehearing en banc\" — referring to the full circuit court, rather than a three-judge panel — or ask the Supreme Court to take the case.\u003c/p>\n\u003cp>In allowing the civil lawsuit to proceed, the 9th Circuit judges also moved to give new context to a legal precedent the Supreme Court set in 1971, in its ruling in \u003cem>Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics\u003c/em>. The landmark \u003cem>Bivens\u003c/em> case covered the actions of federal agents who were found to have violated constitutional protections, but it did not involve a cross-border action.\u003c/p>\n\u003cp>As they invoked \u003cem>Bivens\u003c/em> in the current case, Judge Andrew Kleinfeld and Edward Korman said in the majority opinion written by Kleinfeld that they did so because \"no other adequate remedy was available.\"\u003c/p>\n\u003cp>In his dissent, Judge Milan Smith Jr. said that it's up to Congress, not the courts, to provide a remedy for damages in such cases. The court was going too far in extending \u003cem>Bivens, \u003c/em>he said.\u003c/p>\n\u003cp>\"In holding to the contrary,\" Smith wrote, \"the majority creates a circuit split, oversteps separation-of-powers principles, and disregards Supreme Court law. I therefore respectfully dissent.\"\u003c/p>\n\u003cp>The \"circuit split\" Smith mentioned refers to the 9th Circuit reaching a different conclusion than the 5th Circuit did in a recent similar case — a situation that likely bolsters the chance that the Supreme Court will eventually take up the issue.\u003c/p>\n\u003cp>The judges who ruled in Rodriguez's favor said that while federal law bars the U.S. from being accountable to foreign laws, the plaintiff in this case is seeking to hold Swartz accountable under the U.S. Constitution.\u003c/p>\n\u003cp>Kleinfeld wrote in his opinion, \"We are applying the Constitution to afford a remedy to an alien under these circumstances.\"\u003c/p>\n\u003cp>The Rodriguez case had been put on hold in late 2016, as the Supreme Court was considering \u003cem>Hernandez v. Mesa\u003c/em>, a case that revolved around a U.S. Border Patrol agent who shot and killed 15-year-old Sergio Hernandez, in a culvert between the U.S. and Mexico at the El Paso, Texas, border.\u003c/p>\n\u003cp>Last summer, the Supreme Court \u003ca href=\"https://www.npr.org/2017/06/27/534528654/mom-of-cross-border-shooting-victim-still-waiting-for-victory\">sent the Hernandez case back to the U.S. 5th Circuit Court of Appeals\u003c/a> and gave the plaintiffs a partial victory by saying the lower court made a mistake when it found the U.S. border agent in that case, Jesus Mesa Jr., had qualified immunity. In part, the lower court had reasoned that Hernandez wasn't protected by the Constitution because he wasn't a U.S. citizen.\u003c/p>\n\u003cp>In its ruling, the Supreme Court said that because Mesa hadn't known \"Hernandez's nationality and the extent of his ties to the United States\" when he shot at him, those facts were irrelevant to deciding whether the agent's actions were legal.\u003c/p>\n\u003cp>Citing that aspect of the Supreme Court ruling, the 9th Circuit judges said the facts about Elena Rodriguez's citizenship were similarly irrelevant.\u003c/p>\n\u003cp>It would be \"bizarre,\" the majority opinion stated, for Swartz to be granted qualified immunity on the grounds that the teenager was not a U.S. citizen.\u003c/p>\n\u003cp>Reacting to the ruling in Arizona, Art del Cueto, head of the local Border Patrol Union, warned that it could embolden people who want to carry out cross-border attacks on U.S. agents, \u003ca href=\"https://news.azpm.org/p/news-articles/2018/8/7/134512-appeals-court-no-immunity-for-agent-in-cross-border-killing/\">as Arizona Public Media reports\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Rodriguez has pursued her lawsuit with the help of the American Civil Liberties Union. After Tuesday's appeals court ruling, Lee Gelernt, deputy director of the ACLU's Immigrants' Rights Project, said, \"The ruling could not have come at a more important time, when this administration is seeking to further militarize the border.\"\u003c/p>\n\u003cdiv class=\"fullattribution\">\u003cem>Copyright 2018 \u003ca href=\"http://www.npr.org/\" target=\"_blank\" rel=\"noopener\">NPR\u003c/a>.\u003c/em>\u003c/div>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11685677/federal-court-border-agent-doesnt-have-immunity-in-teens-killing-at-mexican-border","authors":["byline_news_11685677"],"programs":["news_72"],"categories":["news_1169","news_6188","news_8"],"tags":["news_20458","news_17907","news_23796"],"featImg":"news_11685678","label":"news_72"},"news_11641317":{"type":"posts","id":"news_11641317","meta":{"index":"posts_1591205157","site":"news","id":"11641317","score":null,"sort":[1515625524000]},"guestAuthors":[],"slug":"not-always-broken-and-unfair","title":"Not Always 'Broken and Unfair'","publishDate":1515625524,"format":"standard","headTitle":"Mark Fiore: Drawn to the Bay | KQED News","labelTerm":{"term":18515,"site":"news"},"content":"\u003cp>After a federal judge temporarily \u003ca href=\"http://bit.ly/fioredaca\">blocked Trump's DACA decision\u003c/a>, the president called the court system \"broken and unfair,\" but the administration was very pleased with two other recent court rulings.\u003c/p>\n\u003cp>https://twitter.com/realDonaldTrump/status/951094078661414912\u003c/p>\n\u003cp>The \u003ca href=\"https://ww2.kqed.org/news/2017/06/26/supreme-court-will-rule-on-president-trumps-travel-ban/\">U.S. Supreme Court's travel ban ruling\u003c/a> in June and a \u003ca href=\"https://www.npr.org/sections/thetwo-way/2017/11/28/567074546/trump-wins-opening-round-in-legal-battle-over-consumer-watchdog-agency\">recent ruling\u003c/a> by the U.S. District Court for the District of Columbia were greeted with a much more positive Trump administration reaction.\u003c/p>\n\u003cp>In fairness, the president saves most of his ire for the U.S. 9th Circuit Court of Appeals here in San Francisco.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":"After a federal judge temporarily blocked Trump's DACA decision, the president called the court system \"broken and unfair,\" but the administration was very pleased with two other recent court rulings. ","status":"publish","parent":0,"modified":1515625524,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":5,"wordCount":97},"headData":{"title":"Not Always 'Broken and Unfair' | KQED","description":"After a federal judge temporarily blocked Trump's DACA decision, the president called the court system "broken and unfair," but the administration was very pleased with two other recent court rulings. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Not Always 'Broken and Unfair'","datePublished":"2018-01-10T23:05:24.000Z","dateModified":"2018-01-10T23:05:24.000Z","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":"11641317 https://ww2.kqed.org/news/?p=11641317","disqusUrl":"https://ww2.kqed.org/news/2018/01/10/not-always-broken-and-unfair/","disqusTitle":"Not Always 'Broken and Unfair'","path":"/news/11641317/not-always-broken-and-unfair","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>After a federal judge temporarily \u003ca href=\"http://bit.ly/fioredaca\">blocked Trump's DACA decision\u003c/a>, the president called the court system \"broken and unfair,\" but the administration was very pleased with two other recent court rulings.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"951094078661414912"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>The \u003ca href=\"https://ww2.kqed.org/news/2017/06/26/supreme-court-will-rule-on-president-trumps-travel-ban/\">U.S. Supreme Court's travel ban ruling\u003c/a> in June and a \u003ca href=\"https://www.npr.org/sections/thetwo-way/2017/11/28/567074546/trump-wins-opening-round-in-legal-battle-over-consumer-watchdog-agency\">recent ruling\u003c/a> by the U.S. District Court for the District of Columbia were greeted with a much more positive Trump administration reaction.\u003c/p>\n\u003cp>In fairness, the president saves most of his ire for the U.S. 9th Circuit Court of Appeals here in San Francisco.\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>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11641317/not-always-broken-and-unfair","authors":["3236"],"series":["news_18515"],"categories":["news_1758","news_1169","news_6188","news_8","news_13"],"tags":["news_19935","news_20226","news_20415","news_20150","news_20949","news_201","news_20467","news_17907","news_1172"],"featImg":"news_11641336","label":"news_18515"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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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. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.","airtime":"MON-FRI 3am-9am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.npr.org/programs/morning-edition/","meta":{"site":"news","source":"npr"},"link":"/radio/program/morning-edition"},"onourwatch":{"id":"onourwatch","title":"On Our Watch","tagline":"Police secrets, unsealed","info":"For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. 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. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us","airtime":"SUN 2pm-3pm, MON 12am-1am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png","officialWebsiteLink":"https://www.wnycstudios.org/shows/otm","meta":{"site":"news","source":"wnyc"},"link":"/radio/program/on-the-media","subscribe":{"apple":"https://itunes.apple.com/us/podcast/on-the-media/id73330715?mt=2","tuneIn":"https://tunein.com/radio/On-the-Media-p69/","rss":"http://feeds.wnyc.org/onthemedia"}},"our-body-politic":{"id":"our-body-politic","title":"Our Body Politic","info":"Presented by KQED, KCRW and KPCC, and created and hosted by award-winning journalist Farai Chideya, Our Body Politic is unapologetically centered on reporting on not just how women of color experience the major political events of today, but how they’re impacting those very issues.","airtime":"SAT 6pm-7pm, SUN 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Our-Body-Politic-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://our-body-politic.simplecast.com/","meta":{"site":"news","source":"kcrw"},"link":"/radio/program/our-body-politic","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/our-body-politic/id1533069868","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1wbGVjYXN0LmNvbS9feGFQaHMxcw","spotify":"https://open.spotify.com/show/4ApAiLT1kV153TttWAmqmc","rss":"https://feeds.simplecast.com/_xaPhs1s","tuneIn":"https://tunein.com/podcasts/News--Politics-Podcasts/Our-Body-Politic-p1369211/"}},"pbs-newshour":{"id":"pbs-newshour","title":"PBS NewsHour","info":"Analysis, background reports and updates from the PBS NewsHour putting today's news in context.","airtime":"MON-FRI 3pm-4pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.pbs.org/newshour/","meta":{"site":"news","source":"pbs"},"link":"/radio/program/pbs-newshour","subscribe":{"apple":"https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2","tuneIn":"https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/","rss":"https://www.pbs.org/newshour/feeds/rss/podcasts/show"}},"perspectives":{"id":"perspectives","title":"Perspectives","tagline":"KQED's series of of daily listener commentaries since 1991","info":"KQED's series of of daily listener commentaries since 1991.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Perspectives-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/perspectives/","meta":{"site":"radio","source":"kqed","order":"15"},"link":"/perspectives","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/id73801135","npr":"https://www.npr.org/podcasts/432309616/perspectives","rss":"https://ww2.kqed.org/perspectives/category/perspectives/feed/","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvcGVyc3BlY3RpdmVzL2NhdGVnb3J5L3BlcnNwZWN0aXZlcy9mZWVkLw"}},"planet-money":{"id":"planet-money","title":"Planet Money","info":"The economy explained. 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